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HomeMy WebLinkAbout2020-10-19 City Council Regular Meeting Agenda Packet October 19, 2020 2:18 PM City Council Regular Meeting Agenda Page1 MAYOR Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, OCTOBER 19, 2020 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 OCTOBER 19, 2020 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 Council Agendas and Videos button from 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, CALL ONE OF THE PHONE NUMBERS LISTED BELOW, 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 comme nts 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. Dial by your location COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERK PRIOR TO THE MEETING TO 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 mini mum of 2 hours prior to the meeting at (408) 846-0204. Call in for Public Comment 1 (669) 900-9128 1 (346) 248-7799 888 788 0099 US Toll-free Meeting ID: 979 5849 0641 City Council Regular Meeting Agenda 10/19/2020 Page2 If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Sect ion 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 eac h 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 C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations III. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 10/19/2020 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.) A. Presentation by Valley Transportation Authority (VTA) on 2021 Service Plan City Council Regular Meeting Agenda 10/19/2020 Page4 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library J PA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co. Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA- Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority Board, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Joint Planning Advisory Committee, South County Regional Wastewater Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CAL L VOTE) (reports attached) 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 Cit y 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 10/19/2020 Page5 A. Minutes of the September 21, 2020 Regular Meeting B. Minutes of the October 5, 2020 Regular Meeting C. Claim of Mario Frausto (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute th e denial of the claim) D. Claim of Gary Vogel (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) E. Adoption of a Resolution of the City Council of the City of Gilroy Approving the Application(s) for State of California Proposition 68 General Per Capita Program Grant Funds for the San Ysidro Park Projects and Authorize the Execution of the Agreement and Related Documents F. Adoption of a Resolution of the City Council of the City of Gilro y Supporting the Miller Red Barn Association’s Application for a County of Santa Clara Historical Grant for Capital Improvements at the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022 VII. BIDS AND PROPOSALS (reports attached) A. Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $2,997,955 and Award of a Contract in the Amount of $2,997,955 to Teichert Construction for Fiscal Year 2020-2021 Citywide Pavement Maintenance, Project No. 21-PW-260 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2020-2021 and appropriating proposed expenditure amendments. b) Award a contract to Teichert Construction in the amount of $2,997,955 for the construction of the Fiscal Year 2020-2021 Citywide Pavement Maintenance Project, No. 21-PW -260 and authorize the City Administrator to execute the contract and associated documents. B. Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $389,316 and Approval of a First Amendment to the Agreement with Monterey Peninsula Engineering in the Amount of $6,659,104 for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW-217 City Council Regular Meeting Agenda 10/19/2020 Page6 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2020-2021 budget for the Water Enterprise Fund 720 increasing appropriations in the amount of $389,316. b) Approve a first amendment to the agreement with Monterey Peninsula Engineering in the amount of $6,659,104 for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217, and authorize the City Administrator to execute the amendment and associated documents. C. Approval of an Agreement with the City of Gilroy, the City of Hollister, the City of San Juan Bautista and Community Media Access Partnership (CMAP) for Public, Education and Government (PEG) Services 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Approve an agreement with the City of Gilroy, the City of Hollister, the City of San Juan Bautista and Community Media Access Partnership (CMAP) for continued public, education and government (PEG) services. VIII. PUBLIC HEARINGS (reports attached) A. Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $40,000,000 for a Housing Project Located at 1st Street and Kern Avenue (APN 790-21-041) 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the issuance by the California Public Financing Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of First and Kern Apartments project. B. Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $35,000,000 for a Housing Project Located at 1520 Hecker Pass Highway City Council Regular Meeting Agenda 10/19/2020 Page7 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the issuance by the California Public Finance Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $35,000,000 for the purpose of financing or refinancing the acquisition and construction of Hecker Pass Apartments. IX. UNFINISHED BUSINESS (reports attached) A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Receive report. B. Gilroy Garlic Festival Memorial 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Direct staff to remove vertical flags from Gilroy Garlic Festival Memorial and eliminate the "Temporary Memorial" designation. C. Annual Update on the Downtown Improvement Incentive Program 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Receive report. D. Appointment of One Member to the Youth Commission for a Partial Term Ending September 30, 2021 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Appoint one Youth Commission member to a term ending September 30, 2021 . X. INTRODUCTION OF NEW BUSINESS (reports attached) A. Consideration of Funding Agreement with Santa Clara County for the Countywide Isolation and Quarantine Program City Council Regular Meeting Agenda 10/19/2020 Page8 1. Staff Report: Maria De Leon, Program Administrator 2. Public Comment 3. Possible Action: Decline to enter into an agreement with Santa Clara County for the Countywide Isolation and Quarantine Program and continue to utilize existing service providers (both public and private) to assist residents impacted by Covid-19. B. Consent of the Appointment of Cindy Murphy as Interim Finance Director (Retired Annuitant) Effective November 2, 2020 and Adoption of a Resolution of the City Council of the City of Gilroy Approving the Appointment and Employment Agreement 1. Staff Report: LeeAnn McPhillips, Human Resources D irector/Risk Manager 2. Public Comment 3. Possible Action: a) Consent of the City Administrator's recommendation to appoint Cindy Murphy as Interim Finance Director (as a retired annuitant) effective November 2, 2020. b) Adopt a resolution approving the appointment of Cindy Murphy as Interim Finance Director (Retired Annuitant) pursuant to California Government Code Section 21221(h) and authorizing the City Administrator to execute the employment agreement. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION - NONE ADJOURNMENT MEETING DATES City of Gilroy STAFF REPORT Agenda Item Title: Claim of Mario Frausto (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 19, 2020 meeting: Claim of Mario Frausto Attachments: 6.C Packet Pg. 9 1. Claim of Mario Frausto 6.C Packet Pg. 10 File With: City Clerk's Office 7351 Rosanna Street Gilroy, CA 95020·6·14·1 CITY OF GILROY CLAIM FOR DAMAGES To Person Or Property INSTRUCTIONS 1. Cl alms tor death, Injury to person or to personal property mus! be me s>l-IElt�f-�fl·sl:+moot-As-.aHor4h occurrence. (Gov. Code Sec. 911.2) � fj;, (ii.) fr fl WI If2. Claims for damages to raal property must be fried not later than 1 yea r4'ne OOuMmc�. (&v. Ma911.2) 3. Readonlireclalmbeforellllng. ScP 1 5 2020 4.Sea page: 2 for diagram upon whlsh 10 lo�ate _place of accident Sr This· clf.i.i'ni fo·rm inUst be signed on page 2 at bottom. 6, Alla?IJ_separale •�•�ts, it necessary, to give full details. SIGN EACH sil/t.;.i T,O: CITY 01" GILROY Norn• of Claimant m 11-R I D ..LomfJ-MD {( CLAIM No. -.,.,..-�------l C, Oc;oupatlon ofC/aimMl • . -·.f-:\ 06( [(i,'(t'.. - When did DAMAGE or INJURY ocC:ur? Diite O ¥-03-;l.D;,;l.D Time S: Names of any city Cmployeaa _l�vovled In INJURY or DAMAGE: If claim 11.-for Equllabla lndl3mnlty, gfv,a dale cla,�ant served wlth the cotilplalnt:0810 Whera did DAMAGE or IN.JU!'.fV occur? Describe fullY, and locate on ctlagrllf:n.oO i-0VtltsG·sJd&of th18' sh&et, Whera approprlate-,·giVe strr:et nar.nea and l1ddrin,a and measurinGombmhch ·ft.U. 0 V\ Vh'-j -tru tf-q·t j�V\{\'(t»tClJ H,'//fed� � otvtMaj-fd � vioeiJ:•Mo,✓z w1ffi-t:S.S-tS• Describe 1n detail the OAMAGE or lNJURYoccurred: Wllyd=?