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HomeMy WebLinkAbout2021-02-01 City Council Regular Meeting Agenda Packet February 1, 2021 7:01 AM 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, FEBRUARY 1, 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. THE FEBRUARY 1, 2021 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 MEET ING AND ENTER THE PASSCODE, OR CALL THE PHONE NUMBER LIST ED 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 CLERK BY 6:00 P.M. PRIOR TO THE MEETING START AT shawna.freels@cityofgilroy.org, OR MAILED TO: GILROY CITY CLERK, 7351 ROSANNA STREET, GILROY, CA. 95020, TO BE DISTRIBUTED TO THE COUNCIL MEMBERS AND BE INCORPORATED INTO THE 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 limited to raising only those issues you or someone else raised at the public hearin g held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public Zoom Log In rb.gy/cz9jsi Passcode: 874934 or call : 1 (669) 900-6833 ID: 850 9284 6853 Passcode: 874934 City Council Regular Meeting Agenda 02/1/2021 Page2 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 or shawna.freels@cityofgilroy.org 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 II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Certificates of Appreciation for Outgoing Board, Commission and Committee Members III. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 02/1/2021 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: shawna.freels@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.) City Council Regular Meeting Agenda 02/1/2021 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 02/1/2021 Page5 A. Minutes of the January 25, 2021 Regular Meeting. B. Certificates Recognizing the 2021 Chamber of Commerce Spice of Lif e Awardees VII. BIDS AND PROPOSALS A. Award of a Contract to ASG Builders in the Amount of $119,000 for the 2021 Annual Sidewalk Gap Closure and Curb Ramp Improvement Project, No. 21-PW-267 and Approval of a Total Project Expenditure of $131,000 1. Staff Report: Karl Bjarke, Interim Public Works Director 2. Public Comment 3. Possible Action: a) Award a contract to ASG Builders in the amount of $119,000 for the construction of the 2021 annual sidewalk gap closure and c urb ramp improvements project and authorize the City Administrator to execute the contract and associated documents. b) Approve a contingency amount of $12,000 to be expended only with an approved change order for a maximum project expenditure of $131,000. B. Award of a Contract to Rosenbauer America in the Amount Not to Exceed $699,501.91 for a Type I Fire Engine and Adoption of a Resolution of the City Council of the City of Gilroy to Enter into a Lease-Purchase Agreement with Leasing 2, Inc. to Finance the Type I Fire Engine Purchase for Five Years at the Interest Rate of 1.9% for a Financing Cost Not to Exceed $40,451.09 1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager 2. Public Comment 3. Possible Action: a) Award contract not to exceed $699,501.91 (Base price of $642,073 plus 9% sales tax) to Rosenbauer America for a Type I Fire Engine, Project No. 21- PW -262. b) Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into a five-year lease-purchase Agreement with Leasing 2, Inc. to finance the purchase of the Type I Fire Engine in the amount of $699,501.91 purchased from Rosenbauer America for a financing cost not to exceed a rate of 1.9% or $40,451.09. VIII. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic City Council Regular Meeting Agenda 02/1/2021 Page6 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Receive report. B. Continued Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2020 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Appoint members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2020. C. Acceptance of Gilroy Little League Ball Park Fund Donation in the Amount of $200,000 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Accept a donation from the Gilroy Little League Ball Park Fund in the amount of $200,000 for the purposes outlined in the donation agreement and authorize the City Administrator to execute agreement. X. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2021 Mid-Year Budget Update, Approval of Increasing Fiscal Year 2020-2021 Revenue and Appropriations by $35,648 in the Measure B Fund 216 and Acceptance of the Investment Report for the Quarter Ended September 2020 1. Staff Report: Cindy Murphy, Interim Finance Director 2. Public Comment 3. Possible Action: a) Receive the mid-year budget report, b) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2020-2021 budget by $35,648 in the Measure B Fund 216, and appropriating proposed expenditure amendments, and c) Receive the investment report for the quarter ended September 2020. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Regular Meeting Agenda 02/1/2021 Page7 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property:7491 Railroad Avenue, Gilroy, APN 841-06-001(Creamery Building) Negotiators: Jimmy Forbis, City Administrator; Karen Garner, Community Development Director; Other Party to Negotiations: Mark Garrison; Under Negotiations: Price and Terms of Payment 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if re quired under Gilroy Code Section 17A.11 (5) ADJOURNMENT FUTURE MEETING DATES Certificate of Recognition The City Council of the City of Gilroy Issues to Maricela Andrade this Certificate in Recognition of Your Service to the City as Arts and Culture Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 8 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Wendy Sue Kissa this Certificate in Recognition of Your Service to the City as Arts and Culture Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 9 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Marika Somorjai this Certificate in Recognition of Your Service to the City as Arts and Culture Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 10 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Lionel Gonzalez this Certificate in Recognition of Your Service to the City as Bicycle Pedestrian Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 11 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Zachary Hilton this Certificate in Recognition of Your Service to the City as Bicycle Pedestrian Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 12 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Chad Reeder this Certificate in Recognition of Your Service to the City as Bicycle Pedestrian Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 13 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Patricia Giordano this Certificate in Recognition of Your Service to the City as Building Board of Appeals Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 14 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Stefanie Okada-McCabe this Certificate in Recognition of Your Service to the City as Building Board of Appeals Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 15 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Joseph Robinson this Certificate in Recognition of Your Service to the City as Historic Heritage Committee Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 16 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Brenda Flores this Certificate in Recognition of Your Service to the City as Housing and Neighborhood Revitalization Committee Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 17 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Manny Singh this Certificate in Recognition of Your Service to the City as Housing and Neighborhood Revitalization Committee Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 18 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Santos Cortes this Certificate in Recognition of Your Service to the City as Housing and Neighborhood Revitalization Committee Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 19 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Jennifer Del Bono this Certificate in Recognition of Your Service to the City as Housing and Neighborhood Revitalization Committee Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 20 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Candice Whitney this Certificate in Recognition of Your Service to the City as Library Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 21 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Alison Beach this Certificate in Recognition of Your Service to the City as Open Government Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 22 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to James Weaver this Certificate in Recognition of Your Service to the City as Open Government Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 23 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Marcos Gonzalez this Certificate in Recognition of Your Service to the City as Parks and Recreation Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 24 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Stefanie Okada-McCabe this Certificate in Recognition of Your Service to the City as Physically Challenged Board of Appeals Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 25 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Casey Estorga this Certificate in Recognition of Your Service to the City as Planning Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 26 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Peter Fleming this Certificate in Recognition of Your Service to the City as Planning Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 27 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Sam Kim this Certificate in Recognition of Your Service to the City as Planning Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 28 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Bryan Alonso this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 29 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Kenneth Apte this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 30 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Senna Kolagotla this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 31 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Edwin Lopez this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 32 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Vikash Sabharwal this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 33 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Paul Song this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 34 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Jane Tovar this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 35 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members Certificate of Recognition The City Council of the City of Gilroy Issues to Elizabeth Van Sambeek this Certificate in Recognition of Your Service to the City as Youth Commission Member _________________ Marie Blankley, Mayor 2.A.1 Packet Pg. 36 Communication: Certificates of Appreciation for Outgoing Board, Commission and Committee Members 1 City Council Meeting Minutes 01/25/2021 City of Gilroy City Council Meeting Minutes January 25, 2021 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Leroe-Muñoz. 2. Invocation There was none. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced that the agenda had been posted on January 20, 2021 at 5:35 p.m. Attendee Name Title Status Arrived Marie Blankley Mayor Remote 6:00 PM Rebeca Armendariz Council Member Remote 6:00 PM Dion Bracco Council Member Remote 6:00 PM Zach Hilton Council Member Remote 6:00 PM Peter Leroe-Muñoz Council Member Remote 6:00 PM Carol Marques Council Member Remote 6:00 PM Fred Tovar Council Member Remote 6:00 PM B. Orders of the Day Mayor Blankley announced that the Council was participating remotely under the Governor's order and she then provided detail on the process of public participation. C. Employee Introductions Chief Espinoza introduced Juan Rocha and Dawn Delfino newly promoted Police Sergeants. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Recognition of Santa Clara Valley Science and Engineering 2020 STEM Winner Aryan Ganesh Mayor Blankley read the proclamation. III. PRESENTATIONS TO THE COUNCIL Jan Berstein Chargin suggested the Council address the community plan to end homelessness on a future agenda. 6.A Packet Pg. 37 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 01/25/2021 Erin O'Brien of Community Solutions asked the Council to address the plan to end homelessness on a future agenda. Ben Garcia shared his support of the Council addressing homelessness on a future agenda. Carissa Purnell suggested the Council address the community plan to end homelessness on a future agenda. Shayne S shared his support of the Council addressing homelessness on a future agenda. Katrina Hernandez spoke in support of the Council addressing homelessness on a future agenda. Greg Garcia asked the Council to address the plan to end homelessness on a future agenda. Ava Lopez asked that the Council address the plan to end homelessness on a future agenda. Vanessa suggested the Council adopt the community plan to end homelessness asking that it be added to a future agenda. Olivia suggested the Council address the community plan to end homelessness on a future agenda Maria Fernandez supported adding the homelessness plan to a future Council meeting. Savannah supported the 2020 community plan to end homelessness and asked that it be placed on a future agenda. Mikayla Hernandez suggested the Council address the community p lan to end homelessness on a future agenda Rebecca Garcia supported the 2020 community plan to end homelessness and asked that it be placed on a future agenda. Angie Loyola suggested the Council address the community plan to end homelessness on a future agenda. Monique Chappell supported the 2020 community plan to end homelessness and asked that it be placed on a future agenda. Greg Bozzo of the Housing and Neighborhood Revitalization Committee stated that the committee had received a presentation of the plan and explained that there were other ramifications the City would need to consider before adopting it. Bella Bustamante supported the 2020 community plan to end homelessness 6.A Packet Pg. 38 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 01/25/2021 Aaliyah Cordova supported the 2020 community plan to end homelessness and asked that it be placed on a future agenda. Charleen Pinetto supported the 2020 community plan to end homelessness and asked that it be placed on a future agenda. Public comment was then closed. A. Presentation by Jacob Martinez of Digital NEST Youth Jo b Training and Career Development Program Jacob Martinez of Digital NEST gave the presentation. Possible Action: IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco spoke on the Library JPA meeting approval of the CIP budget, and revenue projections. He then stated that he would not be participating in the city's professional photo shoot because of the expense. Council Member Marques spoke on the planned opening of Gilroy Gardens, announced the Downtown Business Association Valentines contest, new downtown businesses and described vandalism downtown. She then reported on the Homelessness Ad Hoc Committee work describing the meetings taking place to get a full perspective before bringing recommendation to the full Council. Council Member Hilton reported on the success of the Visit Gilroy California Welcome Center support Gilroy campaign, and submission of a application. He then spoke on the Silicon Valley Clean Energy program to reduce power costs, and long term clean energy contracts and concluded by d etailing rebate and other programs of the Agency. Council Member Tovar spoke on the work of the Homeless Ad Hoc Committee and focus to present strong solutions. He asked the community to support local businesses by shopping and eating locally, and concluded by describing work to revitalize a program to discard mattresses. Council Member Leroe-Muñoz spoke on the Historic Heritage Committee review of a Mills Act contract and reported on the EDC's review of the gourmet alley proposal. Mayor Blankley spoke on work with CalTrans to clean up encampment trash on the highway. She then recognized Gilroy Police Officers who had been awarded medal of valor by the Governor. She reported on work to address use of Measure B funds and announced the recent resignation of the CEO of VTA. She concluded by reporting on the Cities Association communications to BART, ABAG and the Governor's office. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Blankley asked for a future discussion of resolution 2019 -70 related to housing loans for newly appointed city officers. The Council agreed to agendize the item. 6.A Packet Pg. 39 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 01/25/2021 A. Gilroy City Code Chapter 30 Zoning Ordinance Amendment to add Bicycle Parking - Council Member Hilton The Council did not have consensus to agendize the item. B. 2020-2025 Community Plan to End Homelessness - Council Member Hilton Public comment was opened. Diane Ortiz of the Youth Alliance suggested the Council on agendizing the item. Public comment was then closed. The Council did not have consensus to agendize the item. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar A. Approval of the January 4, 2021 Regular Meeting Minutes B. Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process C. Claim of Pedro Bazurto (The City Administrator reco mmends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS A. Award a Contract to McKim Corporation for the Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Street Project (No. 21-PW-265), and approve a project expenditure of $69,300. The item was presented by City Engineer Heap. There were no public comments. Possible Action: A. Award a contract to McKim Corporation in the amount of $62,999.99 for the Curb Ramp and Minor Concrete Improvements on 2nd and 3rd Streets Project. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar x 6.A Packet Pg. 40 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 01/25/2021 B. Approve the expenditure of $6,300.01 for co ntingency only to be expended by approved Change Orders thus allowing for a maximum project expenditure of $69,300.00 RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic The report was presented by City Administrator Forbis. There were no public comments. Possible Action: Receive report. B. Adoption of the Revised Gilroy City Council Norms The item was presented by City Clerk Freels. There were no public comments. Possible Action: Adopt the revised Gilroy City Council Norms. RESULT: APPROVE [6 TO 1] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Zach Hilton X. INTRODUCTION OF NEW BUSINESS A. Appointment of Two City Council Members to the South County Joint Recycled Water Advisory Committee The staff report was presented by City Administrator Forbis There were no public comments. Mayor Blankley and Council Member Tovar were selected to serve on the Committee. 6.A Packet Pg. 41 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 01/25/2021 Possible Action: Appoint two Council Members that currently serve on the South County Regional Wastewater Authority (SCRWA) Board to the South County Joint Recycled Water Advisory Committee. RESULT: APPROVE [6 TO 1] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Zach Hilton B. Consideration of Proposed Amendments to the Gilroy City Code to Eliminate Smoking Areas in City Parks The staff report was presented by Recreation Manager Henig. Public comment was opened. Carol Baker spoke of the Tobacco Free Santa Clara County organization spoke in support of the proposal. Vanessa Marvin of the Tobacco Free Santa Clara County organization spoke in support of the proposal. Michelle Wexler spoke in support of the proposal. Public comment was then closed. Possible Action: Receive report and direct staff to prepare an ordinance amending Chapter 19B of the Gilroy City Code entitled “Smoking Pollution Control” to prohibit smoking areas in city parks. RESULT: APPROVE [UNANIMOUS] MOVER: Zach Hilton, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar C. Introduction of Economic Development Incentives for the Business Attraction and Expansion of Automotive Dealerships The staff report was presented by Senior Management Analyst Barber. There were no public comments. Direction was given to move forward with the proposal. 6.A Packet Pg. 42 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 01/25/2021 Possible Action: Receive report and provide direction to staff. RESULT: APPROVE [5 TO 2] MOVER: Dion Bracco, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar NAYS: Rebeca Armendariz, Zach Hilton D. Review of Approaches and Tools in Addressing Commercial Blight The staff report was presented by Community Development Director Garner. There were no public comments. The Council received the report. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis announced that CalTrans would be cleaning up garbage on Highway101 between 6th and 10th streets and that the City would be developing a mattress recycling event. XII. CITY ATTORNEY'S REPORTS There were none. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th St Bridge: APNs 808-19- 007, 799-30-006 & 007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 023, 021, 018; New Fire Station: APNs 808 -18-003, 808-19-029; Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen Loma Corp., John M. Filice, Jr.; Negotiating Price and Terms of Payment Regarding Purchase, Sale, Exchange or Lease B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass Highway, APN’s 783-05-011, 012, 013, 810-17-014,015,021,024,025,026,029, 810-18- 002,010,011,801-19-005,007,010,011,014 (Gilroy Gardens); Negotiators: Jimmy Forbis, City Administrator, LeeAnn McPhillips, HR/Administrative Services Director; Other Party to Negotiations: Greg Edgar; Negotiating Price and Terms C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2); Employee Name/Title: Shawna Freels, City Clerk There were no public comments. ADJOURNMENT The adjourned to closed session at 10:01 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 43 Communication: Minutes of the January 25, 2021 Regular Meeting. (CONSENT CALENDAR (ROLL CALL VOTE)) 1 Gilroy Chamber of Commerce 2021 Spice of Life Award Recipients Man of the Year – Roland Velasco The 2021 Man of the Year award recipient, Roland Velasco, has committed most of his adult life to public service in one form or another. Roland believes in a “servant’s heart” and it shows in his passion and willingness to give back to the community that he cares so much about. Roland has provided our city with a steady hand and quiet leadership that Gilroy needed during a very turbulent time in our history. Roland has been involved with local and regional organizations throughout the years. He served as a board member for Leadership Gilroy, a Fire Commissioner for South County Fire District and as a K-9 handler with the Santa Clara County Search and Rescue. It was due to his knowledge of South County cities that Roland was appointed by former Santa Clara Valley Water District Director Sig Sanchez to represent South County during the formal 2010 redistricting process for the District. Roland served two successful terms on the Gilroy City Council, elected by voters first in 1997 and then re-elected in 2003. Roland ran for City Council in 2014 and was rewarded as the top vote-getter. After consulting with family and friends, Roland made the decision to run for Mayor. He was honored to have 2 out of every 3 voters cast their ballots for him as the new Mayor in the November 2016 election. Roland’s accomplishments as Mayor are many, and through his accomplishments you can see not only his love for the city and community, but also teaching and encouraging the community to be engaged. His most notable accomplishment was lobbying our state legislators for the repair of Highway 152-our First Street. Roland was able to get the State to secure the funding and the project was fast tracked. He advocated for restoring transparency at the dais of City Hall, addressing the public safety needs of the community, and increasing public participation during his monthly coffee events. These events were extremely popular and allowed the community to ask questions about the City in a relaxed setting that a council meeting does not allow for. Roland is most proud of his role as “Comforter and Chief” during the Garlic Festival shooting. Many times, residents would come up to him to thank him for representing the city so well during a time when the community was in shock over the assault on our beloved annual event. It was his understanding and empathy of the shock and anger many were experiencing that was appreciated by the community. During Roland's term, Gilroy also celebrated it's sesquicentennial, 150th anniversary of it's incorporation. He created a committee of community members to organize events as well as to engage with the community about this historic date. Unfortunately, many of the things planned 6.B Packet Pg. 44 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 2 were cancelled due to COVID-19, however an El Camino Bell and plaque will be installed in the Paseo as a lasting tribute to the community. As a proud veteran, Roland was actively involved with the events held by the Veteran’s Hall. Roland was recognized as the Veteran of the Year by the American Legion Post #217. Every year Roland participated in the Wreaths Across America event held at Gavilan Hills Memorial Park/Saint Mary's Cemetery and could be seen passing out coffee and donuts to participants before giving a heartfelt speech. During Roland's time as Mayor he demonstrated how important it is to give back to the community not only through his words, but with his actions. He made local government approachable and encouraged people to participate and to speak-up. Prior to his time on the City Council, Roland served in the United States Army as an Intelligence Analyst. Upon returning home to Gilroy, Roland attended Gavilan College and then San Jose State University where he earned a bachelor’s degree in Political Science. Later, he received a master’s degree in Public Administration from the University of San Francisco. In addition, Roland is a graduate of the Santa Clara University Markkula Center Ethics and Leadership Camp and the Santa Clara County Leadership Seminar Series. Currently, Roland is working as a adjunct instructor of Political Science for Gavilan College. He enjoys weaving theory with the practical application of local politics into his lesson plan. Woman of the Year – Dr. Deborah A. Flores Dr. Deborah Flores/Debbie began her career in the mid 70’s as an elementary special education teacher and then became a special education administrator for about 10 years. During those years, she shared leadership responsibilities with another administrator for a combined middle/ high school. She then moved to the District Office level as a program administrator, assistant superintendent, and deputy superintendent. For the past 21 years, she has been superintendent of schools with almost 14 years of those years here in the Gilroy Unified School District. Debbie earned her B.A. and Masters of Education at the Univ ersity of Massachusetts and her doctorate at the University of California, Santa Barbara. Dr. Flores has received a number of awards during her long career including Teacher of the Year (in Massachusetts), Santa Barbara Central Office Administrator of the Year, and in 2016, she was selected as the Santa Clara County Superintendent of the Year and the California Superintendent of the Year by the Association of Ca. School Administrators. Gilroy reminds Debbie of the small towns and cities where she grew up in the Southwest. There is a strong sense of community, a laser focus on the needs of the residents and many activities for the youth. The district, Gilroy Unified, has a very special place in her heart. She loves it and is very committed to doing everything she can to make it the best district it can be. There are so many reasons that she loves GUSD – it’s diverse school population, the dedication and commitment of staff, the Board’s strong leadership, the commitment of her administrative team, district-wide team effort during tough times and so much more. Her own son thrived in three schools in the district – Rucker, Solorsano and Gilroy High School. The past year has been the most challenging in Debbie’ career due to COVID19 pandemic. Overnight, on March 13, 2020, the school district went from teaching 11,000+ students in brick 6.B Packet Pg. 45 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 3 and mortar classrooms to providing instruction virtually through distance learning. This required a complete shift in every aspect of the operation which included distributing over 7,000 computers and almost 1,700 hotspots; training students, staff and parents on how to teach and learn from home; providing thousands of meals to our families from seven school sites; providing ongoing professional development for teachers on how to use technology to teach through the distance learning format; and holding all meetings virtually. Although it has been an incredible challenge, Debbie is very proud of how staff have come together as a team to provide the best educational environment possible. During Debbie’s tenure in GUSD, two general obligation bonds have passed thanks to the voters of Gilroy which has resulted in renovations, construction, and/or technological improvements at all schools in the district. The biggest projects were – the construction of Christopher High school, the renovation of Gilroy High School, the new Brownell campus will be completed by this summer and the new So. Valley Middle School campus rebuild has been designed and is underway. She is very proud of the facilities in the district and the improvements that have been made. Additionally, Debbie is proud of the strong financial status of the district, the positive relationships with district union leaders, the strong partnerships with community based organizations ,the collaboration with the Santa Clara County Office of Education to address the digital divide in Gilroy, and the longstanding partnership with the Chamber through the Business Education Partnership. She has been very involved in several special events that occur each year – the Run for Fitness, Read Across America and Rock the Mock. She is also very proud of the district’s role in the aftermath of the tragic Garlic Festival shooting. When asked what advice she would give others aspiring to be a superintendent, she recommends that they gain leadership experience first, at the school site level and then, at the district office before moving to the superintendency. She also advised that individuals who aspire to be a superintendent must fully comm it to the mission and goals of the district, put students and staff needs first, model what s/he expects of others, foster a shared leadership model with other administrators, develop and support a shared governance model with the school board and get involved in the community. Large Business of the Year – Alpine Landscapes Alpine Landscapes was a spin-off company when Ryan’s father, Allen Dinsmore, sold Dinsmore Landscape Company, in 1997, which was located in Santa Clara, CA. At the time of the split Dinsmore Landscape Company was 80 employees. From 1997 – 2009, located in Gilroy, Alpine Landscapes averaged 7 to 10 employees. Ryan has fond memories as a young kid working for his father at both companies. Ryan says, “When I was 5 years old, I remember mowing the carpets of my dad’s office hallways with a plastic lawn mower”. Working in the field and gaining respect for the labor-intensive industry was a common occurrence during summer months. After graduating from Chico State in 2009, Ryan joined his father in the business. He had an itch to learn the ins and outs, and grow a company that already had a great reputation for quality work and excellent customer service. Ryan and his father grew the company from 10 employees to 25 employees from 2010 – 2015. Ryan purchased the business from his father in 2016. He began putting the building blocks in place and implementing certain procedures to excel the growth. According to Ryan, “We grew from 25 employees to 75 employees in four years. I have learned that tomorrow is never 6.B Packet Pg. 46 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 4 guaranteed. Should someone else have to run your business or you were forced to sell it, would it be able to operate at the same level without you? Putting the right team members in place, whether that is managers or field personnel, that c an fill critical roles and know more than me has really paid off. It has allowed the company to continue growth while keeping the same reputation. Have we stumbled a bit? Of course. Many times. But that is what continually makes us better and will allow us to create those partnerships that last for many years.” Over the past year, Alpine Landscapes, has had to search for a new location as they have out grown their current one. “The decision was simple. We wanted to keep our HQ in Gilroy. Yes, we perform work all over the Bay Area. But 90% of our work force lives down here in the south county. Keep the work here, where you live. It’s also nice to support local organizations”. Some of the organizations the company supports are Rotary, St. Joseph’s, and Wreaths Across America to name a few. Alpine’s new headquarters is currently under construction on north Monterey Road within the city limits. “We purchased an old run-down property, on 1.6 acres, and are fully renovating it. It will provide a facelift to this area of Monterey Road. We are excited to move-in mid-2021.” Alpine, with all the commercial services they offer (maintenance, irrigation, enhancement/construction, and tree care) plans to continue its growth in the many years ahead. Recent accolades will certainly help support their growth. In 2019 they were awarded the John Redmond Memorial award for a project in Morgan Hill. It was awarded for the best maintenance of any commercial property in the state of California. “We did not enter any properties, in 2020, into trophy award categories. Judging was to be done virtually by photo submission only. This did not seem fair to all. How can someone really comprehend the detail level or correct horticultural practices being performed on a project without walking it?” What advice would you give other business owners, such as yourself, who want to grow their company? “Trust the people you hire and try to get out of the way. Don’t be an internal roadblock. It can be difficult. Just because you have done one thing right for so many years, doesn’t mean it cannot be done better or more efficiently another way. Stay up to date on technology. Technology is out there to improve efficiencies. Who are your core customers, or in our case partners? How can you learn to serv ice them better and create more partnerships based upon those relationships? Last, take care of your employees. They are the heartbeat of your operation. Make it an enjoyable experience for them where they want to make it a career and not just another job.” Small Business of the Year – Bracco’s Towing & Transport, Inc. Bracco’s Towing and Transport Inc. was founded in 1992 by Dion Bracco. From passenger cars to large commercial vehicles, we have the equipment and expertise to tow, recover and transport your vehicle or cargo efficiently and professionally. In addition to the services we provide, we also take pride in supporting our local community which has supported us through the years allowing us to grow to three locations. We dedicate time and resources to organizations that include the Exchange Club of Gilroy, Memorial Day Parade, Sober Graduation, Every Fifteen Minutes, Towing Operators Working to Eliminate Drunk Driving, Breast Cancer Awareness, Gilroy Gang Task Force, Police Activities League 6.B Packet Pg. 47 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 5 D.A.R.E., School Crossing Guards, Salvation Army, St. Joseph’s Family Center, New Hope Compassion Center, Downtown Flag Project and Anchorpoint Christian Warriors Football. Non-Profit of the Year – Operation Freedom Paws Operation Freedom Paws (OFP) has been building lifesaving human-canine relationships as a 501(c)(3) nonprofit organization for a decade. Their mission is to empower veterans, first responders, children and other individuals with disabilities to restore their freedom to live full lives. Clients are taught to train a rescue dog for their specific disability and upon completion of the program become certified service dog teams. With their four-legged healers by their sides, clients lead enriched lives, engage in their communities, and gain the skills to manage everything from PTSD, anxiety, and traumatic brain injuries to mobility issues and fluctuations in blood sugar levels. OFP provides their 48-week training program, a safe place to go 24/7 and the resources needed for healing at no cost to their clients. Since opening their Gilroy doors in 2011, they’ve been honored to serve 439 clients, 2,195 family members and rescued 377 dogs. The profound impact of OFP’s program is evident in their graduation survey results. Graduates report a 35% decrease in suicidal thoughts, a 23% decrease in their level of anger, and an 11% decrease in their use of medication. They’ve also shared a 41% increase in their level of communication and quality of life. OFP attributes their success to the hard work their clients have done and continue to do every day and to the woman at the heart of OFP, Founder and Executive Director, Mary Cortani. Mary brings 44 years of knowledge and expertise to OFP and deeply cares about her clients and their families. She’s built a team that shares her vision and a donor community who makes it possible for clients to focus on the healing and not the costs. While Mary and her team’s objective will always be to serve their clients first, they’re also dedicated to serving their commu nity. In times of emergencies, the team coordinates with police, firefighters, EMS and local shelters to house dogs for free, and provide food and support for first responders during devastating events like the COVID -19 pandemic and the California wildfires. OFP also believes in being advocates for medical advancement and public education. In 2020, Mary and Army veteran, Connor Quinn, co -authored a children’s s book called, “Four Paws, Two Feet, One Team,” to help kids understand the vital roles service dogs play in the lives of individuals with disabilities. That same year, OFP began their participation in a Johns Hopkins University study to determine how service dogs impact a veteran’s quality of life. OFP and Mary have been honored for their hard work with numerous awards including: Top Ten CNN Hero, The Red Cross Clara Barton Award, the Coretta Scott King Award from the Martin Luther King Foundation, KSBW’s local and national Jefferson Awards, and special Congressional recognitions. In looking towards the future, OFP’s priority is to continue to best serve the physical and mental well-being of their clients and welcome new individuals with disabilities into the OFP family. With the unprecedented stressors COVID-19 now presents in our world, Mary hopes to bring on board more mental health therapists and make on-site improvements that will empower clients to cope with the daily challenges and heal. Mary is also working on a capital plan that will 6.B Packet Pg. 48 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 6 enable OFP mentor-trainers to bring the program to other regions where they can help save the lives of more individuals with disabilities - one service dog team at a time. Firman B. Voorhies Volunteer of the Year – Jorge Mendoza Jorge Mendoza has been an active community leader in Gilroy since 1994. However, his passion to help others and for social justice began when he was very young. Over the last 27 years, Jorge has been an inspiration to all who know him. Jorge strongly belie ves that Gilroy is the perfect size in where everyone has the opportunity to grow, give a helping hand, and to work towards a better tomorrow. Jorge believes that Gilroy has a huge need for services and programs, but at the same time, he also believes that Gilroy is full of wonderful people with huge hearts that are always willing to help. Jorge believes that the solution to many problems can be resolved when we hear each other’s needs, when we support each other and when we work collectively towards a better future. Jorge is always willing to lend his hand to help others regardless of who they are or where they come from without expecting anything in return. “Giving is better than receiving” is something that Jorge likes to share with youth that he works with in the community. Jorge admires all working families in Gilroy that are always willing to help others regardless of their own financial or language limitations. Jorge respects ordinary people in the community that contribute to the betterment of Gilroy. He aspires to be just like them, to be able to create positive change in the community and to impact the lives of those in most need in Gilroy. Jorge’s real inspiration is anyone with a compassionate heart who dares to sacrifice themselves to help others without expecting a reward in return. One of the families that has inspired Jorge in recent years is Mr. Alvino and Ms. Edit Lopez, from Gilroy. They try to help everyone who crosses their path without asking anything, they simply support and make the t ime to be present in the lives of others. Through his volunteer work, Jorge has been involved in several community -based agencies, local and county government departments and has co -founded many Gilroy community-based initiatives. Jorge has been an active member with the following social justice groups to advocate for human rights and immigrant rights: St. Mary Parish, Services Immigrant Rights and Education Network (SIREN), People Acting Together in Community (PACT), and PICO National Network. Additionally, Jorge has played an integral role in co-founding San Ysidro Nueva Vida (mission is to create better living standards for everyone in Gilroy), Nuevo Amanecer (focus is to help homeless families), Survivors of Cancer (focus is to bring resources to G ilroy for families who have been impacted by Cancer). Jorge has also been very involved in St. Mary Parish as a member of the coordinating team for the youth group and in different ministries. During the last 25 years of his involvement, he has founded the Virgin of Juquila community celebration, the Virgin of Guadalupe Celebration and has served as a member of the Hispanic Council and Pastoral Council. Jorge is also a graduate from the Institute of Leadership in Ministry diocese of San José in 2000 (3-year program). Jorge is currently volunteering with City of Gilroy Recreation, Gilroy Police Department, Carry The Vision, Community Solutions, Santa Clara County Public Health Department, St. Mary Parish and other agencies. 