�'""'t1:0�101 0{'.,.L6Vlj_f Th � p( K /G; tf �cd�Ld )Au\, vt hu < + 3 e:i M-e ol/'-Q, r +cl!0 n fh'J tv lf q;::: J- ct 0 -e -1'f-- · a;J-e. wi+n-e..SJci .. _ · SEE PAGE 2 OVER) THIS CLAIM MUST BE SIGNED ON AEVEFlSE SIDE 6.C.a Packet Pg. 11 Attachment: Claim of Mario Frausto (3067 : Claim of Mario Frausto) 6.C.a Packet Pg. 12 Attachment: Claim of Mario Frausto (3067 : Claim of Mario Frausto) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Gary Vogel (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the October 19, 2020 meeting: Claim of Gary Vogel Attachments: 6.D Packet Pg. 13 1. Claim of Gary Vogel 6.D Packet Pg. 14 6.D.a Packet Pg. 15 Attachment: Claim of Gary Vogel (3034 : Claim of Gary Vogel) 6.D.a Packet Pg. 16 Attachment: Claim of Gary Vogel (3034 : Claim of Gary Vogel) 6.D.a Packet Pg. 17 Attachment: Claim of Gary Vogel (3034 : Claim of Gary Vogel) 6.D.a Packet Pg. 18 Attachment: Claim of Gary Vogel (3034 : Claim of Gary Vogel) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Approving the Application(s) for State of California Proposition 68 General Per Capita Program Grant Funds for the San Ysidro Park Projects and Authorize the Execution of the Agreement and Related Documents Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Ogarita Carranza Ogarita Carranza Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy to approve application(s) for State of California Proposition 68 general per capita program grant funds for San Ysidro Park projects, and authorize the City Administrator, or designee, to execute the agreement and related documents. EXECUTIVE SUMMARY The State of California Department of Parks and Recreation, Office of Grants and Local Services (OGALS) allocates grant funds to cities and counties based on population 6.E Packet Pg. 19 under Proposition 68. The City of Gilroy is eligible to receive up to $212,134 if a local resolution is adopted and submitted to OGALS as requested. BACKGROUND On June 5, 2018, California voters passed Proposition 68, the $4 billion “Parks, Environment, and Water Bond Act of 2018” as detailed in Division 45 of the Public Resources Code. Shortly thereafter, the Legislature of the State of California delegated the responsibility for the administration of the Proposition 68 grant program to the State of California Department of Parks and Recreation. The State of California Department of Parks and Recreation Office of Grants and Local Services allocates grant funds to cities and counties based on population with two grant programs under Proposition 68: 1) The General Per Capita Program and 2) the Urban County Per Capita. The Urban County Per Capita provides funding to cities and counties to improve park and recreation services within jurisdictions of 200,000 or less in population. An entity eligible to receive funds under this subdivision is also eligible to receive funds un der the General Per Capita Program. The State’s General Per Capita Program is for all local governments. Funds are provided on a per capita basis for local park rehabilitation, creation, and improvements with attention to addressing deficiencies in neighborhoods lacking access to the outdoors. Eligible projects must be capital outlay for recreational purposes, either acquisition or development. Multiple projects may be completed under one contract, but each project requires a separate application. A project can only have one location and grantees are encouraged to collaborate with other grantees on projects. A resolution is required to commit the use of the allocated grant funding for eligible projects before the submittal of the grant application. On August 10, 2020, the City was notified that it received an allocation under the Proposition 68 General Per Capita Grant Program. The City’s allocation amount from the General Per Capita Program is $177,952 and $34,182 from the Urban County Per Capita, a total of $212,134. Projects in a “severely disadvantaged community” do not require matching funds. To qualify local median household income must be less than 60% of the statewide average. The City does not qualify as a “severely disadvantaged community” (calculation is attached to the staff report). The City of Gilroy is required to provide a 20% match based on the total project cost, not the grant amount. The match can be federal funds, local funds, private funds, in-house employee services, or volunteer labor. ANALYSIS 6.E Packet Pg. 20 The City intends to apply for funds for a project that will install/construct recreation features and support amenities at San Ysidro Park that are consistent with the Park and Recreation Master Plan’s goal to “Pursue a variety of financing mechanisms for acquisition, development, long-term operations and maintenance of the parks and recreation system.” Given the City’s limited resources, possible recreation features include a new picnic/barbecue area and the renovation of a toddler lot. Should a grant be awarded to the City, final acceptance of grant funds will be evaluated at the time of award to allow for reconsideration of supplemental matching funds per the project scope. Staff will submit a report requesting Council approv al of matching funding and authorization of a capital improvement project at that time. ALTERNATIVES 1. Council may decline to adopt a resolution. STAFF DOES NOT RECOMMEND THIS OPTION because the City would lose an opportunity to receive a grant that would provide much needed park improvement funding. 2. The City also has the option of transferring the Per Capita allocation to another entity through a resolution. STAFF DOES NOT RECOMMEND THIS OPTION because the City would lose an opportunity to receive a grant that would provide m uch needed park improvement funding. FISCAL IMPACT/FUNDING SOURCE None at this time. Adopting this resolution will enable the City to take the first step in applying for the City’s allocation of $212,134 from the State of California. Determining matching funds are dependent on the exact project and actual contract costs, thus the amount of mathing funds and funding source will be determined at a later date. NEXT STEPS If Council approves the resolution, staff would proceed with submitting the grant application, then the City Administrator can execute the grant agreement. The adopted Resolution must be submitted to the Office of Grants and Local Services (OGALS) as requested. The grant application packets are due to OGALS through December 2021. Attachments: 1. Resolution Application for Grant Funds 2. California State Parks Per Capita Match Calculation 6.E Packet Pg. 21 RESOLUTION NO. 2020 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s); and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the [city/county/district’s] general or recreation plan (PRC §80063(a)), and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the [city/county/district] will consider a range of actions that include, but are not limited to, the following: 6.E.a Packet Pg. 22 Attachment: Resolution Application for Grant Funds (3020 : Prop 68 Per Capita Grant Application) (A) Conducting active outreach to diverse populations, particularly minority, low income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including t hrough social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth- serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 6.E.a Packet Pg. 23 Attachment: Resolution Application for Grant Funds (3020 : Prop 68 Per Capita Grant Application) 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED AND ADOPTED this 19th day of October, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ Roland Velasco, Mayor ATTEST: __________________________________ Shawna Freels, City Clerk 6.E.a Packet Pg. 24 Attachment: Resolution Application for Grant Funds (3020 : Prop 68 Per Capita Grant Application) SCORP Community FactFinder is a service of the California Department of Parks and Recreation www.parks.ca.gov SCORP Community FactFinder created by GreenInfo Network www.greeninfo.org in consultation with CA Dept. of Parks and Rec Project ID: 13149 Coordinates: 37.0127, -121.5632 Date: 10/06/2020 California State Parks Per Capita Match Calculator This is the Per Capita Match Report for the site you have selected. Please review to confirm that the pin lies within the boundaries of an existing or proposed park, and submit to OGALS with your Project Application. PROJECT AREA STATISTICS PROJECT AREA MAP County:Santa Clara Median Household Income:$67,551 Agency Type:Other Agency The median household income in the circle does not qualify as Severely Disadvantaged. Match IS required. Park or Preserved Area Disadvantaged Community Severely Disadvantaged Community No Data REPORT BACKGROUND The project statistics have been calculated based on half mile radius around the point location selected. Only park acres within the project area's half mile radius are reported. Population and people in poverty are calculated by determining the percent of any census block-groups that intersect with the project area. The project area is then assigned the sum of all the census block-group portions. An equal distribution in census block-groups is assumed. Rural areas are calculated at a census block level to improve results. Median household and per capita income are calculated as a weighted average of the census block- group values that fall within the project area. More information on the calculations is available on the methods page » Demographics—American Community Survey (ACS) 5- year estimates 2014-2018; Decennial 2010 Census; the margin of error (MOE) was not analyzed. Parks—California Protected Areas Database 2020a CFF adjusted (6/2020) - more information at http://www.CALands.org. Parks and park acres area based on best available source information but may not always contain exact boundaries or all parks in specific locations. Parks are defined further in the 2015 SCORP (pg. 4). Users can send updated information on parks to SCORP@parks.ca.gov 6.E.b Packet Pg. 25 Attachment: California State Parks Per Capita Match Calculation (3020 : Prop 68 Per Capita Grant Application) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Supporting the Miller Red Barn Association’s Application for a County of Santa Clara Historical Grant for Capital Improvements at the Miller Red Barn Located at Christmas Hill Park, APN 808-18- 022 Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy approving the use of City- owned property for the proposed capital improvement project in support of the Miller Red Barn Association’s application for a County of Santa Clara historic grant . EXECUTIVE SUMMARY The Miller Red Barn Association and the City of Gilroy have a financially non-binding Memorandum of Understanding approving the Association’s use of the Miller Red Barn project site (Project). In June of 2019 the Association approached the City and expressed a desire to apply for the County of Santa Clara’s Historic Grant Program to restore the Project. The 6.F Packet Pg. 26 Historic Grant Program procedures require the City to adopt a Resolution establishing as a matter of record that the City supports the Association’s long-term use of the site. The Council approved the resolution on August 5, 2019 allowing the Red Barn Association to apply for and receive the Historic Grant, to begin this restoration. The Association is now requesting this same support in applying for a 2020 County of Santa Clara’s Historic Grant. BACKGROUND In the late 1800’s until his death in 1916, Gilroy was home to Henry Miller, the largest landowner and cattle baron of his age. In 1891, Henry Miller built a barn on the property now known as the Ranch Side of Christmas Hill Park. Its purpose was for local hay storage for his cattle and horses then in later years for processing stone fruit grown on Miller’s property. In 2014 the City recognized that in its dilapidated condition the structure may pose a health and safety risk to visitors to Christmas Hill Park. The City considered demolishing the red barn and the Association stepped in to save the structure. At that time , a memorandum of understanding was established with the Association to provide them the opportunity to restore the Miller Red Barn in lieu of the City demolishing it. In 2016, through the hard work of the Association’s volunteers, the barn received designation as a State Historical Landmark and then as a National Historical Landmark. In 2018 the association was working toward obtaining a grant to install a foundation around the barn. One of the grant requirements was that the Miller Red Barn have a designation of “Locally Historic Significance” (in addition to the State and National designation the structure has already received).  At its February 21, 2018 meeting the Historic Heritage Committee recommended approval of the designation to the Planning Commission.  On April 29, 2018 the Planning Commission recommended approval of the Miller Red Barn as a building of local historic significance to the City Council.  At the June 4, 2018 City Council Meeting, the City Council adopted an ordinance approving a zone change to establish the designation of Locally Historic Significance to the Miller Red Barn, located in Christmas Hill Park, Ranch Site, 7049 Miller Avenue (APN 808-18-022). The Council also adopted a resolution approving the Miller Red Barn Association’s application for a County of Santa Clara Historical Heritage Grant.  On June 4, 2019 the City met with The Miller Red Barn Association to hear their proposal for updating the existing Memorandum of Understanding between the City and the Association. The Association expressed a desire to apply for the County of Santa Clara’s Historic Grant Program and asked for the City’s support . 6.F Packet Pg. 27  On August 5, 2019 the C ouncil adopted a Resolution authorizing the application for a 2019 County of Santa Clara’s Historic Grant , which was awarded to the Association. The Association has begun restoration efforts inside of the Barn. The Barn is now level, reinforced, a foundation has been added and they are currently ready to pour a concrete slab inside of the structure. To continue these efforts the Association is now applying for a 2020 Historic Grant which requires a new resolution by the City in support of the project. The resolution attached for tonight’s consideration is similar to the one passed in 2019. ALTERNATIVES Council can choose to not adopt the proposed resolution. If this option is chosen, the Miller Red Barn Committee will not qualify for the grant to fund the cost of renovations. THIS ACTION IS NOT RECOMMENDED. FISCAL IMPACT/FUNDING SOURCE Significant time has been spent over the past years to assist the Miller Red Barn Association with the various historic designations. The City Council may recognize the partnership effort, whereby the volunteers of the Miller Red Barn Association have taken the lead to create the background documentation and efforts to secure historic designation at the Federal and State levels. While the City has not received monetary compensation, the City will receive recognition from the historic designation of the Miller Red Barn. A fully restored and renovated historical site will provide a new opportunity for recreation, historical heritage, and tourism for the community. There are no fiscal impacts to the City if the resolution is adopted. NEXT STEPS If approved, the Miller Red Barn Association will proceed with their plan to apply for the County of Santa Clara’s Historic Grant Program and will work with the City Administrator to execute any associated agreements. Attachments: 1. Resolution Miller Red Bard County Historic Grant 2020 6.F Packet Pg. 28 RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE MILLER RED BARN ASSOCIATION’S APPLICATION FOR A COUNTY OF SANTA CLARA HISTORICAL HERITAGE GRANT FOR THE MILLLER RED BARN PROJECT IN CHRISTMAS HILL PARK WHEREAS, the County of Santa Clara (“County”) has established the Historical Heritage Grant program to promote historic preservation and the awareness of significant cultural, historical, and archaeological resources within Santa Clara County (“Grant Progr am”); and WHEREAS, the County funds the Grant Program with County Park Charter Development Funds, which must be used for the development of real property for county park purposes; and WHEREAS, the County requires that the property on which the grant-funded project is located be continually used for park purposes for a minimum of 20 years and be open to all Santa Clara County residents on a non-discriminatory basis; and WHEREAS, the applicant proposes that the County award Grant Program funds for the The Miller Red Barn project (“Project”) in the Christmas Hill Park; and WHEREAS, the City of Gilroy (“Owner”) has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and WHEREAS, to provide additional assurance as to compliance with the Grant Program requirements, the County requires that the Owner execute the grant agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following determinations: 1. The Project is located on land that will be continually used for park purposes for a minimum of 20 years and, subject to Constitutional or Charter limits on appropriations for future years, will be open to all Santa Clara County residents on a non-discriminatory basis; and 2. The City of Gilroy has reviewed the proposed Project and hereby provides all required approvals for the Project in the Park, including but not limited to, any licenses, permits, environmental review or operational agreements required prior to authorizing construction; and 6.F.a Packet Pg. 29 Attachment: Resolution Miller Red Bard County Historic Grant 2020 (3051 : Miller Red Barn Grant) 3. Miller Red Barn Association, or designee, is hereby delegated authority to sign the grant application and execute the grant agreement on the Owner’s behalf. BE IT FURTHER RESOLVED that the City of Gilroy hereby approves of Miller Red Barn Association’s application for County’s Grant Program funds for the designation of locally historic significance to the Miller Red Barn Project in Christmas Hill Park. PASSED AND ADOPTED BY THE CITY COUNCIL on October 19, 2020 by the following vote: AYES: NOES: ABSENT: APPROVED: Roland Velasco, Mayor ATTEST: _______________________ Shawna Freels, City Clerk 6.F.a Packet Pg. 30 Attachment: Resolution Miller Red Bard County Historic Grant 2020 (3051 : Miller Red Barn Grant) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $2,997,955 and Award of a Contract in the Amount of $2,997,955 to Teichert Construction for Fiscal Year 2020-2021 Citywide Pavement Maintenance, Project No. 21-PW -260 Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget fo r the City of Gilroy for Fiscal Year 2020-2021 and appropriating proposed expenditure amendments. b) Award a contract to Teichert Construction in the amount of $2,997,955 for the construction of the Fiscal Year 2020-2021 Citywide Pavement Maintenance Project, No. 21-PW -260 and authorize the City Administrator to execute the contract and associated documents. 