6.B Packet Pg. 49 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 7 Jorge is also very civically engaged and encourages others to join him. Jorge has played a key role in getting out the Latino Vote, the Census 2020 and has been volunteering as a Community Promotor during the current pandemic to ensure that COVID-19 information and resources are accessible to the most vulnerable in Gilroy. Jorge constantly attends city council meetings to advocate for services and resources for the most vulnerable residents of Gilroy. Lastly, Jorge has also been an active voice in advocating for a more positive and open police-and-community collaboration and was instrumental of the formation of the Bilingual Community Police Academies. As a volunteer, it is important for Jorge to be engaged with different organizations because he expands his knowledge about resources that he can use to help families in need. Jorge is very encouraged to help because he feels useful, people call him at any time and they know that if he does not have the answer, he looks for it. Helping others is very important to Jorge because he has the ability to hear the needs of people with an open heart and mind. Jorge is not shy when it comes to seeking support from community-based agencies and other partners that can bring resources to families in need. Jorge is committed to making Gilroy a better community for everyone through his selfless volunteer work. When Jorge is not volunteering in the community, he enjoys spending time with his two daughters Britany and Tiffany and wife Ines. Firman B. Voorhies Volunteer of the Year – Maria Cid Maria is someone who loves giving back to my community & surrounding communities any way she can. She enjoys coordinating fundraisers for local nonprofits and have sponsored a variety of organizations on my own. Maria has been blessed with so many opportunities thr oughout the years, that she believes it is her duty to also give back and invest in the community she loves, and that’s what Gilroy is to her. Maria’s vision of a thriving community is having everyone work together to help one another. Community is always being willing to help others and lend a helping hand. It is being compassionate, understanding, loving, and empowering of others. The Gilroy community is everything to her and it includes her family, friends, loved ones, and everyone she is connected with including her clients. Maria works to empower everyone around her especially young women who are avid in accomplishing their goals. She would like to instill in others the importance of knowing their WORTH, speaking their VOICE, sharing their TRUTH, and spreading their LOVE. Inspire those around you and never give up. Maria hopes to inspire others to get involved with local organizations and offer your skillsets, their talents, whatever experience they have. She believes it’s important to do it from the heart and be sincere about it. Maria said, “Contribute to your community without expecting or receiving anything in return. Be genuine and if you can change or inspire one person’s life, then you did your job.” Maria is a family-oriented person and she prioritizes family above everything else. As a result, her biggest inspiration is her mother. Maria’s mother was a truly caring person and her values and morals transcended to everyone she encountered. She taught Maria the values of hard work and never giving up. Maria said, “It is because of her that I fight for what I believe in and never back down in the face of adversity.” 6.B Packet Pg. 50 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 8 Currently, Maria serves as a Board Member for Youth Alliance, a nonprofit dedicated to enriching the lives of youth and families throughout San Benito and South County. Furthermore, she is a supporter of the Edward Boss Prado Foundation & Cecilia’s Closet & Food Pantry whose sole mission is to provide food and assistance to challenged youth and families throughout South County with dignity. Maria had the great privilege of being named Board President for the Poppy Jasper International Film Festival Inc. (PJIFF) and is a founding Board member of 6th Street Studios & Art Center where they provide affordable studio, exhibition and classroom space for local creatives. Additionally, they will offer programing for at risk youth arts education, arts supply drives for homeless artist and artist grants. Moreover, Maria was a founding committee member for the #GILROYSTRONG in response to the Gilroy Garlic Festival Tragedy. She was the Assistant Director for SCRAMP at Laguna Seca Raceway for 15 years . She is an advocate for the March of Dimes, and a proud Ambassador for the Gilroy Chamber of Commerce. During the COVID-19 pandemic, Maria sponsored lunches for first responders (fire fighters, police officers, nurses, doctors, and scientists) as they work arduously to save lives. Educator of the Year – Terri Mikkelsen Terri believes teaching is just part of her DNA. She comes from a family of educators, so she thinks it was fate that led her to this profession. In fact, she can’t remember back to a moment where she didn’t want to teach. she always viewed the challenge of teaching as fun since it offered a creative outlet and would allow me to interact with unique and interesting students on a daily basis. Looking back on her childhood, she can recognize that all those hours she spent having fun “playing” school was ultimately preparing her for the challenge of teaching school. There have been so many memorable moments during her tenure here at Gilroy Unified School District, but her fondest memories have been made at Brownell. When she began teaching eighth-grade ELA and Social Studies, she became a member of a three-person cohort. Amazingly, eleven years later, the three of them are still teaching together. Her team’s expertise, support, and most importantly friendship inspires her to become a better teacher. Thursday’s have also become a highlight for Terri since she started working at Brownell. Every Thursday she anxiously awaits her week’s edition of the Gilroy Dispatch, so she can scour its pages for her current and former students who might be in the news. Terri said, “It’s fun to share the accomplishments of my students during class where we celebrate successes of those who were in the same exact seats as my current class. My classroom scrapbooks celebrate accomplishments like national merit scholars, youth leadership awardees, scholarship recipients, Gilroy Garlic Festival royalty, valedictorians, high school and college athletes, and so much more.” Terri’s children’s professional lives colliding with Brownell have been a high point for her as well. Her daughter, Sara, who graduated from GHS in 2010, completed her student teaching “across the hall” from Terri’s classroom at Brownell during the 2016 - 2017 school year. Ironically, Sara and Terri shared thirty-four eighth-grade students who would attend Miss Mikkelsen’s fourth period science class and would then head over to Mrs. Mikkelsen’s fifth, seventh, and eighth period CORE classes. Terri said, “We lived together during that time, so you can imagine my poor husband at the dinner table… What’s more, my son, Andrew, who graduated from GHS in 2012, also became involved with Brownell in 2018 when he became one of the architects designing our new school. What a proud mom I was when I got to stand alongside him and dig 6.B Packet Pg. 51 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 9 my shovel in at our new school’s groundbreaking ceremony last year. Needless to say, I look forward to the day I finally get to teach in Brownell’s new, beautifully-designed school.” The list of memories goes on for Terri, but the ones listed sit at the top of the list. Terri is committed to lifelong learning because, quite simply, she wants to stay up with the times and remain relevant. She enjoys learning new things, experiencing new situations, and growing as a person. Terri said, “I think this exceptional year is an excellent example of why having a growth mindset is so important: new approaches, techniques, and strategies had to be pursued in order to “be better and do better” by my students.” Terri went on to say, “Teaching is a very rewarding profession, but it does take patience and time to feel proficient at it. I can’t help but think back to an article my daughter read that was written for new teachers which included a list of the best pieces of advice one could give a new teacher. The very first entry on the list was “it will get better.” She was mortified to read that, and it didn’t really reassure her before her first day of teaching, but I do have to give that sentiment some credence since each day teaching provides educators a chance to learn, practice, grow, and hone skills. For all the future teachers out there, give yourself a little grace; we are all works in progress.” Educator of the Year – Leadership Gilroy Leadership Gilroy has a 22-year tradition of developing impactful and caring leaders who serve the Gilroy community. Since the first Leadership Gilroy class in 1998, over 300 graduates have completed the intensive multi-month Community Leadership Program and have exited the program stronger, more skilled, and more connected to their community. Participants develop vital leadership and team -building skills, gain a deeper understanding of the local community, and forge long-lasting friendships, while having a lot of fun along the way. The alumni roster includes a veritable “Who’s Who” in the Gilroy community, including:  Gilroy City Council Members  Gilroy Police Department  Gilroy Fire Department  Local Non-Profit Leaders  Gilroy Mayors  CEO’s At its core, Leadership Gilroy is a dynamic ten-month program that allows participants to develop vital leadership and team-building skills, gain a deeper understanding of the local community, and design a service project to benefit the community. The service project is the most vital component of the program because it benefits Gilroy residents and allows class participants to put into practice the skills they develop throughout the program. Program participants receive training in a wide range of topics including: team building, communication, ethics, change management, and conflict resolution. 6.B Packet Pg. 52 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 10 The program also provides opportunities to meet key leaders who serve locally, as well as at the county and state levels, and learn about vital community issues. A significant component of the program is the required class community service project. As they work together to select, plan, and implement the project, class members put all the new skills they’ve learned to work while making a difference in the community, too. Recent Leadership Gilroy class projects include:  Gilroy cLOVE Days  Gilroy Bonanza Day Parade  HEARTSafe Gilroy and AED Campaign  Spokes4Folks Bicycle Drive  Have a Sole Shoe Drive  Gilroy Farmers’ Market  Gilroy Demonstration Garden  Education and volunteer activities for youth  Hygiene supplies for the homeless The Leadership Gilroy Class of 2020 was recently honored as the Gavilan College Community Spirit award winner for their class project and were recognized at a small ceremony by Dr. Kathleen Rose. The impact of this year’s class project fills a financial void that so many nonprofit agencies have experien ced with the cancellation of the Gilroy Garlic Festival. The traditions established during the Gilroy cLOVE Days will be some that Garlic City residents celebrate for years to come. One need not look far to see the ongoing impacts on the Gilroy community as a result of the Leadership Gilroy program. There is the mural near the Gilroy Center for the Arts reminding us of the importance of the arts in any community. Gilroy residents have been the beneficiaries of Spokes4Folks bicycle drive, HeartSafe Gilroy AED distribution event, Have a Sole shoe drive and Tame the Flame fire alarm distribution. We celebrated Gilroy’s heyday with the resurrection of the long-ago Bonanza Day parade. Incoming freshmen earned service hours toward graduation at Gilroy Gardens with a community service fair at the end of the school year. The future of our program is bright as we look to develop a youth leadership program along with other leadership seminars, programs, and projects. The lives that Leadership Gilroy has touched in more than two decades of service to the community reach across all ages, races, and creeds. The impact of the projects will be felt for years to come and the leaders who emerge from the program will continue to initiate change for the betterment of the Gilroy community. Leadership Gilroy continues to be a vital contributor and nonprofit leader in our community, stitching a communal thread of connection between class members, residents and other organizations. Young Professional of the Year – Chef Carlos Pineda Chef Carlos Pineda is the Director of Hospitality and Culinary Services at Rebekah’s Children Services. In his role, Chef oversees Food Services, the Culinary Academy, and Kneaded Bakery, and strives to create a safe and welcoming space for everyone who steps foot onto 6.B Packet Pg. 53 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 11 campus. Chef Carlos was born and raised in Gilroy, California and graduated from Gilroy High School before attending and graduating from the Professional Culinary Institute in 2008. After graduation he interned with The Pebble Beach Company, then went on to work as a Chef in Monterey, Carmel, Los Angeles, San Jose, Morgan Hill and Gilroy. In 2010 he helped develop the Culinary Academy at Rebekah Children’s Services, which serves disenfranchised youth ages 15-25. The program teaches job skills, culinary skills, and life skills so that graduates will be ready to enter the work force, trade school, or college. Chef Carlos has had the privilege of assisting 1500 students in completing the program and moving on to even greater opportunities. In 2014 Chef Carlos completed the requirements to receive his California Teaching Credential for Vocational Education. Over the years of working with his students, Chef Carlos realized the importance of mental health care and the need for a be tter-informed instructor. He has started pursing a degree in Psychology so he can better serve his students and his community. Carlos is an avid supporter of the LGBTQ community and is highly committed to contributing in an impactful way to various servic e organizations in the Bay Area, including serving on the Board of Directors for the Gilroy Chamber of Commerce, South County Young Professional’s Network, Gilroy Exchange Club, El Cajon Project, Leadership Gilroy, and Gilroy Foundation. Chef Carlos also serves on the Gilroy Ostrich Farm Advisory Committee and is the Assistant Chairperson for the Gilroy Garlic Festival Association Recipe Contest. He has served in the past as a member of the City of Gilroy Housing Advisory Committee and is also a Past Presid ent of the Gilroy Sunrise Rotary Club. In June 2017 he received the Nob Hill Award for Outstanding Community Service from the Gilroy Chamber of Commerce and was highlighted as one of Gilroy and Morgan Hill Today’s 2018 People to watch. In 2018 he received the Gavilan College Community Spirit Award. He is the reigning Champion of the Gilroy Garlic Festival, taking 1 st place during the 2017, 2018, and 2019 annual competitions, donating his earnings each year to the Gilroy Foundation, One Giving Tree and Rebek ah Children’s Services respectively. More recently Chef Carlos was awarded the 2020 Leadership Gilroy LIFT Award (Lead Inspire Focus Team) for exemplifying what it means to lead others in our community and around the world. In August of 2020 Chef Carlos created the #YESCHEFCARLOS Podcast, a weekly conversation that Chef shares with his followers worldwide. This outlet allows Chef Carlos to reach anyone who is interested in his story and expertise. Chef Carlos’ motto is to always “educate, inspire and lead.” Chef believes that by educating, inspiring and leading future generations, we can empower them to advocate for themselves and become resources for their communities. Susan Valenta Youth Leadership Award – Danielle Russell As an avid genealogist and aspiring historian, Danielle Russell first discovered her passion for history in fifth grade and found her love of genealogy in seventh grade. After learning of the fascinating lives led by her ancestors, many of whom were veterans who have been lost to th e folds of time, Danielle became inspired to preserve the lives and memories of other veterans, so none would be forgotten like her ancestors had been. One of Danielle’s proudest achievements in high school was winning one of two national student scholarships to the 2019 Lincoln Forum in Gettysburg, Pennsylvania. This scholarship allowed Danielle and her mother, Debbie, to travel to Gettysburg, where they met some of the 6.B Packet Pg. 54 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) 12 leading historians in the field of Lincoln and the Civil War Era. Inspired by the wonderful people she met, and by the tremendously beautiful landscape over which her ancestors fought, this trip solidified her plans for college and beyond. Beginning in Fall 2021, Danielle will be playing tennis for, and attending, Gettysburg Colleg e, where she plans to major in history, with minors in Civil War Era Studies, museum studies, and public history. It is her greatest dream to become a professor of American history, with a concentration in Civil War Era Studies, so that she may further preserve the memories of those who served our nation. For future students, regardless of their chosen vocation, Danielle suggests they remain persistent and hopeful that they will achieve their dreams. She advises they remember L.M. Montgomery’s words that “Everything worth having is some trouble.” It is by that quote that Danielle first learned her dreams were possible if she only had the determination and work ethic to make them possible. 6.B Packet Pg. 55 Communication: Certificates Recognizing the 2021 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Award of a Contract to ASG Builders in the Amount of $119,000 for the 2021 Annual Sidewalk Gap Closure and Curb Ramp Improvement Project, No. 21-PW -267 and Approval of a Total Project Expenditure of $131,000 Meeting Date: February 1, 2021 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Karl Bjarke Prepared By: Karl Bjarke Julie Oates Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Award a contract to ASG Builders in the amount of $119,000 for the construction of the 2021 annual sidewalk gap closure and curb ramp improvements project and authorize the City Administrator to execute the contract and associated documents. b) Approve a contingency amount of $12,000 to be expended only with an approved change order for a maximum project expenditure of $131,000. EXECUTIVE SUMMARY 7.A Packet Pg. 56 The City receives Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). Eligible activities that can be funded under Capital Improvements include annual curb r amp and sidewalk improvements within the Neighborhood Revitalization Strategy Area (NRSA). For this reason, the 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project (the Project), No. 21-PW -267, was created. The Project will upgrade curb ramps that are not in compliance with the Americans with Disabilities Act (ADA). The CDBG capital improvement allocation for the Project was approved by the City Council on July 1, 2020 after a 30-day public comment period. The FY2020-2021 Annual Action Plan identified this Project as having the highest priority among the list of Capital Improvement Projects within the NRSA, with allocated funds of $169,881. Staff advertised the Project in the San Jose Mercury News and on the City’s website and received six bids. After a successful bid opening, staff recommends awarding a contract to the lowest bidder, ASG Builders, in the amount of $119,000. In addition, staff recommends approval of a contingency in an amount not to exceed $12,000. Including the base bid amount and contingency Council is requested to approve a maximum expenditure of $131,000 to construct the Project. The Project will be funded through grant money received from the CDBG Program, Fund 254. BACKGROUND The City is a designated “entitlement” jurisdiction participating in the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program. This classification as an “entitlement” jurisdiction allows the City to receive an annual allocation of CDBG funds. The City is required to spend a minimum amount of these funds each year. The City is also required to submit an Annual Action Plan (Plan) which identifies specific projects/activities within that fiscal/program year. Community Development Department and Public Works Department staff collaborated to identify projects that qualify in the Neighborhood Revitalization Strategy Area (NRSA), as defined by HUD. Staff identified areas within the NRSA and prioritized work for infrastructure improvements based on the following criteria: 1. Upgrading existing curb ramps on streets to be resurfaced or rehabilitated in upcoming projects. 