7.A Packet Pg. 31 EXECUTIVE SUMMARY The City’s roadway network, consisting of 125 lane-miles of roads, is our biggest asset with a total value of $220 million. Due to its high value, it is important for the City to maintain it at a high level for the community both as an asset, and as the backbone of our transportation network. The City uses annual funding for its local streets maintenance program operated by the Public W orks Operations Division. In coordination with this effort, Public Works contracts out an annual roadway maintenance project for work not performed by City crews. These projects include roadway resurfacing, repaving and reconstruction. The Public Works Department has completed the design for the FY21 Citywide Pavement Maintenance Project (the Project) and has received four bids for the construction contract. Staff recommends proceeding with Teichert Construction, the firm with the lowest base bid, to complete the Project. The Project consists of paving eight street segments, with an option to include one additional segment under the bid alternative. This project will be funded out of various gas tax funds. BACKGROUND Beginning in spring of 2020, staff developed the Project scope to accommodate the change in available funding and drafted the project specifications to include the new 2018 Caltrans Design Standards. This new plan incorporates the City’s Complete Street Policy1, and ADA Compliance Program. The Project includes eight street segments for maintenance and one additional segment as an alternate bid item. This alternate bid item is bid as a revocable item, which would only be included in the Project if the bids came in low enough to accommodate the additional work. This approach allows the City the flexibility to award a contract based on our available budget. The street segments included in the Project include: 1. Monterey Rd: from Leavesley Rd. to Day Rd. 2. Farrel Ave: from Monterey Rd. to Wren Ave. 3. Camino Arroyo: from Sixth/Gilman St. to Highway 152 4. Camino Arroyo: from Highway 152 to Holloway Rd. 5. Chestnut St: from Tenth St. to Lewis St. Bridge 6. Martin St: from Chestnut St. to Railroad Track s 7. Eight St: from Church St. to Princevalle St. 8. Murray Ave: from I.O.O.F. Ave. to Leavesley Rd. 9. Bid Alternate o San Ysidro Ave: From Las Animas Ave. to 1500 feet south towards Leavesley Rd (near Home Depot) 1 https://www.cityofgilroy.org/DocumentCenter/View/8125/Resolution-2012-46-City-of-Gilroy-Complete- Streets-Policy 7.A Packet Pg. 32 Public Works Department staff selected the above street segments based on the City Pavement Management Program, StreetSaver, with feedback from the Public Works Operations Division street maintenance crews. StreetSaver allows staff to establish and maintain a list of streets and their associated pavement maintenance type based on a given budget. The program also assists staff in preparing a pavement condition index (PCI) evaluation of our pavement network. The PCI number is calculated based on the pavement age, distress types, distress sizes, pavement thickness, pavement material, and more. The actual pavement condition was surveyed in late 2019 with the assistance of the Metropolitan Transportation Commission (MTC) under the Pavement Technical Assistance Program (PTAP) round 20. The full pavement report was presented to the City Council on January 27, 2020, under item 11-A; the Citywide PCI at the time of the report was 62. Per the report, to maintain a constant PCI of 62, the City would need to spend $3.5M annually for a total 5-years budget of $17.5M. To increase the PCI by 5 points (to PCI of 67) in the next five years, the City would need to spend $3.9M annually for a total 5-years budget of $19.6M. Per MTC, the optimal PCI is 70. To achieve a PCI of 70 in the next five years, the City would need to spend $6.8M annually for a total 5 - years budget of $34.2M. ANALYSIS The FY21 Citywide Pavement Maintenance Project, No. 21-PW -260, was advertised for bids on August 17, 2020 and bids were opened on Tuesday, September 15, 2020. Staff received four bids. A summary of the bid results are as follows: Rank Company Base Bid Amount Bid Alternate 1 Total Bid Amount (with Alternate) 1 Teichert Construction $2,257,863.00 $467,551.00 $2,725,414.00 2 O’Grady Paving $2,311,849.00 $454,850.00 $2,766,699.00 2 Granite Rock Company $2,499,001.00 $372,750.00 $2,871,751.00 3 Granite Construction $2,589,311.00 $288,885.00 $2,878,196.00 The lowest bidder was determined based on the amount of their respective base bid. The lowest responsive bidder is Teichert Construction with a base bid of $2,257,863. The Engineer’s Estimate for the base bid was $3,203,828. The lowest bid is 30% lower than the engineer’s estimate. Teichert Construction was also the contractor that completed the City’s FY 20 Pavement Maintenance project. The Engineer’s Estimate was prepared using the City’s historical dat a from previous similar projects. The significant different in cost (30%) is a result of the economy of scale. This project is 7.A Packet Pg. 33 twice the amount of the City’s typical annual pavement project ($1.5M). This has contributed to a lower unit cost on items such as asphalt, microsurfacing, grinding, mobilization, and ADA curb ramp. Geographically, these segments are located on larger arterial and collector streets where traffic controls are standards and access to the site are not restricted like local residential streets. This greatly helps daily production and decrease costs as compared to what was anticipated in the Engineer’s Estimate . ALTERNATIVES 1. Approve only the base contract with Teichert Construction in the amount of $2,257,863. Including a 10% contingency of $225,786, the total project allocation would be $2,483,649. STAFF DOES NOT RECOMMEND THIS OPTION. This alternative is not ideal because the street segments currently included as a bid alternative may experience further deterioration and will likely cost more if delayed. 2. Reject all bids. STAFF DOES NOT RECOMMEND THIS OPTION because it will delay necessary repairs to the City’s pavement network. FISCAL IMPACT/FUNDING SOURCE The total bid, including the base bid and the bid alternative amount for Tei chert Construction, is $2,725,414. Staff recommends including a 10% contingency of $272,541 for a total construction allocation of $2,997,955. The Gas Tax 2105 (Fund 209), Gas Tax 2106 (Fund 210), Gas Tax 2107 (Fund 211), Gas Tax 2103 (Fund 213), SB-1 (Fund 215), and Vehicle Registration Fee (Fund 225) will pay for the construction costs of this project. The contingency amount is intended to account for unforeseen conditions or necessary field changes in the scope of work during construction. In June 2019, Council adopted the FY20 and FY21 budgets and appropriated $1,503,600 for the Annual Paving Program under the various accounts. SB -1 (The Road Repair and Accountability Act of 2017) disbursements were delayed for nearly two years and as a result the city has an accrued balance in this fund. Given the current pavement condition and the need to perform as much pavement repair as possible, s taff recommends that the City Council adopt a resolution to amend the FY21 budget for the Gas Tax 2106 (Fund 210) ($52,963), Vehicle Registration Fees (Fund 225) ($228,660), and SB-1 (Fund 215) ($1,212,732) to appropriate an additional $1,494,355 for a total amount of $2,997,955 for the construction of this project. There is sufficient fund balance in the aforementioned funds for this project. Funding Source Adopted FY21 Budget Proposed FY 21 Budget Proposed Budget Amendment Gas Tax Fund 2105 (Fund 209) $95,000 $95,000 $0 7.A Packet Pg. 34 Gas Tax Fund 2106 (Fund 210) $0 $52,963 $52,963 Gas Tax Fund 2107 (Fund 211) $80,000 $80,000 $0 Gas Tax Fund 2103 (Fund 213) $300,000 $300,000 $0 Vehicle Registration Fees (Fund 225) $128,600 $357,260 $228,660 SB-1 Fund (Fund 215) $900,000 $2,112,732 $1,212,732 Total $1,503,600 $2,997,955 $1,494,355 Attachments: 1. Resolution-Citywide Pavement Maintenance Budget Amendment 2. Teichert 21-PW -260 Contract 7.A Packet Pg. 35 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2020-2021 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Year 2019-2020 and Fiscal Year 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 proposed amendments to said budget for Fiscal Year 2020-2021 for the City of Gilroy in the staff report dated October 19th, 2020 for the award of a contract for the FY21 Citywide Pavement Maintenance Project No, 21-PW-260. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 20 20- 21 in the Gas Tax Fund 2106, Fund 210, shall be increased by $52,963. BE IT FURTHER RESOLVED THAT the appropriations for Fiscal Year 2020-21 in the Vehicle Registration Fee, Fund 225, shall be increased by $228,660. AND BE IT FURTHER RESOLVED THAT the appropriations for Fiscal Year 2020-21 in the Road Maintenance and Rehab (SB1), Fund 215, shall be increased by $1,212,732. PASSED AND ADOPTED on this 19th day of October, 2020, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.A.a Packet Pg. 36 Attachment: Resolution-Citywide Pavement Maintenance Budget Amendment [Revision 2] (3029 : Award of Contract for FY21 Pavement Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00450-30 SECTION 00450 AGREEMENT FY21 Citywide Pavement Maintenance Project PROJECT NUMBER 21-PW -260 THIS AGREEMENT, made this day of , , 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 FY21 CITYWIDE PAVEMENT MAINTENANCE PROJECT, PROJECT NO. 21-PW -260, 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 Contra ct 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. 19th October, 2020 Teichert & Son, Inc. 7.A.b Packet Pg. 37 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00450-31 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 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 a nd 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 7.A.b Packet Pg. 38 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00450-32 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond 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 responsibi lities 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, 7.A.b Packet Pg. 39 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00450-33 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 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 Signature of Contractor Title of Signator Title of Signator ATTEST: ATTEST: Signature Signature Title of Signator Title of Signator ***END OF SECTION*** October 19 2020 7.A.b Packet Pg. 40 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00610-34 SECTION 00610 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy, hereinafter designated the “City,” has, on , , awarded to, hereinafter designated as the “Principal,” a Contract for the construction of the FY21 Citywide Pavement Maintenance Project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the City the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and mean ing, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Co ntract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 7.A.b Packet Pg. 41 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00610-35 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ____________________________ Principal (Seal) Signature for Principal Title of Signator Surety (Seal) Signature for Surety Title of Signator ***END OF SECTION*** 7.A.b Packet Pg. 42 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00620-36 SECTION 00620 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy , hereinafter designated as the “City,” has, on , , awarded to , hereinafter designated as the “Principal,” a Contract for the construction of the FY21 Citywide Pavement Maintenance Project and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. The Payment Bond for which this Section provides shall secure the payment of those persons or entities to whom the Principal, its Subcontractors or its heirs, executors, administrators, successors, or assigns, shall be become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work contracted to be done or any work or labor thereon of any kind; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. This Payment Bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon this bond. 7.A.b Packet Pg. 43 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00620-37 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Sa id Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ___________________________________ Principal (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title ***END OF SECTION*** 7.A.b Packet Pg. 44 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00630-38 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. 45 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00630-39 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, exten d 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. 46 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00630-40 City of Gilroy (“the Agency”) GENERAL LIABILITY ENDORSEMENT 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 an d 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: (1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive Genera l Liability Insurance and Insurance Services Office form number GL 0404 Broad Form 7.A.b Packet Pg. 47 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00630-41 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 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. 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 in surance 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. 48 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00630-42 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 7.A.b Packet Pg. 49 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00650-43 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. 50 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) Project No. 21-PW -260 FY21 Citywide Pavement Maintenance Project SECTION 00670-44 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 act ion 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 notice 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. 51 Attachment: Teichert 21-PW-260 Contract (3029 : Award of Contract for FY21 Pavement Maintenance Project) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $389,316 and Approval of a First Amendment to the Agreement with Monterey Peninsula Engineering in the Amount of $6,659,104 for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217 Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Oates Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization  Economic Development  Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2020-2021 budget for the Water Enterprise Fund 720 increasing appropriations in the amount of $389,316. b) Approve a first amendment to the agreement with Monterey Peninsula Engineering in the amount of $6,659,104 for the First Street (State Route 152) Water Utility Improvements, Project No. 16-PW -217, and authorize the City Administrator to execute the amendment and associated documents. EXECUTIVE SUMMARY 7.B Packet Pg. 52 During construction of the First street water line replacement proejct, staff identified an urgent need to abandon a six-inch water main along Monterey Road (referred to as the Monterey-Howson work) in advance of the upcoming Caltrans State Route (SR) 152 paving project. The Monterey-Howson work was conducted as a change order to the First Street Water Line Project in order to expedite the work and take advantage of the existing Caltrans encroachment permit. Due to unforeseen conditions in the field, the project also required additional change orders that exce eded the project’s contingency funds. Staff recommends the Council approve two change orders for a total of $398,3 10 and a contract amendment with Monterey Peninsula Engineering for a total contract value $6,659,104 to close out the First Street Water Line Project. Construction of the First Street Water Line Project was substantially completed in October 2019. BACKGROUND In June 2018, the City Council awarded a contract to Monterey Peninsula Engineering (MPE) in the amount of $5,451,990 for the construction of the First Street Water Utility Improvements (Project No. 16-PW -217). The Council also approved a project contingency in the amount of $817,798 (15%), and authorized the City Administrator to execute the agreement and related documents, including amend ments, up to the contingency amount. Construction of the First Street Water Line Project began in July 2018 and was substantially completed in October 2019. While the First Street Water Line project was under construction, Caltrans was set to begin its paving project (which is currently nearing completion). The Caltrans project includes repaving State Route 152 (including portions of First Street, Monterey Road, and Leavesley Road) from west of Santa Teresa Boulevard to west of the US 101/Leavesley Road interchange. In spring 2019, City’s Water Section staff identified an urgent need to abandon a problematic six-inch water main along Monterey Road between Leavesley Road and Howson Street. This required the transfer of seven water services and two fire hydrants to a newer 12-inch water main that runs parallel to the six-inch main. The following factors contributed to the urgency to complete this work:  The water main was at an increased risk of rupture. Abandoning the old main and transferring the water services to a newer main would prevent a rupture, and a subsequent need for re-paving a newly paved roadway.  