2. Sidewalk gap closures that may be present on the streets to be resurfaced in upcoming projects. 3. Construction of new curb ramps. Title II of the ADA requires state and local governments to provide ADA -compliant curb ramps along pedestrian routes in the public right of way whenever streets are altered. Alterations include reconstruction, rehabilitation, resurfacing, and widening. 7.A Packet Pg. 57 Church Street between First and Sixth Streets and Forest Street between Sixth and Eighth Streets are scheduled for pavement resurfacing or rehabilitation as part of the City’s Annual Pavement Maintenance Program in FY22. As a result, staff evaluated the curb ramps along these segments of Church Street and Forest Street to determine whether they were ADA-compliant. It was determined that fourteen curb ramps on Church Street and five curb ramps on Forest Street require upgrades in order to make them ADA-compliant. If these curb ramps are not ADA-compliant when the streets are resurfaced or rehabilitated in FY22, then some of the funds used for paving would need to be allocated to upgrading these curb ramps. Upgrading these curb ramps now with CDBG funds will allow the City to allocate more Gas Tax, Vehicle Registration Fee, SB- 1, and Measure B funds to pavement maintenance. Based on the Engineer’s Estimate, it was anticipated that there would only be enough CDBG funds available in FY21 to upgrade a total of sixteen curb ramps (fourteen on Church Street and two on Forest Street) as part of this project . The Project includes ADA curb ramp improvements at the following locations: 1. Church Street / Second Street a. All Four Corners 2. Church Street / Third Street a. All Four Corners 3. Church Street / Fourth Street a. Northeast and Northwest Corners 4. Church Street / Fifth Street a. Northeast and Northwest Corners 5. Church Street / Sixth Street a. Northeast and Northwest Corners 6. Forest Street / Seventh Street a. Northeast and Southeast Corners The three remaining curb ramps on Forest Street may be upgraded in conjunction with the City’s Annual Pavement Maintenance Program or as part of the 2022 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project. ANALYSIS On December 1, 2020, staff advertised the Project in the San Jose Mercury News and on the City’s website with a bid opening date of January 6, 2020. One addendum was issued for this bid on December 28, 2020. Staff received six bids for the Project. A summary of the bid results is shown below: 7.A Packet Pg. 58 RANK COMPANY NAME TOTAL BID AMOUNT 1 ASG Builders $119,000.00 2 McKim Corporation $125,474.08 3 Burch Engineering & Construction, Inc. $137,250.00 4 J.J.R. Construction $138,372.00 5 FBD Vanguard Construction, Inc. $164,690.00 The lowest responsive bidder is ASG Builders with a total bid of $119,000. The Engineer’s Estimate was $140,700. The lowest bid is 15% lower than the Engineer’s Estimate. Staff recommends awarding the construction contract to ASG Builders for the following reasons: 1. The Project is time sensitive. Not awarding this contract may jeopardize the allocation of future CDBG funds from HUD due to not utilizing funds in a timely manner. 2. The curb ramp improvements are along streets that will be resurfaced in FY22 using Gas Tax, Vehicle Registration Fee, SB-1, and Measure B funding. Streets that are resurfaced are required to have their associated curb ramps upgraded. Upgrading the curb ramps along these streets in advance of the paving project will allow more of these funds to be s pent on paving the City’s streets. Staff anticipates construction of the Project to begin in February 2021 and be completed in April 2021. ALTERNATIVES The alternative to the staff recommendations is to reject all bids. Staff does not recommend this option as this will jeopardize the allocation of future CDBG funds from HUD due to not utilizing funds in a timely manner. FISCAL IMPACT/FUNDING SOURCE The City receives Community Development Block Grant (CDBG) Program funding annually from the United States Department of Housing and Urban Development (HUD). This funding is available through the City’s CDBG Fund, Fund 254. The City has been notified that funds from HUD will be available for this project by February 1, 2021. PUBLIC OUTREACH 7.A Packet Pg. 59 Staff will notify the Gilroy Unified School District about the scope and schedule for the Project. This information will also be provided via social media through Facebook, Instagram, and E-mail Express to ensure the public is aware of the Project. The contractor also will be notifying nearby residents and schools 10 days and 48 hours in advance of construction. NEXT STEPS Upon Council’s approval of this contract, the contract will be executed, and Staff will work with the contractor to develop a final construction schedule to begin construction in February 2021. Attachments: 1. 21-PW -267 FY21 CDBG FINAL PLANS 2. 21-PW -267 ASG Agreement 7.A Packet Pg. 60 DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTST-1 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.TITLE SHEETSHEET 1 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYREVISIONSCITY OF GILROYDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-04692021 Annual Sidewalk Gap Closure & Curb Ramp ImprovementsPROJECT NO. 21-PW-267ACCEPTANCE OF PLANSAPPROVED:__________________________________________________________________________________GARY HEAP DATECITY ENGINEERCITY OF GILROYALL LOCATIONS AND DEPTHS OF UTILITIES AREAPPROXIMATE. THE CONTRACTOR SHALL BE RESPONSIBLEFOR VERIFYING SIZES, DEPTHS, AND LOCATIONS OF ALLUTILITIES PRIOR TO PROCEEDING WITH ANY WORK ORORDERING OF MATERIALS. ANY CHANGES TO THESE PLANSAND SPECIFICATIONS SHALL BE APPROVED BY THEENGINEER.CONTRACTOR SHALL NOTIFY USA (UNDERGROUNDSERVICE ALERT) AT 1-800-227-2600, A MINIMUM OF 48HOURS BEFORE BEGINNING ANY EXCAVATIONS.THE CITY OF GILROY HEREBY ACCEPTS THESE PLANS FOR CONSTRUCTION, ASBEING IN GENERAL COMPLIANCE WITH PLANS PREPARATION REQUIREMENTS OFTHIS GOVERNMENT. RESPONSIBILITY FOR THE COMPLETENESS AND ACCURACYOF THE PLANS AND RELATED DESIGN RESIDES WITH THE ENGINEER ANDENGINEERING FIRM OF RECORDTHE WORK INCLUDES THE FURNISHING OF ALL LABOR,MATERIALS, INCIDENTALS, AND EQUIPMENT NECESSARY TOPERFORM THE REMOVAL AND REPLACEMENT OF EXISTINGCURB RAMPS, CURB AND GUTTER, AND SIDEWALKS TOMEET ADA COMPLIANCE; MINOR ASPHALT REPLACEMENTAND PAVEMENT STRIPING; CURB MARKINGS; STORMWATERMANAGEMENT; AND OTHER INCIDENTALS THERETO, INVARIOUS LOCATIONS IN THE CITY OF GILROY, AS OUTLINEDIN THESE PLANS AND SPECIFICATIONS.PROJECT DESCRIPTION LEAVESLEY RDMONTEREY RDFIRST STHIGHWAY 101CHURCH STSECOND STTHIRD STFOURTH STFIFTH STSIXTH STSEVENTH STFOREST STTENTH STNPROJECTLOCATIONSheet IndexSheetSheetNo.Sheet Title1T-1TITLE SHEET2GN-1GENERAL NOTES3VM-1VICINITY MAP4CD-1CONSTRUCTION DETAILS - 1 CHURCH & SECOND5CD-2CONSTRUCTION DETAILS - 2 CHURCH & THIRD6CD-3CONSTRUCTION DETAILS - 3 CHURCH & FOURTH7CD-4CONSTRUCTION DETAILS - 4 CHURCH & FIFTH8CD-5CONSTRUCTION DETAILS - 5 CHURCH & SIXTH9CD-6CONSTRUCTION DETAILS - 6 FOREST & SEVENTH\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg11/24/2020 3:07:54 PM 7.A.aPacket Pg. 61Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) General Notes1.THE ENGINEER ASSUMES NO RESPONSIBILITY BEYOND ADEQUACY OF THE DESIGNCONTAINED HEREIN2.CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITECONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDINGSAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL APPLYCONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND THECONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEERHARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THEPERFORMANCE OF WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THESOLE NEGLIGENCE OF THE OWNER OR ENGINEER.3.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN PERMITS NECESSARY TOPERFORM THE IMPROVEMENTS IN THESE PLANS FROM THE APPROPRIATE AGENCIESAND TO COMPLY WITH THE CITY'S REQUIREMENTS. THE CONTRACTOR MUST COMPLYWITH ALL LOCAL, STATE, AND FEDERAL LAWS.4.THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGGERS, OROTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY AND WORKER SAFETY INACCORDANCE WITH LATEST CALTRANS, CA MUTCD, AND CAL-OSHA SPECIFICATIONS.5.IF ANY CULTURAL FEATURES OR ARCHAEOLOGICAL MATERIALS ARE UNCOVEREDDURING GRADING, TRENCHING, OR OTHER EXCAVATION WORK, ALL WORK WITHIN ONEHUNDRED (100) FEET OF THESE MATERIALS SHALL BE STOPPED UNTIL A PROFESSIONALARCHAEOLOGIST CERTIFIED BY THE REGISTER OF PROFESSIONAL ARCHAEOLOGISTS(RPA) AND/OR SOCIETY FOR CALIFORNIA ARCHAEOLOGY (SCA) HAS HAD ANOPPORTUNITY TO EVALUATE THE SIGNIFICANCE OF THE FIND AND APPROPRIATEMITIGATION MEASURES ARE DETERMINED AND IMPLEMENTED.6.THE CONTRACTOR IS RESPONSIBLE FOR HAVING A COMPLETE AND CURRENT COPY OFTHE APPROVED PLAN ON THE JOB SITE AT ALL TIMES.7.THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY FIELD CHANGES MADEWITHOUT WRITTEN AUTHORIZATION FROM THE CITY.8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MATCHING EXISTING STREETS,SURROUNDING LANDSCAPE, AND ALL OTHER EXISTING CONDITIONS WITH A SMOOTHTRANSITION IN PAVING, CURBS, GUTTERS, SIDEWALKS, GRADING, ETC., AND TO AVOIDANY ABRUPT OR APPARENT CHANGES IN GRADES OR CROSS SLOPES, LOW SPOTS, ANDHAZARDOUS CONDITIONS.9.THE CONTRACTOR SHALL BE RESPONSIBLE TO IDENTIFY THE EXACT LOCATION OFSURFACE UTILITIES. THIS IDENTIFICATION SHALL BE VERIFIED AND COORDINATED BYTHE CONTRACTOR WITH THE APPROPRIATE UTILITY COMPANY AS REQUIRED. CALL U.S.A(UNDERGROUND SERVICE ALERT) FOR UTILITY LOCATION QUESTIONS AT LEAST 48HOURS BEFORE DIGGING. PHONE 1-800-642-2444 (OR DIAL 811)10.CONTRACTOR SHALL PROVIDE A TWO (2) WEEK ADVANCE NOTICE AND 48 HOURADVANCE NOTICE TO PROPERTY OWNERS AND RESIDENTS PRIOR TO COMMENCINGCONSTRUCTION WORK. NOTIFICATION TO BE BY LETTER AND SHALL BE APPROVED BYTHE ENGINEER.11.TRAFFIC CONTROL SHALL BE PERFORMED IN ACCORDANCE WITH THE REQUIREMENTSOF THE LATEST "CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES"PUBLISHED BY CALTRANS, AND AS REQUIRED IN THE PROJECT SPECIFICATION.12.THE CONTRACTOR SHALL SUBMIT A PROPOSED HAUL ROUTE AND SHALL NOT BEGINHAULING UNTIL RECEIVING WRITTEN APPROVAL OF THE PROPOSED HAUL ROUTE FROMTHE CITY.13.PROPOSED IMPROVEMENTS IDENTIFIED HEREIN SHALL BE SUPPLEMENTED BY THELATEST EDITIONS OF THE CITY STANDARD PLANS AND SPECIFICATIONS AND CALTRANSPLANS AND SPECIFICATIONS.14.DUST CONTROL - THE CONTRACTOR SHALL CONTROL DUST TO THE MAXIMUM EXTENTPRACTICABLE. MEETING OR EXCEEDING REQUIREMENTS ESTABLISHED BY THE BAYAREA AIR QUALITY MANAGEMENT DISTRICT, AND AS REQUIRED IN THE PROJECTSPECIFICATIONS.15.SAFETY MEASURES - AT ALL TIMES, INCLUDING NON-WORKING HOURS, THECONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OFTHE JOB SITE, CONTRACTOR'S OPERATIONS AND/OR MATERIALS AND EQUIPMENTSTORED IN THE STAGING AREAS, INCLUDING SAFETY OF PERSONS AND PROPERTY, ANDFOR ALL NECESSARY INDEPENDENT ENGINEERING REVIEW OF THE CONDITIONS. THEENGINEER'S JOB SITE REVIEW IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACYOF THE CONTRACTOR'S SAFETY MEASURES.16.CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING A WPCP FOR APPROVAL BY THEENGINEER. CONTRACTOR SHALL IMPLEMENT THE WPCP THROUGHOUT THE DURATIONOF THE PROJECT, AND AS REQUIRED IN THE PROJECT SPECIFICATIONS.17.ALL EXISTING CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS THAT ARE TO BERECONSTRUCTED SHALL BE REPLACED WITHIN FIVE (5) CALENDAR DAYS AFTER THEIRREMOVAL, UNLESS OTHERWISE APPROVED BY THE ENGINEER.18.THE CITY MUST APPROVE CONCRETE FORMS BEFORE THE POURING OF CONCRETE.CONCRETE POURED PRIOR TO APPROVAL IS SUBJECT TO REJECTION AND REMOVAL.19.CURB RAMPS SHALL BE REPLACED BY SAWCUTTING ALONG SCORE MARKS, THENREMOVING AND REPLACING THE ENTIRE WIDTH OF THE SIDEWALK OVER 4" AGGREGATEBASE AND INSTALLING NO. 4 DOWELS (9" MAXIMUM LENGTH) AT 3' ON CENTERS. THEDOWELS ARE TO BE DRILLED 3" INTO THE EXISTING CURB AND REMAINING SIDEWALKAND EPOXIED INTO PLACE.20.IF THERE ARE TREE ROOTS PRESENT AT LOCATIONS WHERE CONCRETE REPAIRS ARESPECIFIED, CONTRACTOR SHALL OBTAIN APPROVAL FROM THE ENGINEER PRIOR TOCUTTING, PRUNING, OR REMOVING TREE ROOTS WHILE PERFORMING CONCRETEREPAIRS. CONTRACTOR SHALL APPLY ROOT CONTROL BARRIERS PRIOR TO PLACINGNEW CONCRETE. BUS STOPS21.CONTRACTOR SHALL CONTACT THE VTA GENERAL BUS STOP HOTLINE AT (408) 321-5800OR VIA EMAIL AT BUS.STOP@VTA.ORG TO COORDINATE IMPACTS TO VTA BUS STOPS.CONTRACTOR SHALL PROVIDE NATURE OF IMPACT AND ESTIMATED NUMBER OFWORKING DAYS. CONTRACTOR MAY BE REQUIRED TO CONSTRUCT TEMPORARYIMPROVEMENTS TO ACCOMMODATE RELOCATING THE BUS STOPS. GARBAGE COLLECTION22.FOR ANY WORK ON OR ADJACENT TO GARBAGE AND RECYCLING COLLECTION ROUTES,THE CONTRACTOR SHALL ALLOW GARBAGE TRUCKS TO SAFELY PASS THROUGH THECONTRACTOR'S SITE AT ALL TIMES, UNLESS AN EXCEPTION IS GRANTED BY THEENGINEER. CONTRACTOR SHALL NOTIFY RECOLOGY (408-842-3358) PRIOR TOCOMMENCING CONSTRUCTION OF WORK WITHIN THE COLLECTION SITE. DRIVEWAY ACCESS23.THE CONTRACTOR SHALL MAINTAIN INGRESS AND EGRESS OF PRIVATE PROPERTYADJACENT TO THE WORK THROUGHOUT THE PERIOD OF CONSTRUCTION. MAIL SERVICE24.THE CONTRACTOR SHALL CONTACT USPS AT (408-842-1354) TO COORDINATE IMPACTSTO MAIL SERVICE. SITE RESTORATION25.EXISTING LANDSCAPING WITHIN THE AREA OF WORK SHALL BE CAREFULLY REMOVEDAND REPLACED IN KIND WITH MINIMAL DAMAGE, LANDSCAPE SOIL SHALL BE REPLACEDWHEN DIRECTED BY THE ENGINEER WITH BACKFILL MIX PER THE STATED STANDARDSPECIFICATIONS UNLESS OTHERWISE DIRECTED BY THE ENGINEER.26.THE CONTRACTOR SHALL RETURN THE PRIVATE YARDS, SIDEWALKS, PLANTERS,IRRIGATION SYSTEMS, AND OTHER FACILITIES, PUBLIC OR PRIVATE, DISTURBED BY THEWORK TO THE SAME OR BETTER CONDITION THAT EXISTED PRIOR TO COMMENCEMENTOF THE WORK. THE CONTRACTOR SHALL MAKE A REASONABLE EFFORT TO RESTOREEACH PRIVATE YARD DISTURBED BY THE WORK WITHIN ONE WEEK AFTER THE WORK ISCOMPLETE ON THE SAME YARD EXCEPT WHERE THE CITY'S INSPECTOR AGREES THATFOR CONSTRUCTION REASONS, THE ONE WEEK REQUIREMENT MAY BE EXTENDED.IRRIGATION THAT IS DAMAGED SHALL BE REPAIRED WITHIN ONE WEEK OF DAMAGE.\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSGN-1 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.GENERAL NOTESSHEET 2 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSCITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 62Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) \\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSVM-1 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.VICINITY MAPSHEET 3 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSCITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 63Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) CHURCH STSECOND ST7.5% Max 7.5%Max1.5%Max7.5% Max7.5%Max7.5%Max7.5% Max 7.5% Max 7.5%MaxCURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%Max1.5%MaxMATCH EXISTING SIDEWALK WIDTH (TYP)ROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)2.0' MIN (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMESRED CURB11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-1 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 1CHURCH & SECONDSHEET 4 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSCITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 64Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) CHURCH STTHIRD ST7.5% Max 7.5%Max7.5% Max7.5%Max7.5%Max7.5% Max 7.5% Max 7.5%MaxCURB RAMP(CASE CM MOD)CURB RAMP(CASE STR-11A)CURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)STORM DRAIN INLETTO BE PROTECTED IN PLACE2.0' MIN (TYP)5' Min\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%Max1.5%Max1.5%MaxMATCH EXISTING SIDEWALK WIDTH (TYP)ROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)2.0' MIN (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-2 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 2CHURCH & THIRDSHEET 5 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSRED CURB (TYP)CITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 65Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) CHURCH ST FOURTH ST7.5%Max 7.5%Max7.5% Max7.5%MaxCURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%MaxMATCH EXISTING SIDEWALK WIDTH (TYP)ROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)2.0' MIN (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-3 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 3CHURCH & FOURTHSHEET 6 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSCITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 66Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) CHURCH ST FIFTH ST7.5% Max 7.5%Max7.5% Max7.5%MaxCURB RAMP(CASE CM MOD)CURB RAMP(CASE CM MOD)\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%MaxMATCH EXISTING SIDEWALK WIDTH (TYP)ROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)2.0' MIN (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-4 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 4CHURCH & FIFTHSHEET 7 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSRED CURB (TYP)CITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 67Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) CHURCH STSIXTH ST7.5% Max 7.5%Max7.5% Max7.5%MaxCURB RAMP(CASE STR-11A)STORM DRAIN INLETTO BE PROTECTED IN PLACECURB RAMP(CASE CM MOD)\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%MaxMATCH EXISTING SIDEWALK WIDTH (TYP)ROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)2.0' MIN (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-5 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 5CHURCH & SIXTHSHEET 8 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONSRED CURB (TYP)CITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 68Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) FOREST ST SEVENTH ST7.5% Max 7.5%Max7.5% Max CURB RAMP(CASE F)CURB RAMP(CASE F MOD)EXISTING SIDEWALK (TYP)\\ORG-SRVR\Depts$\Public Works\Capital Improvement Program\Capital Improvement Projects\CDBG 2021 Project\Plans and Specs\AutoCAD Files\2021 CDBG.dwg1.5%Max1.5%MaxROW (TYP)MATCH EXISTING GUTTER WIDTH (TYP)MATCH EXISTING SIDEWALK WIDTH (TYP) LEGENDPORTLAND CEMENT CONCRETEASPHALT CONCRETETRUNCATED DOMES11/24/2020 3:07:54 PM DRAWN BY:JO DATE Scale2021 ANNUAL SIDEWALK GAPCLOSURE & CURB RAMPIMPROVEMENTS Sheet No.NOVEMBER 2020NTSCD-6 DESIGNED BY:JO DATENOVEMBER 2020 PROJECT No.CONSTRUCTION DETAILS - 6FOREST & SEVENTHSHEET 9 OF 9 REVIEWED BY:FM DATE21-PW-267NOVEMBER 2020No.DATEBYCITY APPROVALS JULIE OATES, PROJECT ENGINEERCITY OF GILROY FARANAK MAHDAVI, SENIOR CIVIL ENGINEERDEPARTMENT OF PUBLIC WORKS7351 ROSANNA STREETGILROY, CALIFORNIA 95020MAIN (408) 846-0415 | FAX (408) 846-0469 GARY HEAP, CITY ENGINEERNo.DATEBYREVISIONS7.5%Max2.0' MIN (TYP)CITY APPROVALSDEPARTMENT DATEGary Heap, City EngineerFaranak Mahdavi, Senior Civil EngineerJulie Oates, Project EngineerJulie Oates, Project Engineer7.A.aPacket Pg. 69Attachment: 21-PW-267 FY21 CDBG FINAL PLANS (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00500-31 SECTION 00500 AGREEMENT 2021 ANNUAL SIDEWALK GAP CLOSURE & CURB RAMP IMPROVEMENTS, PROJECT NO. 21-PW-267 THIS AGREEMENT, made this day of , 2021, by and between the City of Gilroy, hereinafter called the “City,” and hereinafter called the “Contractor.” W I T N E S S E T H: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the 2021 ANNUAL SIDEWALK GAP CLOSURE & CURB RAMP IMPROVEMENTS, PROJECT NO. 21-PW-267, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance 1st February ASG Builders 7.A.b Packet Pg. 70 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00500-32 of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3. ________________________________ ________________________________ City’s Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond 7.A.b Packet Pg. 71 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00500-33 General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions 7.A.b Packet Pg. 72 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00500-34 concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this day of , . Name of Contractor Signature of City City Administrator Signature of Contractor Title of Signator _____________________ Title of Signator Approved as to form by City Attorney ATTEST: ATTEST: Signature Signature Title of Signator Title of Signator ***END OF SECTION*** 7.A.b Packet Pg. 73 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 74Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 75Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 76Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 77Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 78Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 79Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 7.A.bPacket Pg. 80Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00630-39 SECTION 00630 CERTIFICATE OF INSURANCE Return Completed Certificate to City of Gilroy (Agency) This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time. Insured Address Description of operations/locations/products insured (show contract name and/or number, if any): POLICIES AND INSURERS Bodily LIMITS Property Injury Damage POLICY NUMBER EXPIRATION DATE Workers’ Compensation (Name of Insurer) (Best’s Rating) Employers Liability $ Check policy type: COMPREHENSIVE GENERAL LIABILITY , or COMMERCIAL GENERAL LIABILITY . (Name of Insurer) (Best’s Rating) “Claims Made” Occurrence Each Each Occurrence Occurrence $ $__________ Aggregate Aggregate $ $ or Combined Single Limit $ Aggregate $ BUSINESS AUTO POLICY Liability Coverage Symbol Each Person Each Accident $ $ $ Each Accident $ or, Combined Single Limit $ UMBRELLA LIABILITY (Name of Insurer) (Best’s Rating) “Claims Made” Occurrence Occurrence/Aggregate $ Self-Insured Retention $ 7.A.b Packet Pg. 81 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00630-40 The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations The undersigned will mail to the Agency 30 days written notice of cancellation or reduction of coverage or limits Cross Liability Clause (or equivalent wording) Personal Injury, Perils A, B and C Broad Form Property Damage X, C, U& Hazards included Contractual Liability Coverage applying to this Contract Liquor Liability Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies as primary and not excess or contributing to any insurance issued in the name of the Agency Waiver of subrogation from Workers’ Compensation Insurer This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Agency or Brokerage Insurance Company Address Home Office Name of Person to be Contacted Authorized Signature Date Telephone No. Note: Authorized signatures may be the agent’s if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. 