The old and dilapidated water main experienced major leaks three times in the last eight years, which cost a significant amount of staff time and money. Replacing it would allow a reduction in future repair costs. ANALYSIS When staff identified the need for the Monterey-Howson work, there was approximately $350,000 left in the project’s contingency account. Staff directed MPE to abandon the 7.B Packet Pg. 53 six-inch main and transfer seven water services and two fire hydrants to the newer 12- inch main for the reasons stated above. The First Street Water Line Project and Monterey-Howson work are both in the Caltrans right-of-way. Since they are in close proximity to one a nother, staff proposed that MPE perform this work as a change order to the First Street Water Line Project. This would allow the Monterey-Howson work to be done through an amendment to the Caltrans encroachment permit for the First Street Water Line Project. This would save time and allow the Monterey-Howson work to be done before Caltrans repaved Monterey Road. Caltrans approved the amendment to the encroachment permit on April 18, 2019. The work was done in conjunction with the First Street Water Line Pr oject in order to take advantage of an existing Caltrans encroachment permit and to expedite the work in advance of the Caltrans paving project which, at the time, was set to begin in October 2019. The Monterey-Howson work was done through Change Order #10 of the First Street Water Line Project. The work was done at night to minimize impacts to local businesses and commuters. Change Order #10 was issued in the amount of $180,293, with the understanding that additional costs could arise due to material cost increases for nighttime asphalt and slurry deliveries and unforeseen conditions in the field. The presence of unforeseen concrete encasements under the road resulted in additional change order for the Monterey-Howson work. The unforeseen conditions required the contractor to expose, excavate, jackhammer, and demolish about 1,000 feet of unidentified concrete cap and utility encasements. This included a 700-foot concrete cap along the 6-inch main and about 300 feet of concrete encased sewer and storm utilities at six crossings. The additional work also included abandoning a water main at Leavesley Road and connecting an additional water service line at Howson Street. The changed field conditions were verified and documented as Force Account records by the City’s construction inspection team. The Monterey-Howson change order, Change Order #23, in the amount of $158,246 is intended to pay for the additional work due to unforeseen conditions. All time and material totals were verified by the on-site inspector, construction manager, and project manager. This resulted in a total cost of $338,539 for the Monterey-Howson work (i.e., Change Order #10 plus Change Order #23). When the Monterey-Howson work was approved, it was not known if there would be enough contingency in the First Street Water Line Project contract to cover the cost of the Monterey-Howson work and any other unforeseen conditions that may arise with the First Street Water Line Project. During the completion of the First Street Water Line Project, additional unforeseen conditions arose that caused the final construction cost to exceed the project’s total contingency amount. The additional unforeseen conditions included a previously unidentified concrete cap and additional asphalt depths that required sawcutting and 7.B Packet Pg. 54 prevented the contractor from being able to grind the existing asphalt as the project had originally been bid. The additional unforeseen conditions resulted in Change Order #24 for $240,064. FISCAL IMPACT/FUNDING SOURCE The total cost of the First Street Water Line Project change orders, excluding the Monterey-Howson work, exceeded the project contingency by $50,777. The total cost of the First Street Water Line Project change orders, including the Monterey-Howson work, exceeded the project contingency by $389,316. Please note that there is $8,994 left in the current Purchase Order (PO). Staff recommends Council approval of Change Order #23 in the amount of $158,246 and Change Order #24 in the amount of $240,064 (for a total of $398,310). Staff also recommends Council approve a first amendment to the agreement with Monterey Peninsula Engineering (MPE) to increase the contract by the amount of $389,316 (the difference between the sum of Change Orders #23 and #24 and the contract amendment is covered by the project’s remaining contingency of $8,994). If Council approves Change Orders #23 and #24 and the contract amendment, staff will be able to finalize the project’s remaining change orders and close out the project. Original Contract $5,451,990 Contingency $817,799 Change Orders #1 - #9 ($228,491) Change Order #10 ($180,293) Change Orders #11 - #22 ($400,021) Remaining Contingency $8,994 Change Order #23 ($158,246) Change Order #24 ($240,064) CCO #23 Plus CCO #24 ($398,310) Contract Amendment ($389,316) Total Construction Cost $6,659,104 Staff recommends that the City Council adopt the attached Resolution to amend the budget for Fiscal Year 2020-2021, increasing appropriations in the Water Enterprise Fund 720 by $389,316 for construction of the Monterey-Howson work and additional work due to unforeseen conditions for the First Street Water Line Project. All costs are to be paid out of the Water Enterprise Fund. ALTERNATIVES None. Had work been stopped as the project waited for a Council-approved contract 7.B Packet Pg. 55 and budget amendment, the project would have been left incomplete and would have also resulted in extended service outages for utility users. NEXT STEPS Staff anticipates bringing the First Street Water Line Project Notice of Acceptance of Completion to Council in November 2020. Attachments: 1. Resolution Fund 720 Budget Amendment 2. MPE Contract Amendment 3. FIRST ST.- CCO NO. 023_SIGNED 4. FIRST ST.- CCO NO. 024_SIGNED 7.B Packet Pg. 56 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2020-2021 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS 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 proposed amendments to said budget for Fiscal Year 2020-2021 for the City of Gilroy in the staff report dated October 19, 2020 for the First Street (State Route 152) Water Utility Improvements Project, City Project No. 16-PW-217. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2020-2021 in the Water Enterprise Fund 720 shall be increased by $389,316. PASSED AND ADOPTED this 19th day of October, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.B.a Packet Pg. 57 Attachment: Resolution Fund 720 Budget Amendment (2835 : Contract Amendment for Monterey Peninsula Engineering) FIRST AMENDMENT TO FIRST STREET WATER UTILITY IMPROVEMENTS PROJECT, PROJECT NUMBER 16-PW-217 WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Monterey Peninsula Engineering entered into that certain agreement entitled First Street Water Utility Improvements Project, Project Number 16-PW-217, effective on June 5, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Monterey Peninsula Engineering have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUAB LE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1.Section 00500, Agreement of the Original Agreement shall be amended to read as follows: Section 00500, Agreement, Article 4. Contract Price, shall be amended to read "In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contractor an amount not to exceed $6,659,104. 2.Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 3.This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to b z: -e executed as of the dates set forth besides their signatures below. CITY OF GILROY MONTER NGINEERING By: By: Jimmy Forbis [signature] [employee name] Interim City Administrator [title/department] Date: Approved as to Form City Attorney 4845-8215-5540v1 MDOLINGER\04706083 Date: ATTEST: City Clerk -1- [signature] [name] [title] 7.B.b Packet Pg. 58 Attachment: MPE Contract Amendment (2835 : Contract Amendment for Monterey Peninsula Engineering) 7.B.cPacket Pg. 59Attachment: FIRST ST.- CCO NO. 023_SIGNED (2835 : Contract Amendment for Monterey Peninsula Engineering) 7.B.dPacket Pg. 60Attachment: FIRST ST.- CCO NO. 024_SIGNED (2835 : Contract Amendment for Monterey Peninsula Engineering) City of Gilroy STAFF REPORT Agenda Item Title: Approval of an Agreement with the City of Gilroy, the City of Hollister, the City of San Juan Bautista and Community Media Access Partnership (CMAP) for Public, Education and Government (PEG) Services Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Rachelle Bedell Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve an agreement with the City of Gilroy, the City of Hollister, the City of San Juan Bautista and Community Media Access Partnership (CMAP) for continued public, education and government (PEG) services. EXECUTIVE SUMMARY The cities of Gilroy, Hollister, and San Juan Bautista (the Cities) entered into an agreement with Community Media Access Partnership (CMAP) in 2001 t o create a media center to provide Public, Education, and Government access facilities, services, and programming to these communities and surrounding areas. Since that time, Gilroy has entered into multiple amendments to extend the original agreement. In 2019, upon 7.C Packet Pg. 61 expiration of the most recent amendment, staff brought this item to Council and received direction to negotiate a new 5-year agreement. After careful deliberations and thoughtfulness towards the City’s strained resources, City staff and CMAP have come to terms on a new agreement, which is being recommended for approval by Council at this time. The new agreement balances services with available resources and will help the City of Gilroy continue to provide high quality access to government meetings. BACKGROUND In 2001, the Cities entered into an agreement with CMAP to provide a media center for the community members to learn, create and broadcast video programming over the Public, Education, and Government (PEG) access channels provided by Charter Communications. It was also determined that CMAP would cover, record, and broadcast City Council meetings for Hollister and San Juan Bautista as part of the agreement. Gilroy decided at that time to continue to cover their government meeting s with City staff and program these meeting recordings for broadcast on the PEG