7.A.b Packet Pg. 82 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00630-41 GENERAL LIABILITY ENDORSEMENT City of Gilroy (“the Agency”) 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement No. 1. Insurance Company Policy No. 2. Policy Term (from) (to) 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Incident/Aggregate $ 6. Deductible or Self-Insured Retention: (Nil unless otherwise specified): $ 7. Coverage is equivalent: Comprehensive General Liability form GL0002 (Ed 1/73) Comprehensive General Liability “occurrence” form CG0001 Comprehensive General Liability “claims-made” form CG0002 ................................................... 8. Bodily Injury and Property Damage Coverage is: “claims-made” - “occurrence” if claims-made, the retroactive date is . NOTE: The Agency’s standard insurance requirements specify “occurrence” coverage. “Claims -made” coverage requires special approval. B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as: 7.A.b Packet Pg. 83 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00630-42 (1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement: or (2) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001 or “claims-made” form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability. 4. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers. 5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior wri tten notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: (Title) (Department) (Company) (Address) (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ORGANIZATION TITLE ADDRESS TELEPHONE 7.A.b Packet Pg. 84 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00630-43 WORKER’S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT The City of Gilroy (“the Agency”) 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement # 1. Insurance Company (“the Company”) Policy Number 2. Effective Date of This Endorsement 3. Named Insured 4. Employer’s Liability Limit (Coverage B) B. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ORGANIZATION TITLE ADDRESS TELEPHONE ***END OF SECTION*** 7.A.b Packet Pg. 85 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00650-44 SECTION 00650 WORKERS’ COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Signature Name of Contractor Title Date ***END OF SECTION*** 7.A.b Packet Pg. 86 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/14/2021 James E. McGovern, Inc. 1625 El Camino Real Belmont, CA 94002 650-593-8216 x103 650-594-9130 www.jemins.com Kinsale Insurance Company A- IX 38920 State Compensation Insurance Fund 35076 Evanston Insurance Company 35378 AmGUARD Insurance Company 42390 A 1,000,000.0100108509-0 2/25/2020 2/25/2021 100,000. 3 5,000. 3 1,000,000. 2,000,000. 2,000,000. D ASAU118462 4/14/2020 4/14/2021 $1,000,000. 3 3 3 C EZXS3025319 5/4/2020 2/28/2021 2,000,000.3 2,000,000.** Follow Form Over3 GL, AU & WC ** B 927-2546-20 3/7/2020 3/7/2021 3 1,000,000. 1,000,000. 1,000,000. Steve Suissa MaryAnn Worman maryann@jemins.com 3 A S G Builders 318 Spear Street, 6L San Francisco CA 94105 59711936 3 3 City of Gilroy, its elected or appointed officers, officials, employees or volunteers are named as Additional Insured & Primary Non-contributory *30 day written Notice of Cancellation, except for non-payment of premium which is 10 days. City of Gilroy Public Works Department Attn: Risk Manager 7351 Rosanna Street Gilroy CA 95020 RE: Work performed @ 2021 Annual Sidewalk Gap Closure & Curb Ramp(ADA) Imp, Gilroy Proj#211-PW-267 on the General Liability. Waiver of Subrogation applies to General Liability. 59711936 | ASGBU-1 | 20/21 - GL, WC, EX, AU | MaryAnn Worman | 1/14/2021 2:02:29 PM (PST) | Page 1 of 5 7.A.b Packet Pg. 87 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) A S G Builders0100108509-0 2/25/2020 59711936 | ASGBU-1 | 20/21 - GL, WC, EX, AU | MaryAnn Worman | 1/14/2021 2:02:29 PM (PST) | Page 2 of 5 7.A.b Packet Pg. 88 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) A S G Builders 0100108509-0 2/25/2020 59711936 | ASGBU-1 | 20/21 - GL, WC, EX, AU | MaryAnn Worman | 1/14/2021 2:02:29 PM (PST) | Page 3 of 5 7.A.b Packet Pg. 89 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED—PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE     The insurance provided to Additional Insureds shall be primary and non‐contributory with respect to any other valid and  collectible insurance available to the Additional Insured, provided that the written contract specifically requires that this  insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED    CAS5003 0110 Page 1 of 1 Effective Date of EndorsementAttached To and Forming Part of Policy Named Insured A S G Builders0100108509-0 2/25/2020 59711936 | ASGBU-1 | 20/21 - GL, WC, EX, AU | MaryAnn Worman | 1/14/2021 2:02:29 PM (PST) | Page 4 of 5 7.A.b Packet Pg. 90 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV – CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED CAS4002 0110 Page 1 of 1 Effective Date of Endorsement Attached To and Forming Part of Policy Named Insured A S G Builders0100108509-0 2/25/2020 59711936 | ASGBU-1 | 20/21 - GL, WC, EX, AU | MaryAnn Worman | 1/14/2021 2:02:29 PM (PST) | Page 5 of 5 7.A.b Packet Pg. 91 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project No. 21-PW-267 SECTION 00670-45 SECTION 00670 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment noti ce to be provided by the municipality setting forth the provisions of this nondiscrimination clause. Date Licensed General Contractor Company License # ***POST IN CONSPICUOUS PLACE OF EMPLOYMENT*** ***END OF SECTION*** 7.A.b Packet Pg. 92 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-316 Project No. 21-PW-267 7.A.b Packet Pg. 93 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-317 Project No. 21-PW-267 10.0 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder ___, proposed subcontractor ___, hereby certifies that he has ___, has not ___, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has ___, has not ___, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Company) By: (Title) Date: NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. 7.A.b Packet Pg. 94 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-318 Project No. 21-PW-267 Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7.A.bPacket Pg. 95Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-319 Project No. 21-PW-267 11.0 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY Project Number and Title To: Name of Labor Union, Worker’s Representative, etc. Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with the prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION; RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date 7.A.b Packet Pg. 96 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-322 Project No. 21-PW-267 12.0 NOTICE OF SECTION 3 COMMITMENT Project Number and Title To: Name of Labor Union, Worker’s Representative, etc. Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with the prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated, to the greatest extent feasible, to give opportunities for training and employment to low- and very low-income persons residing in the service area or neighborhood in which the Section 3 covered project is located, and to award contracts to business concerns that provide economic opportunities for Section 3 residents. Regarding employment opportunities for this project, the minimum number and job titles are: The anticipated date the work will begin is . This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Name of Contractor Address Signature and Title Date 7.A.b Packet Pg. 97 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements APPENDIX B-326 Project No. 21-PW-267 7.A.b Packet Pg. 98 Attachment: 21-PW-267 ASG Agreement (3132 : Award Contract 2021 Annual Sidewalk Gap Closure & Curb Ramp Improvements Project) City of Gilroy STAFF REPORT Agenda Item Title: Award of a Contract to Rosenbauer America in the Amount Not to Exceed $699,501.91 for a Type I Fire Engine and Adoption of a Resolution of the City Council of the City of Gilroy to Enter into a Lease-Purchase Agreement with Leasing 2, Inc. to Finance the Type I Fire Engine Purchase for Five Years at the Interest Rate of 1.9% for a Financing Cost Not to Exceed $40,451.09 Meeting Date: February 1, 2021 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: LeeAnn McPhillips Jim Wyatt Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Award contract not to exceed $699,501.91 (Base price of $642,073 plus 9% sales tax) to Rosenbauer America for a Type I Fire Engine, Project No. 21-PW - 262. b) Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into a five-year lease-purchase Agreement with Leasing 2, Inc. to finance the purchase of the Type I Fire Engine in the amount of $699,501.91 purchased from Rosenbauer America for a financing cost not to exceed a rate of 1.9% or $40,451.09. 7.B Packet Pg. 99 EXECUTIVE SUMMARY Staff is recommending award of bid and the Lease to Own purchase of a Type I Rosenbauer fire engine to serve the Gilroy Fire Department and community now and into the future. This new engine will re place a front-line engine that was placed into service in 2001. POLICY DISCUSSION The National Fire Protection Association (NFPA), which is considered by the fire service industry as the standard for best practices, recommends in NFPA 1901- Standard for Automotive Fire Apparatus, Annex D (2016 version) that “…apparatus more than 15 years old that have been properly maintained and that are still in serviceable condition be placed in reserve status…”. The frontline fire engine that needs to be replaced is loc ated at the Las Animas Fire Station. This engine is now 19 years old, which puts it four years over the NFPA recommendation of 15 years for engines to be placed into reserve status. The Las Animas Fire Station is the busiest fire station in Gilroy and the crews at this station respond to the majority of the fire related 911 calls in Gilroy. More recently, due to the age of the engine, and the high call volume of the station, this fire engine is frequently placed out of service for repairs and needs to be replaced. BACKGROUND Through a collaboration of staff from the Fire Department, Public Works Department, and Fleet Division, specifications for a Type I engine that would meet the needs of the department was developed and put out to formal bid (Bid No. 21 -PW -262) on September 29, 2020 with a deadline of November 4, 2020. The bid was advertised on the city’s website and in the San Jose Mercury News. The formal bid process resulted in only one bid from vendor, Rosenbauer America. Staff believes the high deman d for fire apparatus at this time, the Covid-19 pandemic, and the specifications included in the bid process resulted in one bid versus multiple bids. Staff has carefully evaluated the bid received and believes the bid will meet the long - term needs of the Gilroy Fire Department. Since Rosenbauer America was the only vendor who responded to the formal bid process, and because the bid met all of the City’s proposal requirements and apparatus specifications, staff is recommending moving forward with this purchase. Staff evaluated one alternative option, a tag-on bid via the City of San Jose bid process, however, the price for a comparable Type I fire engine was about $100,000 more in cost. 7.B Packet Pg. 100 Upon award of contract and issuance of a purchase order, the build time for the Rosenbauer Type I Fire Engine is 390-435 calendar days. Due to current demand, the build time is slightly longer than the typical one-year time period. FISCAL ANALYSIS/FUNDING SOURCE The bid from Rosenbauer America is $642,073. Sales tax at 9% amounts to $57,428.91. Total cost for the new Type I fire engine including tax is $699,501.91. Historically, Gilroy has accumulated funds and then fully paid for fire apparatus at the time of purchase when total funding was available. While there are funds available in the Fleet fund that can be appropriated to make this purchase, staff is recommending an alternative purchasing option, Lease to Own. Given the current fiscal challenges facing the City due to reduced revenues, staff investigated the Lease to Own method of purchasing and believes it is in the best interest of the City for this type of large purchase. The Lease to Own purchasing process is a common best practice used by many public agencies for large equipment purchases that will be used over a long period of time. Although Gilroy has not used the Lease to Own purchasing method for a large vehicle purchase, the City has used it for the large copy/scan/fax machines used throughout city facilities. To assist with the city’s cash flow, and given the very low interest rates available at this time, the Lease to Own purchasing method is attractive and avoids a large upfront payment. In addition, in the very near future the city will need to make some additional large fire department purchases given the age of our front-line fire fleet:  Type I Fire Engine (FY 22 or FY 23 funding/purchase date)  Type III Fire Engine (FY 22 or FY 23 funding/purchase date)  Type I Fire Engine (FY 24 or FY 25 funding/purchase date) If interest rates remain low, using the Lease to Own purchasing method for this current purchase, as well as the above near future purchases, will allow the City to manage the cash flow needed to make these large purchases and spread the cost over several years versus paying up front. The City expects to replace several high-cost assets in the next few years and the ability to spread the total costs over a period of time will allow the City to make purchases quicker with less impact to the fleet fund and operating budget. Other factors in favor of Lease to Own are:  No large upfront cash needed  100% financing available or option to factor in a down payment  Low interest rates available to municipalities 7.B Packet Pg. 101  Save dollars in the long term by making purchases at today’s cost versus the cost years out when the cash becomes available  Less time spent servicing old equipment  Able to budget for known payments spread out over a term identified by the agency  Preserve current resources for other competing demands in tough economic times  Able to plan for shift of equipment to reserve status by lining up future Lease to Own purchases Lease to Own for fire apparatus can be tailored to meet the needs of the agency. Typically, the lease to own period ranges from five to fifteen years with payments being made monthly, quarterly, or annually. Staff recommends a five to ten-year term as the best practice is to fully own the engine before shifting the apparatus to reserve status. Staff communicated with four Lease to Own financing companies to learn more about the process and to evaluate interest rates. Only three companies provided formal quotes as one company only finances certain apparatus models offered through select vendors.  Community Leasing Partners (interest rates 2.42% - $2.69%)  Leasing 2, Inc. (interest rates 1.9% - 2.22%)  Pinnacle Public Finance (interest rates 2.22% - 2.47%)  REV Financial Services (did not submit a formal quote as financing only available through select vendors that did not include Rosenbauer America) For the most part, the services offered by each f inancing company are very similar and the focus becomes shopping for the most competitive interest rate. Based on the quotes provided, specialization in the Fire and EMS markets, competitive interest rates, and over twenty years of experience assisting org anizations with Lease to Own purchases, Leasing 2, Inc. is the recommended financing vendor . Given the additional apparatus needs identified for the immediate near future, staff is recommending the City finance with Leasing 2, Inc. for a five-year term at an interest rate of 1.9% for the purchase of the Rosenbauer America Type I fire engine. The cost to finance the engine over the five-year period is $40,451.09 with annual payments of $147,990.60. This term allows the City to spread the cost over five years at a relatively low cost and frees up cash flow for other needed apparatus purchases over the next few years. The City can budget for the annual payments for the term identified which allows the City to get needed apparatus purchased and in-service sooner rather than later. This is not unlike the average person who finances the purchase of a new personal vehicle over three to six years for the best available interest rate versus waiting until they can save up the funds to purchase the vehicle outright. 7.B Packet Pg. 102 Additionally, the lease purchase option establishes “taxpayer equity”. Taxpayer equity provides a more equitable method to pay for large expense items, like a fire engine, over time so that past taxpayers are not bearing the full cost and near future taxpay ers pay their share. Stated a different way, it may not be equitable for today’s taxpayers to pay the full amount of a $700,000 fire engine while the future taxpayers who receive benefit of the new engine don’t share in the expense. Moving forward with Leasing 2, Inc. requires the City to enter into a Lease-Purchase and Escrow Agreement. Following Council approval of the Lease to Own Purchase, staff will finalize these documents consistent with the terms noted above. Therefore, staff is recommending that the City Council authorize the City Administrator to review and execute the final documents. The City Attorney will also review and approve the documents to form. In preparing the FY 22 and FY 23 budget, staff will incorporate the annual required payments using a combination of Fleet fund balance and new annual appropriation to achieve the taxpayer equity noted above. The first annual lease payment will be made in FY 22 and the last payment in FY 26. ALTERNATIVES As noted above, staff evaluated one alternative option, a tag-on bid with City of San Jose, however the price was approximately $100,000 more than the Rosenbauer America bid. Delaying the purchase and rebidding is not a good alternative as the Rosenbauer Type I meets the City’s needs and requirement and pricing will likely be higher in future bid processes. With respect to the Lease-Purchase process, the alternative to the recommended five- year financing is to appropriate the full cost of $699,501.91 to the FY 21 budget and pay for the Type I fire engine in full. This alternative is not recommended for the cash flow and near-term additional apparatus purchases needed as documented in this report. Furthermore, alternatives to the five-year financing period are seven- or ten-year financing periods; however, due to the additional near-term purchases a shorter-term for this Type I fire engine purchase is recommended. RECOMMENDATION Staff recommends to Council: 1. Award contract to Rosenbauer America for a Type I Fire Engine for a price not to exceed $699,501.91 (Base price of $642,073 plus 9% sales tax). 