access channels. The Digital Infrastructure and Video Competition Act of 2006 changed the capabilities of local agencies to negotiate local franchises with cable companies and requires th ese companies to apply for state franchises. This eliminated the ability of our local agencies to directly negotiate franchise agreements with cable companies. In 2009, the Cities passed DIVCA Ordinances to protect PEG Fee (3%) and Franchise Fee (5%) revenue. In 2010, the cities and Charter Communication entered into a settlement agreement for services not followed through in the original franchise agreement with the cities. This provided funding to upgrade antiquated video broadcasting equipment from anal og to digital signals and allowed Charter to take back control of their INET fiber network put in place with the original franchise agreement. The 3% PEG Fee revenues are credited to the City Gilroy by Charter – in practice they are provided to CMAP directly from Charter, per agreement, for capital expenditures related to operating local PEG access channels. In addition, the 5% Franchise Fee revenues are paid to the City of Gilroy by Charter. However, of the 5% Franchise Fee received by Gilroy, 20% is then used to pay CMAP for capital and operating expenditures. See the chart below: Annual Revenues Provided to CMAP for the City of Gilroy for Public, Education, and Government (PEG) Access Channel Services 7.C Packet Pg. 62 Item Annual Amount Provided to CMAP Allowable Uses PEG Fees ~$180,000 Capital Expenditures Franchise Fees ~$60,000 Capital and Operating Expenditures Total ~$240,000 Recently, representatives from each city and CMAP started working on a new agreement to cover additional needs and rectify concerns outlined in the original agreement - including the concerns and recommendations highlighted by City of Gilroy staff and Gilroy City Council in the 2019 meeting:  CMAP should provide equitable services to the Cities funding the organization through Charter fees.  CMAP should provide professional recording of all City Council Meetings, Study Sessions, and Planning Commission Meetings  CMAP should develop and deploy a 10-year plan for regular updates to City of Gilroy broadcasting infrastructure and equipme nt which would include updates to allow broadcasting of meetings on social media  CMAP should provide professionally recorded videos of up to 4-minutes on a topic chosen by the City to expand the communication objectives of the City.  CMAP should provide a transparent accounting of the use of the funds provided by the cities. Many of these concerns were shared by both Hollister and San Juan Bautista. The updated agreement addresses these concerns with the addition of a funding increase as will be outlined below. ANALYSIS The new agreement incorporates the relevant changes in law and policies that have taken place between now and the date of the original agreement and the changes requested by the cities and CMAP. Highlights of the new agreement are as follows:  Added references to DIVCA and State Franchising that were not relevant in the original agreement 7.C Packet Pg. 63  Added reference to the Settlement Agreement between Cities and Charter in 2010  Enhanced services provided to the Cities by CMAP, including: o CMAP will provide coverage of Gilroy Council Meetings, Study Sessions, and Planning Commission meetings up to a maximum of 44 meetings annually. o CMAP will provide coverage of Hollister Council Meetings, Study Sessions, Planning Commission, and Airport Advisory up to a maximum of 48 meetings annually. o CMAP will provide coverage of San Juan Bautista Monthly Council Meetings and three special meetings up to a maximum of 27 meetings annually. o Meetings exceeding four hours in length will be charged at a rate provided in Exhibit A: Additional Services CMAP Rate Sheet. o CMAP will produce up to 4-minute videos, twice a year, at the request of each City. o CMAP will set aside 10% of PEG funds for each City for Council Chambers video equipment. For the City of Gilroy, 10% of PEG funds amount to approximately $18,000 set aside per year. o CMAP will develop a 10-year equipment replacement plan for equipment used to record and broadcast City Council Meetings by July 2021. o Additional video services by CMAP are available to the Cities at the rates shown on Exhibit A.  CMAP will continue to provide Annual Plan and Budget Reports to the Cities, as well as a Fiscal Audit by an independent CPA at least every three years.  Funding is as follows:  Cities will continue to provide PEG funding from Cable Companies directly to CMAP (3% of Charter Gross Revenues)  Cities will continue to provide a portion of Franchise Fees received by Charter to CMAP as follows: o 20% for years 2020 and 2021; and 7.C Packet Pg. 64  This now includes San Juan Bautista, which does not pay a percentage of Franchise Fees under the current or previous agreements. o 22% for the year 2022 until the end of the initial term of the agreement.  Based on 2019 Franchise Fees, this is a projected increase of approximately $6,200 annually for Gilroy.  Based on 2019 Franchise Fees, this is a projected increase of approximately $4,400 annually for Hollister.  No Franchise Fee numbers available for San Juan Bautista at this time for forecasting o Funds continue to be disbursed quarterly with CMAP invoicing Cities quarterly  CMAP will continue to pay an annual fee of $3,600 to the City of Gilroy for the housing of CMAP’s Master Control Equipment in the City of Gilroy data center as originally agreed upon. ALTERNATIVES Council could direct staff not to enter in an agreement with CMAP and the other cities and to instead bring the full PEG and Franchise Fees to the City. Per previous Council direction, staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE Both PEG and Franchise Fees come to the City of Gilroy from Charter and may increase or decrease based on Charter subscribership. Franchise Fees that are not provided to CMAP go into the City’s General Fund. Starting in the year 2022, the City of Gilroy will be obligated to increase the amount of Franchise F ees provided to CMAP by 2% to help cover the cost of the additional services provided by CMAP in the new agreement, see chart below. This increase in funding will come from the City’s General Fund. Annual Revenues Provided to CMAP for the City of Gilroy for Public, Education, and Government (PEG) Access Channel Services * Item 2020 and 20201 Annual Amount Provided to CMAP 2022 Annual Amount Provided to CMAP Increase Between 2021 and 2022 7.C Packet Pg. 65 PEG Fees ~$180,000 ~$180,000 $0 Franchise Fees ~$60,000 ~$66,000 ~$6,000 Total ~$240,000 ~$246,000 ~$6,000 *Numbers are approximate based on 2018-2019 actual numbers. CONCLUSION CMAP and the Cities of Gilroy, Hollister, and San Juan Bautista have made a good faith effort to develop an agreement that provides equitable services and funding, fills the service gaps identified by the Cities, and provides a financially sustainable model for achieving these services. Staff recommends that the City Council approv e an agreement with the City of Gilroy and the cities of Hollister, San Juan Bautista, and Community Media Access Partnership (CMAP) for continued public, education, and government (PEG) services. Attachments: 1. Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added 7.C Packet Pg. 66 1 CONTRACT BETWEEN THE CITIES OF GILROY, HOLLISTER & SAN JUAN BAUTISTA AND COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND SAN BENITO COUNTIES AGREEMENT This Agreement is made this 1st day of January, 2021, by and between the Cities of Gilroy, Hollister and San Juan Bautista ("the Cities"), and Community Media Access Partnership of Southern Santa Clara and San Benito Counties (“CMAP”), a nonprofit corporation, who agree as follows: RECITALS 1.Charter Communications (“Charter”) has been granted a state franchise (“State Franchisee”) to provide cable/video services in Gilroy, Hollister, and San Juan Bautista pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) (hereinafter the Charter DIVCA franchise). 2. A.T.&T. has been granted a state franchise (“State Franchisee”) to provide cable/video services in Hollister pursuant to the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) (hereinafter the AT&T DIVCA franchise). 3. DIVCA provides that certain channel capacity shall be provided for public, educational, and government (“PEG”) access. 4.DIVCA authorizes the Cities to receive certain grant payments from State Franchisees for PEG access purposes as defined by Section 5870(n) of DIVCA. 5.The Cities have each authorized the receipt of such PEG channels and payments via City of Gilroy Municipal Code Chapter 24.22, City of Hollister Code Chapter 5.21.070, and City of San Juan Bautista Code Chapter 5-20-1830. 6.A Settlement Agreement and Release between each of the Cities and Charter, enacted on or about June 11, 2010, provides that certain payments and in-kind services shall be provided by Charter to support the operations of the PEG access facilities, equipment and channels. 7.C.a Packet Pg. 67 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 2 7.The Cities have determined that they wish to designate CMAP as the access management organization to develop, manage, and administer the PEG access channels and to operate one or more community media centers. 