2. Adopt a resolution Authorizing the City Administrator to enter into a five -year Lease- Purchase Agreement with Leasing 2, Inc. to finance the purchase of the Type I Fire Engine in the amount of $699,501.91 purchased from Rosenbauer America for a financing cost not to exceed 1.9% or $40,451.09. 7.B Packet Pg. 103 NEXT STEPS With Council’s approval, staff will move forward to finalize the purchase with Rosenbauer America right away. In addition, staff will work with Leasing 2, Inc. to finalize the Lease-Purchase and Escrow Agreement documents to fund the purchase of the Type I Fire Engine and will include the required annual payments in the FY 22 and FY 23 operating budget which is currently under development. Attachments: 1. COG Resolution for Lease-Purchase Agreement with Leasing 2, Inc. Final 7.B Packet Pg. 104 RESOLUTION NO. 2021-XX RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY ADMINISTRATOR TO FINALIZE AND EXECUTE THE LEASE-PURCHASE AGREEMENT WITH LEASING 2, INC. FOR A TYPE I FIRE ENGINE IN AN AMOUNT NOT TO EXCEED $699,501.91 PURCHASED FROM ROSENBAUER AMERICA WHEREAS, the City Council of the City of Gilroy has determined that a true and very real need exists for the acquisition of a Type I Fire Engine to be used solely for essential governmental functions and not for private business use; and WHEREAS, the City of Gilroy has taken the necessary steps, including, without limitation to compliance with legal bidding requirements, under applicable law to arrange for the acquisition of a Type I Fire Engine; and WHEREAS, the City of Gilroy wishes to finance the purchase of a new Type I Fire Engine; and WHEREAS, the City of Gilroy will purchase one Type I Fire Engine from Rosenbauer America in an amount not to exceed $699,501.91; and WHEREAS, Leasing 2, Inc. offers the ability finance the fire engine purchase for five years at the interest rate of 1.9%; and WHEREAS, the City of Gilroy will enter into a Lease-Purchase Agreement with Leasing 2, Inc. in an amount not to exceed $699,501,91. NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as follows: 1. The terms of said Lease-Purchase Agreement and Escrow Agreement are in the best interest of the City of Gilroy for the acquisition of a Type I Fire Engine. 2. The City Council designates Jimmy Forbis, City Administrator, as the person to finalize, execute, and deliver the Lease-Purchase Agreement and Escrow Agreement and any related documents necessary to the consummation of the transactions contemplated by the Lease-Purchase Agreement and Escrow Agreement. PASSED AND ADOPTED this 1st day of February, 2021 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ____________________________ Marie Blankley, Mayor ATTEST: _________________________ 7.B.a Packet Pg. 105 Attachment: COG Resolution for Lease-Purchase Agreement with Leasing 2, Inc. Final (3164 : Purchase of Type I Fire Engine and Approval of RESOLUTION NO. 2021-XX Shawna Freels, City Clerk 7.B.a Packet Pg. 106 Attachment: COG Resolution for Lease-Purchase Agreement with Leasing 2, Inc. Final (3164 : Purchase of Type I Fire Engine and Approval of City of Gilroy STAFF REPORT Agenda Item Title: Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic Meeting Date: February 1, 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 9.A Packet Pg. 107 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.A Packet Pg. 108 City of Gilroy STAFF REPORT Agenda Item Title: Continued Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2020 Meeting Date: February 1, 2021 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability  Public Engagement RECOMMENDATION Appoint members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2020. BACKGROUND Eleven (11) of the City’s Boards, Commissions, and Committees had seats vacant as of December 31, 2020. The City held a recruitment period for eight (8) weeks and filled the majority of these vacancies on January 4, 2021. The recruitment efforts were continued until January 26, 2021 for those bodies without sufficient applicants: Arts and Culture Commission, Building Board of Appeals, Library Commission and the Physically Challenged Board of Appeals. 9.B Packet Pg. 109 Additionally, the Housing and Neighborhood Revitalization Committee now has two additional vacancies. A sufficient number of applications remain from the January interview session to allow Council to fill these two seats. The following applications been submitted for Council consideration: Board/Commission # of remaining seats open # of applications Arts & Culture Commission 1) Melanie Reynisson * 1 seat 1 Building Board of Appeals 1) Christopher Demers 2) Ismail Saleem 3) Joseph Wortham 2 seats 3 Housing & Neighborhood Revitalization Committee 1) Daniel Chole 2) Joanne Fierro 3) Makhan Gupta 4) Janel Valenzuela 2 seats 4 Library Commission 1) Linda Chen 2) Victoria Coverson 3) Patricia Reinhart 1 seat 3 Physically Challenged Board of Appeals 1) Mary Drummond 1 seat 1 RECOMMENDATION Staff recommends the Council interview these candidates and make appointments to fill these remaining vacancies. Attachments: 1. Gilroy BCC Applications 9.B Packet Pg. 110 Board/Commission # of remaining seats open # of applications Arts & Culture Commission 1) Melanie Reynisson * 1 seat 1 Building Board of Appeals 1) Christopher Demers 2) Ismail Saleem 3) Joseph Wortham 2 seats 3 Housing & Neighborhood Revitalization Committee 1) Daniel Chole 2) Joanne Fierro 3) Makhan Gupta 4) Janel Valenzuela 2 seats 4 Library Commission 1) Linda Chen 2) Victoria Coverson 3) Patricia Reinhart 1 seat 3 Physically Challenged Board of Appeals 1) Mary Drummond 1 seat 1 9.B.a Packet Pg. 111 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Arts & Culture Commission Name: Melanie Reynisson Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I have served on the Commission along with the Public Art Committee for the past 4 years and would like to continue working on enhancing our community through arts and culture. I have a passion for the arts and also being born and raised in Gilroy I want to continue to put my efforts into developing it. List any service to the community including any prior appointments: Pulic Art Committee Arts and Culture Commission What are your goals while serving on this Board/Commission/Committee?: To create and develop projects that enhance or city through public art, art and culture related projects and community engagement. Why are you the most qualified to serve on this Board/Commission/Committee? I was born and raised in Gilroy. I have attended Gilroy public schools and also attended the Academy of Art University in San Francisco. I have a passion for the arts and for my community and want to be a part of further development and incorporating the arts while doing so. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 1/5/2021 12:31:25 PM 9.B.a Packet Pg. 112 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Building Board of Appeals Name: Christopher Demers Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: -Trained as lawyer and familiar with administrative law. -Have led sustainability at two large corporations, which includes planning, site preparations and capital expenses, across operations and sites. -Former senior civil servant in federal government List any service to the community including any prior appointments: -Served on Human Services Commission, City of San Jose. -Volunteer with Grid Alternatives, installing solar on low-income homes. -Volunteer Advisor for Manufacture-San Jose, offering member businesses advice on energy savings, water use and waste reduct What are your goals while serving on this Board/Commission/Committee?: -Ensuring correct, lawful decisions are made about buildings and construction across the city. -Ensuring smart-growth across the city that generates commerce while protecting the environment and social fabric. -Helping direct more investment to Gilroy, Why are you the most qualified to serve on this Board/Commission/Committee? Dear Reviewers, I am dedicated to the successful planning of my community, I want to see smart growth, and believe in the fair administration of building and construction applications. My qualifications include a helpful combination of skills: understanding sustainable planning from a building and site perspective (from leading sustainability at two large corporations), understanding administrative review and approval process from my training as a lawyer, and understanding sustainable development across communities (from my international development career with USAID). The additional skills I hope to use are: multi-year project/budget management, managing risk, and regulatory compliance. Thank you for considering my application, Chris Demers *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 1/12/2021 1:16:27 PM 9.B.a Packet Pg. 113 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Building Board of Appeals Name: Ismail Saleem Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: Through current and previous roles one of my primary responsibilities was to manage multiple budgets. While also working closely with multiple people throughout a local and national level to achieve our ultimate goal. One of my strengths is being innovative with thinking on how to maximize the return on investment. List any service to the community including any prior appointments: My family and I are new to Gilroy but I am eager to get involved with the community. What are your goals while serving on this Board/Commission/Committee?: I would like to bring an outside perspective to the committee as someone who has lived in multiple major cities across the West Coast. More importantly I would like to be more involved in the city that my family and I call home. Why are you the most qualified to serve on this Board/Commission/Committee? Before working in the tech industry where I am at now. I have gained a wealth of knowledge working for other companies and industries that have helped me to be come more open minded to ideas and ways to be more effective business person.I'm at my best working with others and helping drive success across all avenues. I pride myself on being honest and genuine at all times while also providing an unbiased opinion to any situation. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 12/6/2020 8:50:20 PM 9.B.a Packet Pg. 114 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Building Board of Appeals Name: Joseph Wortham Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I believe I am qualified for this position for many reasons. First being my desire and goal to direct time, energy and focus to the City of Gilroy and it’s citizens as a board member. Secondly, I am also a citizen of Gilroy with general experience in the building and permit process. Third, I am a firefighter with the City of Mountain View which I believe is a testament to my commitment to community and helping people solve problems. I am a believer in fair government and fair processes to establish solutions. Lastly, I am a California licensed professional realtor. I believe this qualifies me by my general knowledge of property types. I understand general construction and demolition practices, and have an overall understanding of how property changes and improvements follow guidelines for safety and efficiency. List any service to the community including any prior appointments: I was once a volunteer firefighter for the city of Gilroy back in 2009. It was very short duration because of budget cuts however, that helped me in my journey to become a career firefighter. I was also a volunteer kids soccer coach for parks and recreation in 2014. I have never held any city appointments. I hold no recent specific service to the community although, I carry myself appropriately in public and I try to lead by example. What are your goals while serving on this Board/Commission/Committee?: As a goal I would like to provide an interpretation of policy and also deliver an honest review of information that I am tasked with hearing. I would like to share and provide progressive and forward thinking ideas for the future of the City of Gilroy. Why are you the most qualified to serve on this Board/Commission/Committee? I believe I am the most qualified candidate for this position because I have a true desire to serve the community. I will show dedication and perform the duties entrusted to me. I believe I am a good communicator with an ability to reason with others in a committee setting. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 1/25/2021 11:13:47 PM 9.B.a Packet Pg. 115 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Housing & Neighborhood Revitalization Committee Name: Daniel Chole Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: BA of Sociology MA Sport Management Member of California Association of Realtors Member of National Association of Realtors Realtor List any service to the community including any prior appointments: Board Member of School Site Council at Gilroy Prep School What are your goals while serving on this Board/Commission/Committee?: My goal is to keep Gilroy on an upward trajectory. We have an amazing community made from people of various backgrounds. I would love to play a part in continuing to make this a community that is fun, safe, and thriving for years to come Why are you the most qualified to serve on this Board/Commission/Committee? I have a passion for helping people. I chose this community to live and raise my family and want my kids and other future generations to have pride in where they are from. I am eager to learn and work collectively with the team to be successful. Because of my knowledge of the real estate market I am tapped in to what people want and need in their community. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 12/3/2020 7:10:09 AM 9.B.a Packet Pg. 116 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Housing & Neighborhood Revitalization Committee Name: Joanne Fierro Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I have lived in Gilroy for 25 years and I'm very familiar with the city. I have a college degree and I am a very good communicator. List any service to the community including any prior appointments: Museum Volunteer, Citizen Advisor on GPAC What are your goals while serving on this Board/Commission/Committee?: I would like to assist in communicating with the city government and the city's residents. Why are you the most qualified to serve on this Board/Commission/Committee? I am retired and will attend all scheduled meetings. I am involved and will be able to make sound recommendations to the committee. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 11/16/2020 10:00:24 AM 9.B.a Packet Pg. 117 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Housing & Neighborhood Revitalization Committee Name: Makhan Gupta Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I came in this county from India in 1974 and have lived in Indianaplois In for over 20 years and moved to Gilroy in 2002. I had worked in the USA for almost 35 years in many states in private industries. Work experence includes working with many unions and various cultures. Now i am retired and have one goal in mine to serve the people and the socity which has helped me to achieve the american dream. I have managened and supervised people and budgets. Gilroy is the city i love becouse the various cultures live togeather with love and harmoney. I would like to contribute to the botom line to make furure even better. Thansk List any service to the community including any prior appointments: none What are your goals while serving on this Board/Commission/Committee?: Support the city Government to meet their goal by serving the people of Gilroy. To keep the city safe and helf the childern from every fanmily for better education. Why are you the most qualified to serve on this Board/Commission/Committee? I am retired and have all the time needed to serve. No self interst just to serve the city of Gilroy. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 12/6/2020 5:22:11 PM 9.B.a Packet Pg. 118 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Housing & Neighborhood Revitalization Committee Name: Janel Valenzuela Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: 3 years at the CA DMV, working with governmental paperwork and accuracy, being a recipient of several governmental housing programs List any service to the community including any prior appointments: Recipient of housing authority and contributing to the programs in Santa Clara county mainly in Morgan Hill and Gilroy What are your goals while serving on this Board/Commission/Committee?: To better service the low income community and help provide affordable housing to the below average income residents Why are you the most qualified to serve on this Board/Commission/Committee? Prior experience in real estate in apartment management *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 12/4/2020 1:56:40 PM 9.B.a Packet Pg. 119 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Library Commission Name: Linda Chen Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: Communication - Served as Berryessa School Board president. Management - Managed a Chinese School. Organization - I have a background in accounting which requires a high level of organization. Planning skills - Coordinated many successful community programs. Dedicated - Consistently delivered successful community events for over 20 years. Problem solving - Many experiences of events not going as planned, but still being successfully covered with my problem solving skills. Motivating - Continuously galvanizing young volunteers to serve the community. List any service to the community including any prior appointments: 2008 - 2017 San Jose City Library, Berryessa Branch Holiday Seasons in Berryessa and Lunar New Year in Berryessa event founder 1998 - 2017 Toyon Elementary School Lunar New Year annual assembly program founder and Mandarin program coordinator 2016 6th Annual Senate Bob Wieckowski Asian Pacific American Heritage Award recipient 2013 - 2015 Multi-Cultural event founder -Pacific Collegiate School Moon Festival -Berryessa Library Chinese Culture Contest -HIgh School Karaoke Contest -Santa Cruz County Office of Education Confucius Day Celebration -Berryessa International Music Festival -Homestead High School Moon Festival -Monta Vista High School Moon Festival -Silver Creek High School Mandarin Program 2006 - 2014 Berryessa School Board Member 2006 - 2014 Treasury of Asian Pacific Islander School Board Member Association 2014 Asian American Cultural Week event founder for -Yerba Buena High School -Silver Creek High School -Sierramont Middle School -Berryessa Library 2012 2nd Annual San Jose City District 4 Community Heros Award recipient 2006 Volunteer of the Year, Berryessa Library What are your goals while serving on this Board/Commission/Committee?: If given the opportunity to serve on the Library Commission, I will work to bring our community together through the creation of programs aimed at serving our youth and elderly and events that are accessible to everyone no matter their economic or social backgrounds. I will also work to give the library a bigger voice and bring us, our schools, and city council closer together through building partnerships. 1/15/2021 8:14:18 PM 9.B.a Packet Pg. 120 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) In my previous community, I was able to coordinate multiple annual holiday events and a number of other programs such as our senior karaoke program, storytelling by high school students, and multi-cultural events. I look forward to bringing my expertise and experience to this community that I have been able to call my home for the past three years. Why are you the most qualified to serve on this Board/Commission/Committee? I have been employed as a high school teacher for the past 11 years and am still currently teaching at Branham High School. Prior to my tenure as a high school teacher, I worked as a substitute teacher for 5 years. During my time as a substitute and high school teacher, I also managed a community Chinese school as a principal and board member for more than 10 years; I am currently still volunteering as a board member and accountant at North Valley Chinese School and it has been a meaningful position. In addition to being a teacher and volunteer, I served as a board member for the Berryessa Union School District from 2006 to 2014 and was lucky enough to be elected as the president of the board from 2012 to 2014. I believe that my resume makes me a very qualified candidate for this commission. As a member of the Berryessa community, I was also fortunate enough to be able to work with the local families and volunteers to create the annual holiday events and community programs that brought in high school clubs, elementary and middle school performers, artists, musicians, and hundreds of families from our community. With my skills and experiences from teaching students of all ages, establishing a number of successful community programs, managing our local Chinese school for over a decade, and serving as a board member to set policies and give guidance, I believe that I am the perfect fit for the position. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 121 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Library Commission Name: Victoria Coverson Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: Literacy Program Specialist-coordinate programs & services provided by library for ESL Adult Learners, children and teens. Identify community needs and collaborate with community partners; while identifying effective policies and procedures to create and deliver meaningful programming to diverse community needs. Digital Inclusion Family Learning Center Coordinator- assist libraries in leading the way in providing a wide range of technologies and digital programming to underserved and hard-to-reach patrons. This includes digital literacy grants; laptop check out and hotspot stations. List any service to the community including any prior appointments: Mocha Moms Inc., Gilroy Chapter: Board President; Treasurer Volunteer: Gilroy Garlic Festival- CHS Track Team; CHS Parent Club and Gilroy Gators Gavilan Community College- Early Childhood Instructor Gilroy Prep School Founding Parent Club Member and Secretary What are your goals while serving on this Board/Commission/Committee?: While serving as a Library Commissioner, I promise to represent and serve the voice of the Gilroy Community by using my educational background and experience in the area of child development, equity and inclusion, community outreach and K-14 education to offer guidance and advice on library matters. I will also work in partnership and collaboration with my fellow commissioners to fulfill my obligation oath. In addition, as a voluntary citizen, one overarching goal is to protect and promote the mission of the Gilroy Library by representing the public interest to the best of my ability. With vision, creativity, patience and understanding, my goal is to help others appreciate one of the most important and vital civic institutions in our community. Why are you the most qualified to serve on this Board/Commission/Committee? I am most qualified to serve on this Commission because I am a 28 year resident of the City of Gilroy, both of my children were born and raised in Gilroy and attended schools within the GUSD. I raised them in the library! Our love for books and free programming has been a staple in our family culture. As an educator and Equity Champion, I want to use my gifts and talents to serve the Gilroy families by raising awareness to the power of our Gilroy Library as a community hub; connecting people of all ages and backgrounds to a world of information & resources. I now have the time, passion and insight to help move our library forward. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 1/25/2021 7:49:33 PM 9.B.a Packet Pg. 122 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Library Commission Name: Patricia Reinhart Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: I worked for many years as an elementary school teacher and principal, so have had a good deal of experience using and teaching about libraries. I currently teach ESL in the Gavilan College continuing Ed program, and have had students who took ESL classes at the library. Since moving to Gilroy five years ago, I have used the Library extensively---computers, books, lectures, craft classes, Maker Faire. I have been impressed with the quality and variety of service the Library offers, and would like to contribute to it. (My mother was a librarian for many years in the San Francisco Public Library.) List any service to the community including any prior appointments: I served for two years on the General Plan Advisory Committee. I am a member of the Historical Society, participate in its monthly Historical Walks (even led one!), and belong to the committee which gives annual awards to outstanding historical houses. What are your goals while serving on this Board/Commission/Committee?: First and foremost, to see the Library re-open as quickly and safely as possible! Since I work mainly with the Hispanic community, I have been impressed with the Library's offerings to them, but would like to see them take greater advantage of these. Why are you the most qualified to serve on this Board/Commission/Committee? I don't know that I am; that depends upon who else applies! However, I am very grateful for the services I have received from the Library and would like to contribute in any way I can to continuing and even increasing its service to Gilroy. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 1/17/2021 11:11:12 AM 9.B.a Packet Pg. 123 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy Application for Board, Committee and Commission Appointment Board/Committee/Commission of Interest: Physically Challenged Board of Appeals Name: Mary Drummond Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: List your qualifications for this appointment: **I'm a long-time community member (39 years) who cares for medically fragile and physically challenged infants and young children for Santa Clara County DFCS. **I have experience dealing with the needs of people with vision/hearing and other physical and mental disabilities including: CVI (Cortical Visual Impairment), Blindness, Cerebral Palsy, DHOH (Deaf/Hard of Hearing), broken bones, non-accidental burns, Shaken Baby Syndrome and various other brain injuries. **I personally had knee replacement surgery in 2019 and continue to benefit from ADA requirements. **I am very familiar with the City of Gilroy and the needs of physically challenged individuals within the city. **Our family added on to our home in Gilroy and we worked with the building department during that process. List any service to the community including any prior appointments: VISTA - (Volunteers in Service to America formerly Domestic Peace Corp) for The Reading Program, Santa Clara County. KAFPA - Vice-President of the Kinship Adoptive Foster Parent Association for Santa Clara County Foster Parent - Santa Clara County Department of Family & Children's Services Maple Mosely Award-KAFPA “Many years of outstanding commitment & advocacy for foster children throughout Santa Clara County” May 2015 Santa Clara County-“Recognition for relentless compassion and dedication...for our County’s children.” May 2015 San Andreas Regional Center- Award Recognition “Outstanding Service and Support of the Year 2007” State of California - Award Recognition 2007 “Outstanding Service and Support of the Year 2007” What are your goals while serving on this Board/Commission/Committee?: **To offer a fair hearing of facts to help determine if the resident/business' appeal is valid and to authorize appropriate action. **To make sure all aspects of the ADA are followed and encouraged in Gilroy **To bring ideas to the table and am known for helping both sides come to agreement. Why are you the most qualified to serve on this Board/Commission/Committee? I apologize for submitting this application past deadline. I put in a call to The City of Gilroy with questions regarding this committee and I just heard back this morning 1/27/21 from Hipolito Olmos who answered all of my questions and was a pleasure to speak with. I believe I am the most qualified to serve on this commission because I have a personal understanding of the needs of the physically challenged in the community and a desire to serve. *All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk 1/27/2021 11:10:37 AM 9.B.a Packet Pg. 124 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 125 Attachment: Gilroy BCC Applications (3158 : Continued Annual Appointments to City Boards, Commissions and Committees) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of Gilroy Little League Ball Park Fund Donation in the Amount of $200,000 Meeting Date: February 1, 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 Accept a donation from the Gilroy Little League Ball Park Fund in the amount of $200,000 for the purposes outlined in the donation agreement and a uthorize the City Administrator to execute agreement. BACKGROUND The City was approached by representatives of the Gilroy Little League Ballpark Fund (GLLBPF) to donate to the City funds for capital improvements related to sports fields located within the City. Funds amounting to $200,000 were accumulated through numerous fundraising activities of the GGLBF thr oughout the years. Should Council accept the donation, the GLLBPF will cease to exist as an independent entity. ANALYSIS 9.C Packet Pg. 126 The donated funds will be required to be held in a separate City account and can only be used for the purpose of building new facilities or improving or enhancing existing facilities which will directly benefit youth baseball, youth softball and/or the Gilroy Little League. Use of any donated funds must be approved by the Gilroy Little L eague Board of Directors and the City. ALTERN ATIVES Council could decide to not accept the donation. This is not recommended. FISCAL IMPACT/FUNDING SOURCE There will be minor costs associated with staff time to account for the donated funds. Those costs can be absorbed in the current budget. Attachments: 1. Donation Agreement for Little League Ball Park Fund 2021 9.C Packet Pg. 127 1 4821-9777-6337v4 ALF\04706083 Donation Agreement This Donation Agreement (“Agreement”) entered into as of this ______day of January, 2021, is intended to set forth certain understandings, undertakings, and agreements by and between the Gilroy Little League Ball Park Fund (“GLLBPF”), a 501(c)(3) not-for- profit youth sports organization as defined by the Internal Revenue Code (Fed Tax ID 51- 0256189), and the City of Gilroy, California, a charter city (“City”), concerning the donation of certain funds by GLLBPF to the City for specifie d purposes. Gilroy Little League is executing this Agreement also, only to signify its consent to the transaction contemplated herein and its lack of claim to the funds transferred. RECITALS WHEREAS, City promotes and provides recreational opportunities for residents and visitors to the City, including Little League baseball ; and WHEREAS, GLLBPF has worked raised funds and worked closely with City over the years to implement facility improvements that benefit the Little League Program within the City; and WHEREAS, GLLBPF possesses certain funds (the “Donated Funds”), in the amount of Two Hundred Thousand Dollars ($200,000) which it intends to donate to City subject to this Agreement, after which GLLBPF will be dissolved as a formal entity; and WHEREAS, City is willing to accept the Donated Funds subject to the terms of this Agreement. NOW THEREFORE, in consideration of the foregoing recitals and the covenants and conditions contained herein, the City and GLLBPF agree as follows. 1) The Donated Funds will be identified in a separate City fund account for accounting purposes but will be commingled with other City funds for investment and safe - keeping purposes. 2) The Donated Funds shall be used solely for the purpose of building new facilities or improving or enhancing existing facilities which will directly benefit youth baseball, youth softball and/or Gilroy Little League baseball within the city limits of Gilroy or within a facility under the control of City. 3) City shall not use the Donated Funds for ge neral and/or routine maintenance of youth baseball, youth softball or Gilroy Little League facilities, payment of any prior outstanding debt associated with youth baseball, youth softball or Gilroy Little League, nor for routine annual operation of Gilroy Little League. The City will not charge administrative expenses or salaries to the Donated Funds. However, if any claims or litigation ensue regarding this Agreement or City’s obligations or performance hereunder, administrative time, attorneys’ time and costs may be charged to the Donated Funds. 9.C.a Packet Pg. 128 Attachment: Donation Agreement for Little League Ball Park Fund 2021 (3162 : Gilroy Little League Ball Park Fund Donation) 2 4821-9777-6337v4 ALF\04706083 4) Any facility-related projects upon which the Donated Funds are spent must be approved by both City and the Gilroy Little League Board of Directors . 5) The term of this Agreement shall be ten years from the date first above written. At the conclusion of the term, any unspent funds shall be turned over by City to the Gilroy Little League, or, if that organization no longer exists, to a successor organization or other organization that promotes the interests of youth baseball, youth softball, or Little League baseball, chosen in City’s sole discretion. 6) If the amount of funds in the account at any time falls below the sum of $20,000, then City in its sole discretion may elect to terminate this Agreement and turn over such remaining funds to the Gilroy Little League, or, if that organization no longer exists, to a successor organization or other organization that promotes the interests of youth baseball, youth softball, or Little League baseball, chosen i n City’s sole discretion. 7) Notices shall be given as follow: a) To the City: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 Attn: City Administrator b) To GLLBPF Gilroy Little League Ballpark Fund Attention: Ed Wilson 7750 Rosanna Street Gilroy, CA 95020 c) To Gilroy Little League Gilroy Little League Attention: Al Castro, President P.O. Box 1713 Gilroy, CA 95021 8) Except as authorized in paragraph 6 above, This Agreement may be terminated or amended only by mutual written agreement of the GLLBPF and the City. 9) The City Administrator is authorized to act on behalf of the City for all purposes in connection with this Agreement. Specifically, the City Administrator has discretion to review projects for eligibility, authorize a release of Donated Funds, place specific limits on the use of Donated Funds, and to take other actions to implement this Agreement that are consistent with its purposes. However, the City Administrator may seek direction from the City regarding particular issues or proposed projects. 9.C.a Packet Pg. 129 Attachment: Donation Agreement for Little League Ball Park Fund 2021 (3162 : Gilroy Little League Ball Park Fund Donation) 3 4821-9777-6337v4 ALF\04706083 10) This Agreement has been made and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with California law. 11) This Agreement is binding upon and shall inure to the benefit of the p arties hereto and their respective representatives, heirs, predecessors, affiliated entities, transferees, assigns and successors in interest. 12) Should any paragraph, clause or provision of this Agreement be construed to be against public policy or determined by a court of competent jurisdiction to be void, invalid or unenforceable, such construction and decisions shall affect only those paragraphs, clauses or provisions so construed or interpreted, and shall in no event affect the remaining paragraphs, clauses or provisions of this Agreement, which shall remain in force. 13) This Agreement is not intended to, and will not be construed to, create any right on the part of any third party to bring an action to enforce any of its terms. 14) Each party represents that it has legal authority to enter into this Agreement and to perform its obligations hereunder. GLLBPF represents and warrants that it has the legal ability to make the donation contemplated herein, and agrees to defend, indemnify and hold harmless City from any claims or demands relating to the making or execution of this agreement or the donation of the Donated Funds. 15) This Agreement may be signed in counterparts, and all counterparts when taken together shall constitute one document. 16) Each party agrees to cooperate with the other to ensure that the terms, provisions, and purpose of this Agreement are effectively carried out at all times. To that end, each party agrees to execute any and all documents that may be reasonably necessary, helpful, or appropriate to carry out the terms, provisions, and purpose of this Agreement. 17) This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. Each party has cooperated in the drafting and preparation of this Agreement, and this Agreement shall not be construed against any party on the basis of the drafting hereof. 9.C.a Packet Pg. 130 Attachment: Donation Agreement for Little League Ball Park Fund 2021 (3162 : Gilroy Little League Ball Park Fund Donation) 4 4821-9777-6337v4 ALF\04706083 In witness whereof, the parties hereto have executed this Agreement below: Gilroy Little League Ball Park Fund: City of Gilroy : By: _________________________ By: ________________________ Christine Miranda Date Jimmy Forbis Date President, GLLBPF City Administrator Approved as to Form: By: _________________________ Ed Wilson Date Vice President, GLLBPF _______________________ Andrew L. Faber City Attorney By: _________________________ Jack McPhillips Date Attest: Treasurer, GLLBPF _______________________ Shawna Freels City Clerk CONSENT OF GILROY LITTLE LEAGUE TO AGREEMENT Gilroy Little League, a non-profit corporation, hereby acknowledges the foregoing Agreement and gives its consent to the execution and performance thereof by City and GLLBPF. Gilroy Little League acknowledges and agrees that it has no claim to the Donated Funds, and that it has no objection to this Agreement and to the donation of the funds to the City for the stated purposes. Gilroy Little League By: ________________________ Al Castro Date Title: President, Gilroy Little League 9.C.a Packet Pg. 131 Attachment: Donation Agreement for Little League Ball Park Fund 2021 (3162 : Gilroy Little League Ball Park Fund Donation) City of Gilroy STAFF REPORT Agenda Item Title: Fiscal Year 2021 Mid-Year Budget Update, Approval of Increasing Fiscal Year 2020-2021 Revenue and Appropriations by $35,648 in the Measure B Fund 216 and Acceptance of the Investment Report for the Quarter Ended September 2020 Meeting Date: February 1, 2021 From: Jimmy Forbis, City Administrator Department: Finance Department Submitted By: Cindy Murphy Prepared By: Cindy Murphy Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Receive the mid-year budget report, b) Adopt a resolution of the City Council of the City of Gilroy amendi ng the Fiscal Year 2020-2021 budget by $35,648 in the Measure B Fund 216, and appropriating proposed expenditure amendments, and c) Receive the investment report for the quarter ended September 2020. BACKGROUND Each quarter, the Finance Department prepares and presents to Council an update of the revenues and expenditures of the City’s fiscal year financial performance. The General Fund is the primary focus of this report, as it is the major funding source that bears most of the cost for essential services. It is also the funding source that is most 10.A Packet Pg. 132 responsive to the economic challenges associated with the extended shelter -in-place (SIP) due to the COVID-19 pandemic. At the May 4, May18, June 1, and July 6, 2020 City Council meetings, staff presented reports that detailed both funding shortfalls due to the COVID-19 pandemic, as well as ongoing structural deficits. As a result, Council approved the General Fund Financial Recovery Plan, which outlined a series of staff recommended adjustments to the expenditures of the City to resolve these shortfalls. As the structural deficit was already addressed in prior City Council reports, this report will focus on the revenues and expenditures for the current fiscal year (FY21) and presents activity for the period from July 1, 2020 through December 31, 2020. It is important to note that the City’s internal service funds (IT, Fleet, Facilities, Fringe Benefits, Worker’s Compensation and Liability Funds) are not provided in this report. As these funds receive their revenue from charges to the other departments and funds in the City, it would essentially be double counting revenues and expenditures if they were to be included in the calculations below. Citywide, the revenues of the City are received below an evenly distrib uted level. This is due to the lag time between when the economic transaction occurs and when the City’s revenues are actually received. This is typical in each quarterly report until the Comprehensive Annual Financial Report is provided to Council after t he completion of each fiscal year. ANALYSIS FY21 Mid-Year Revenue General Fund The amended budget for FY21 identified General Fund revenue totaling $57.0 million. On May 4, 2020 staff presented the “Current Economic Climate and Revenue Projection Updates Due to the COVID-19 Shelter-in-Place Order” staff report, which provided revised General Fund revenue estimates of $52.7 million. As of December 31, 2020, General Fund revenues of $19.0 million are trending slightly less than the projected revenues. This variance is primarily due to Sales Tax not meeting the revised budget estimate, which is explained in more detail below. A small portion of the variance is due to the timing lag in receiving Property, Sales, and Transient Occupancy Taxes, as can be seen below (Figure 1). 10.A Packet Pg. 133 Figure 1: FY21 General Fund Revenues through December 31, 2020 General Fund Revenue by Type Adopted Budget Projected Budget* (June 2020)Mid-Year Total Percentage of Projected Property Tax 15,391,240$ 15,906,855$ 4,493,772$ 28.3% Sales Tax 21,411,869 19,478,471 5,555,770 28.5% Utility Users Tax 4,643,807 4,637,447 1,736,066 37.4% Transient Occupancy Tax 1,955,955 1,320,967 363,580 27.5% Business License 713,987 571,190 371,911 65.1% Other General Fund 12,882,101 10,751,872 6,455,496 60.0% Total 56,998,959$ 52,666,802$ 18,976,594$ 36.0% * The Projected Budget amounts are the revised estimates from the June 1, 2020 Council Report.  Property Tax The City’s property tax revenues are received intermittently from Santa Clara County and thus revenues to date are not representative of six months of activity. According to the Santa Clara County Assessor’s Office, the rolls for FY21 were issued before the COVID-19 SIP occurred. As such, the revenue impacts to property taxes will not be realized until FY 22. As of the end of the reporting period, 28.3% of the projected revenue was collected, consistent with prior years’ trends.  Sales Tax The City receives its sales tax revenue approximately two months after funds are collected by the California Department of Tax and Fee Administration (CDTFA, formerly the State Board of Equalization). This collection amount rep resents only the first four months’ distribution. Based upon the most recent sales tax data prepared by our Sales Tax Consultant (MuniServices), the City’s sales tax revenue is down 21.6% for the quarter ended September 30, 2020 and is down 19.7% for the year (January 1 through September 30, 2020). When looking at the sales tax receipts from the current period, overall sales tax performance is trending below the June 2020 revenue projection of $19.5 million. Based upon the current trend, MuniServices is projecting that the total FY21 Sales Tax Revenue will total $16.4 million, a difference of $3.1 million. These results are consistent with staff assumptions of approximately 20% reductions in sales tax.  Utility Users Tax (UUT) Utility taxes are assessed against the value of energy and telecommunications, such as gas, electricity, steam, cable, and phone charges. As traditional media has changed in recent years, the tax has experienced natural erosion. These revenues typically increase gradually over the c ourse of the fiscal year. The City’s UUT revenues are trending below the projected revenue amount of $4.6 million. 10.A Packet Pg. 134  Transient Occupancy Tax (TOT) TOT revenue comes from a 9% tax on hotel room rentals under 30 days, as well as from some of the RV parks in the City. The hotels make their payment within one month after their quarter ends, therefore the amount presented above is from one quarterly payment. These revenues typically lag behind the City’s fiscal reporting periods. The TOT revenues of $363,580 are on target with the projected revenue amount of $1.3 million.  Business License As of mid-fiscal year, business license revenue has reached 65.1% of total projected revenues. The cause for this revenue level is tied to annual payments for business licenses that span across two fiscal years. Business license applicants are charged for a full year and depending upon the timing of the business license period, the business license may cross over two different City fiscal years. When this happens, revenue staff apportions the appropriate amounts to each fiscal year, depending upon where the split between fiscal years lands in their annual billing amount. This practice is in accordance with Generally Accepted Accounting Principles (GAAP). The Business License revenues of $371,911 are on target with the projected revenue amount of $571,190.  Other General Fund These revenues are comprised mostly of service charges and other, smaller revenue sources. This aggregate revenue category has received 60.0% of the projected revenues for the year. As noted in previous budget updates to the City Council, the Community Development Department revenues have been adjusted to reflect COVID impacts as well as non - COVID impacts. Due to the many unknowns COVID would have on construct ion and development activity, it was anticipated that additional updates would be necessary. When adjustments to projected permit revenue, or User Fees were presented to City Council back in May 2020, a reduction was made to account for anticipated actua l revenue and an additional 20% reduction due to COVID impacts. At that time, anticipating COVID impact would lessen by the start of FY 21, it was anticipated that FY 21 permit revenue would see a 45% increase as compared to FY20. Because COVID impacts have continued beyond what was originally anticipated, staff has again reviewed anticipated permit revenue. For the revised FY 21 budget projections staff performed a thorough analysis of anticipated revenue based on upcoming projects and timing of those projects and when it is believed projects will progress from the planning stages to the building stage. Based on this analysis, staff projected FY 21 permit activity revenue of $3.1 million. As we are now seven months into FY 21, additional review and analysis has occurred and FY 21 revenue is now forecasted to be $3.6 million. 10.A Packet Pg. 135 This increase is due to the continued robust construction activity and a handful of large projects that are currently being processed in Planning. These large projects will then generate additional building permit revenue as they move out of the planning and design stage and into the construction phase. The robust levels of construction activity have been a welcomed bright spot. Adjustments to accommodate for COVID related operati onal changes and reduced staffing levels has presented challenges in trying to keep pace with development activity, however, with the new processes and protocols now in place, development activity has continued to move forward. Because of the level of act ivity, we are continually evaluating staffing levels and adjusting to ensure it keeps pace with demands. Non-General Funds The City has nearly 100 separate, non-general funds. Instead of presenting on each fund separately, the information presented below is presented in aggregate. The table below (Figure 2) presents revenues received for FY21, as well as a discussion of each category. Figure 2: FY21 Non-General Fund Revenue through December 31, 20 20 Non-General Fund Revenue by Type Adopted Budget Mid-Year Total Percentage of Budget Water Fund 13,906,302$ 7,096,081$ 51.0% Sewer Fund 14,280,548 5,568,418 39.0% Recreation 2,710,935 749,688 27.7% Gas Taxes 3,123,176 2,881,854 92.3% Development Impact Funds 14,439,610 4,262,685 29.5% All Other Funds Revenues*9,609,644 3,410,363 35.5% Total 58,070,215$ 23,969,090$ 41.3% * Excludes bond proceeds and internal service funds.  Water Fund The City’s Water Fund revenue is performing on par with the budgeted target for this reporting period.  Sewer Fund The Sewer Fund is generating revenue slightly below the reporting period target and has received approximately 39.0% of the annual budgeted amount. Note that utility billing lags by one month, and when accruing the December payments received in January, the fund is performing only slightly less than the budgeted amount.  Recreation 10.A Packet Pg. 136 Historically, roughly 30% of the Recreation Fund is supported by user fees and other special revenue, while the other 70% is funded by a transfer f rom the City’s General Fund. Currently, the Recreation Fund has received $749,688 or 27.7% of the budgeted revenue for the fiscal year. As part of the General Fund Financial Recovery Plan presented to Council in June 2020, several reductions were made to the Recreation Division, as well as reductions to the corresponding service levels. It was also recommended that the General Fund contribution be reduced to $1.5 million. As the stay at home orders continue, most recreation programs have been focused on on-line activities.  Gas Taxes The City’s Gas Tax revenues are received from other agencies as pass-through payments. Many of them have formulas and waterfall provisions which make projecting revenues from these sources challenging. Measure B, which is a portion of the Gas Tax revenue above, is actually a sales tax in Santa Clara County. To date, total Gas Tax revenue is at 92.3% of the annual budgeted revenue, primarily due to Measure B revenue of $1.8 million.  Development Impact Funds Development Impact Funds are at 29.5% of annual budget estimates. These revenues are collected as a result of new development approval and the required contributions to development impact funds to offset infrastructure impacts and needed infrastructure service expansions. The lower amounts of impact fees being received are a result of development projects that haven’t yet pulled permits or finalized plans. Additionally, some developers simply delayed their project schedule because of changing business priorities. Finally, another causation is that some projects were expected to pay impact fees earlier, but were subsequently allowed to be deferred, thus the revenue originally planned is not expected to be received until next fiscal year or the following. Lower impact revenues are not an indication of the City’s financial health as it is expected that the City will eventually receive those revenues.  All Other Non-General Fund Revenue All remaining non-general fund revenues, as an aggregate, are at 35.5% of the target for this reporting period. This fluctuation is impacted by the timing of operating transfers into the debt service funds to cover debt service payments, grant funding revenue, interest revenue, and other timing differences. The other specific funds that comprise this aggregate amount are at varying levels of revenues above and below budgeted levels. FY21 Mid-Year Expenditures General Fund 10.A Packet Pg. 137 Overall, the General Fund has expended below its target for the period, as typically, expenditures would be at roughly 42% by the end of December. The table below (Figure 3) identifies each department’s use of General Fund resources. Every department is within or below its target for the period end. Figure 3: FY21 General Fund Expenditures through December 31, 2020 General Fund Expenditures by Department Amended Budget Mid-Year Total Percentage of Projected Administration 4,262,589$ 1,509,133$ 35.4% Recreation Transfer 1,500,000 750,000 50.0% Finance 689,843 282,542 41.0% Human Resources 1,113,793 398,068 35.7% Police 24,174,516 9,064,290 37.5% Fire 12,388,447 5,056,598 40.8% Public Works 3,399,087 1,470,956 43.3% Community Development 4,832,397 2,000,739 41.4% Total 52,360,672$ 20,532,326$ 39.2% Non-General Funds Overall, planned expenditures of funding sources aside from the General Fund, are near or below their target. The table below (Figure 4) identifies the other funding by select categories. Following the table is a brief description of each of the fund’s performance. Figure 4: FY21 Non-General Fund Expenditures through December 31, 2020 Non-General Fund Expenditures by Fund Type Amended Budget Mid-Year Total Percentage of Projected Water Fund 13,759,114$ 4,653,229$ 33.8% Sewer Fund 15,843,019 7,474,790 47.2% Recreation 2,710,937 787,347 29.0% Gas Tax 3,664,256 126,897 3.5% Development Impact Funds 10,551,204 2,731,971 25.9% All Other Non-General Funds 9,156,988 4,710,458 51.4% Total 55,685,518$ 20,484,691$ 36.8%  Water Fund The City’s Water Fund has expended 33.8% of its annual budget as of the mid- year, which is below target level.  Sewer Fund The City’s Sewer Fund has expended 47.2% of its annual budget as of the mid- year, which is slightly below target level. 10.A Packet Pg. 138  Recreation Recreation has expended 29.0% of its amended budget. With the SIP order, the Department has eliminated most programs and many of the associated costs.  Gas Tax Gas tax expenditures are below targeted levels, only expending 3.5% of the annual appropriations as of the end of December. Slow use of appropriations in the beginning of the fiscal year is cause for the lower than expected expenditure levels within the reporting period. It is expected that the City will eventually spend all gas tax funds as projects are sent out for bid and subsequently approved by Council.  Development Impact Funds Development Impact Funds have expended a total 25.9% of the annual budgeted amount. The below target spending is a result of low use of contract serv ices, improvement projects, and reimbursement line items within the reporting period. Further reimbursements are expected in the remainder of the fiscal year.  All Other Non-General Funds All remaining non-general funds as an aggregate are trending at 51.4% of target annual levels of expenditure. General Fund Five-Year Forecast The chart below (Figure 5) is a revised General Fund Five-Year Forecast which incorporates the Council approved General Fund Financial Recovery Plan, as well as updated Sales Tax data for the current fiscal year. It should be noted that although the City has experienced significant reductions in sales tax revenues, the Fiscal Recovery Plan has created a sustainable budget going forward, assuming that the financial recovery once expected to begin on July 1, 2020 will now begin around July 1, 2021. Figure 5: General Fund Five-Year Forecast General Fund Financial Forecast Actual FY20 Projected FY21 Projected FY22 Projected FY23 Projected FY24 Projected FY25 Beginning Fund Balance 21,258,870$ 13,917,801$ 11,118,518$ 11,147,265$ 11,212,307$ 11,940,766$ Add: Revenues 50,715,242 49,561,389 51,956,202 53,870,605 56,696,956 58,236,185 Less: Expenditures (58,056,311) (52,360,672) (51,927,455) (53,805,563) (55,968,497) (57,984,622) Ending Fund Balance 13,917,801$ 11,118,518$ 11,147,265$ 11,212,307$ 11,940,766$ 12,192,329$ Operating Margin $ (7,341,069) $ (2,799,283) $ 28,747 $ 65,042 $ 728,459 $ 251,563 General Fund Reserves Levels (Figure 6) are performing as expected and the use of the Economic Uncertainty Reserve (EUR) has enabled the City to fo rgo additional expenditure reductions at this time. During FY21 it is expected that almost all the EUR will have been used to maintain service levels approved by Council in 2020. There are still many unknowns and challenges that the City must continue to monitor including the 10.A Packet Pg. 139 potential of future sales tax revenue shortfalls which further erode reserve levels if expenditure adjustments are not adopted. At this time, the fact that the City will maintain the required 20% reserve level and has a structurally balanced budget in the 5-year forecast, it is recommended that the City maintain its’ current financial path and look at the FY22 and FY23 upcoming budget cycles to address any modifications to the current plan. The 4th Quarter Sales tax report (available in April) will provide additional information that could require deviation from the current plan. For the time being, the General Fund Financial Recovery Plan is working, and no adjustments are being recommended at this time. It should be noted, that the reserve levels are moving targets as the amount of reserves required is based on the % of expenditures (which the City has significantly lowered in the last year) so the amount of actual reserves (in dollars) required to meet the 10% EUR and 20% General Fund minimum amounts will actually drop over the next few years. Due to this moving target, that the City’s operating margin (Figure 5) should be utilized as an additional financial health indicator. Figure 6: General Fund Reserve Levels General Fund Reserve Levels Actual FY20 Projected FY21 Projected FY22 Projected FY23 Projected FY24 Projected FY25 Required $11,611,262$ 10,472,134$ 10,385,491$ 10,761,113$ 11,193,699$ 11,596,924$ Actual $11,611,262$ 10,472,134$ 10,385,491$ 10,761,113$ 11,193,699$ 11,596,924$ Deficit/Surplus - - - - - - % Reserve Level 20%20%20%20%20%20% Required $5,805,631$ 5,236,067$ 5,192,746$ 5,380,556$ 5,596,850$ 5,798,462$ Actual $2,306,539 665,645 781,035 470,455 766,328 614,666 Deficit/Surplus (3,499,092)$ (4,570,423)$ (4,411,711)$ (4,910,101)$ (4,830,522)$ (5,183,797)$ % Reserve Level 4%1%2%1%1%1% Total Reserves 13,917,801$ 11,137,779$ 11,166,526$ 11,231,568$ 11,960,027$ 12,211,590$ General Fund Minimum Reserve Requirements (20%) Economic Uncertainty Reserve Requirement (10%) Update on CalPERS Unfunded Liability The most recent actuarial valuation date of the City’s CalPERS pension plan is June 30, 2019. At that time, the City’s unfunded accrued liability was $54.8 million for the Safety Plan, and $37.1 million for the Miscellaneous Plan for a total liability of $91.9 million, up from $81.6 million as measured in 2018. Actuarial valuations are based on assumptions regarding future plan experience including, among other things, investment rates of return. In determining the liability amounts above, CalPERS assumed an investment rate of return of 7.0%. Subsequently, CalPERS recently released a preliminary return on investments for the 12-month period ending June 30, 2020 of 4.7%. This rate of return is significantly less than the discount rate previously used and will ultimately impact the unfunded accrued liability amounts. Staff will return to Council once additional information is known. MID-YEAR FINANCIAL REPORT CONCLUSION 10.A Packet Pg. 140 Overall, citywide revenues as of the end of the mid-year reporting period were at 37.3% of the annual budgeted levels, while expenditures were at 39.2% of the annual budgeted level. For the General Fund, revenues are at 36.0% and expenditures at 39.2%. However, as expressed previously, several of the General Fund’s revenue s ources lag between receipt and report period hard cutoff timeframes. Continued analysis of financial performance will be monitored and submitted to Council as appropriate. The results of the financial adjustments approved by Council in 20 20 continue to show that the City’s financial health is holding steady at this time. There were assumptions that did not come to fruition, most notably, the City did not return to “normal” pre - pandemic conditions on July 1, 2020; however our revenues are close to forecasted assumptions and the organization is able to adjust operational expenditures during the course of the fiscal year to ensure that the City maintains a balanced budget. In addition to the Mid-Year Financial Update presented above, staff is requesting approval of additional funding for Measure B (see requested budget amendment below) as well as providing Council an informational Quarterly Investment Report. REQUESTED BUDGET AMENDMENT Staff is requesting Council consideration of a single budget amendment in a special revenue fund as part of this update report. The City is being allocated up to $35,648 for bicycle and pedestrian education and encouragement activities from the Measure B sales tax measure, and is reimbursement based. This annual allocation is based on population and is subject to change with sales tax revenue and population changes. Per the ballot measure, this fund will pay for activities related to bicycle and pedestrian outreach, education and encouragement activities including but not limited t o Safe Routes to School, Bike to Work events, and other such programs and events. The proposed budget amendment would be to amend the Measure B Fund, Fund 216, for $35,648 in FY 21. Attachments: 1. Budget Amendment Resolution 2. Investment Report for the Quarter Ended September 30, 2020 10.A Packet Pg. 141 RESOLUTION NO. 2021-XX RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE FISCAL YEAR 2020-2021 BUDGET BY $35,648 IN THE MEASURE B FUND AND APPROPRIATING THOSE FUNDS TO PROJECTS IDENTIFIED BY THE CITY COUNCIL WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff has prepared and submitted to the City Council, in the staff report dated February 1, 2021, a proposed amendment to said budget for Fiscal Year 2020 -2021. The purpose of such amendment is to appropriate reimbursement grant funding in the amount of $35,648 from Measure B for bicycle and pedestrian education and encouragement activities; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT re venue and appropriations for Fiscal Year 2020-2021 in the City’s Measure B Fund, Fund 216, and hereby increased by $35,648. PASSED AND ADOPTED this 1st day of February, 2021 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ______________________________ Marie Blankley, Mayor ATTEST: _____________________________________ Suzanne Guzzetta, Deputy City Clerk 10.A.a Packet Pg. 142 Attachment: Budget Amendment Resolution (3149 : Fiscal Year 2021 Mid-Year Budget Update) 10.A.b Packet Pg. 143 Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid-Year Budget Update) 10.A.b Packet Pg. 144 Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid-Year Budget Update) 10.A.bPacket Pg. 145Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 146Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 147Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 148Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 149Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 150Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 151Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.bPacket Pg. 152Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid- 10.A.b Packet Pg. 153 Attachment: Investment Report for the Quarter Ended September 30, 2020 (3149 : Fiscal Year 2021 Mid-Year Budget Update)