8. CMAP has managed a community access center and managed certain PEG access channels since 2001. 9. CMAP has agreed to continue to serve the Cities by developing, programming, and administering the PEG channels, and operating one or more community media centers to support the services as described herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. In exchange for the resources provided by the Cities to CMAP, pursuant to this Agreement, CMAP shall provide the following services: A.OPERATE PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS CABLE CHANNEL(S). Operate the public, educational, and government access cable channel(s) in accordance with this Agreement and applicable state and federal law, with the primary purpose being to bring to the community programming and information not otherwise readily available in commercial and national media. B.OPERATE A COMMUNITY MEDIA CENTER. Manage a community media production facility and equipment (“Community Media Center”), available for public use at such hours and times as are determined by CMAP. Access to equipment and facilities shall be open to all those who qualify within membership, training, and/or other requirements or standards deemed appropriate by CMAP to further the media access objectives of CMAP. C.PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non- discriminatory basis to all residents of the Cities for non-commercial programming purposes, whether individuals or organizations, on a non- discriminatory basis, pursuant to operating rules issued by CMAP. 7.C.a Packet Pg. 68 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 3 D.DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the PEG access equipment, facilities, and channels and file such policies and procedures with the Cities. E.COMPLIANCE WITH LAWS RULES, AND REGULATIONS . Administer the PEG access channels and facilities in compliance with applicable laws, rules, and regulations. F.TRAINING. Train residents of the Cities and, when requested, employees of the Cities and local school or college employees in the techniques of media production, and provide technical advice in the execution of productions. G.PLAYBACK/CABLECAST. Provide for distribution of PEG access programs through playback/cablecasting/webcasting and other innovative or readily available means of distribution of PEG access channels and program content. H.MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement . I.PROMOTION. Actively promote the use and benefits of the PEG access channels and facilities to cable subscribers, the public, and PEG access users. J.PERFORMANCE REVIEW. CMAP shall, after four (4) years of operation under this Agreement, contract with an entity from outside the Cities chosen upon approval of the CMAP Board of Directors, that is expert in PEG access matters to conduct a performance review of CMAP’s operations. This review shall include an opportunity for PEG access users and cable subscribers to provide input. Upon completion, a copy of the performance review shall be submitted to the Cities. K.OTHER ACTIVITIES. Undertake other PEG access programming activities and services as deemed appropriate by CMAP and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access. 7.C.a Packet Pg. 69 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 4 SECTION 2. ENHANCED GOVERNMENT SERVICES A.In additional to those services specified in Section 1, CMAP shall provide the staffing for professional video production services for the following meetings taking place at the City Hall of each of the Cities. 1.Gilroy: Regular City Council meetings, Council Study Sessions, Planning Commission meetings. (Maximum of 44 meetings per year.) a.On the effective date of this Agreement, the City of Gilroy staffed these meetings. Hereafter, CMAP will provide these services. CMAP will coordinate with the City to have a smooth and timely transition of the meeting coverage from City staff to CMAP. It anticipated that it will take several months after the initiation of this agreement for that transition to occur. The transition period will be part of the 44 meetings per year. There will be no additional charges for CMAP staff to develop familiarity with and be trained to use the equipment located at City Hall. 2.Hollister: Regular Council meetings, Council Study Sessions, Planning Commission meetings, and Airport Advisory Committee meetings. (Maximum of 48 meeting per year.) 3.San Juan Bautista: Regular City Council meetings, regular Planning Commission meetings, and three special meetings designated by the City annually. (Maximum of 27 meetings per year.) 4.If a meeting exceeds four (4) hours in length (including set-up and take down) the Cities will be charged at the special discounted rates provided in Exhibit A, attached hereto. B.CMAP shall at the request of each City produce a video of up to four (4) minutes twice in each calendar year. C.Pursuant to Section 1. CMAP shall be responsible for purchasing, maintenance, and replacement of equipment related to its media services and playback/webcasting/cablecasting of PEG access channels and programming and any related INET fiber networking equipment. 7.C.a Packet Pg. 70 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 5 D.DIVCA authorizes each City to receive certain grant payments from State Franchisees for PEG access purposes. The Cities have agreed pursuant Section 15. B. of this Agreement to provide that funding to CMAP. CMAP shall set aside 10% of that PEG DIVCA funding provided by each City in a special banking sub-account for that City for the purchase of City Council Chambers video equipment. At the request and in consultation with each City, CMAP shall budget for video equipment for City Council Chambers. CMAP shall provide funding for these purchases based upon the fund balances set aside in bank sub-accounts for each City individually. E.On or before July 1, 2021, develop a ten (10) year plan for regular updates to equipment used to record and broadcast City Council meetings. F.Upon request by one of more of the Cities, CMAP agrees to provide video productions services and other media services in addition to those listed in this Agreement at the rates described in Exhibit A to this Agreement. SECTION 3. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC: CMAP agrees to keep the public access channel(s) open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant laws. Neither the Cities, nor State Franchisees, nor CMAP shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent CMAP, the Cities, or State Franchisees from producing or sponsoring programming, prevent the Cities or State Franchisees from underwriting programming, or prevent the Cities, State Franchisees, or CMAP from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). CMAP may develop and enforce policies and procedures which are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of PEG access channels, equipment and facilities. 7.C.a Packet Pg. 71 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 6 SECTION 4. INDEMNIFICATION. A.CMAP shall indemnify, defend, and hold harmless the Cities, their officers, agents, and employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of CMAP, its officers, employees, agents, subcontractors, or volunteers arising out of or resulting from the performance of this Agreement. B.CMAP shall indemnify and hold harmless the Cities, their officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from CMAP’s use of channels, funds, equipment, facilities or staff granted under this Agreement or franchise agreements between the Cities and State Franchisees. C.Each of the Cities, respectively, shall indemnify, defend, and hold harmless CMAP, its officers, agents, volunteers, and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the performance of this Agreement, caused in whole or part by any act or omission of the respective City. 7.C.a Packet Pg. 72 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 7 SECTION 5. COPYRIGHT CLEARANCE. Before cablecasting program material, CMAP shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast or distributed through other means such as the Internet and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the PEG access channels or other means such as the Internet that are operated and managed by CMAP. CMAP shall maintain copies of all such user agreements for inspection by the Cities, upon reasonable notice by the Cities and for the term of the applicable statute of limitations. SECTION 6. COPYRIGHT AND OWNERSHIP. CMAP shall own the copyright of any programs which it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by such persons who produced said programming. SECTION 7. DISTRIBUTION RIGHTS. A.CMAP shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subsection shall not be interpreted to restrict, limit, or otherwise affect CMAP’s lawful authority to manage programming shown on the PEG access channels. This subsection shall not be interpreted to restrict distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures. B.At least at the beginning and end of each day that programming is cablecast on the PEG access channels whose use is authorized by this Agreement, CMAP shall display a credit stating "Partial funding for the operation of this channel is provided by the Cities of Gilroy, Hollister and San Juan Bautista.” Such credit shall also state that opinions expressed in PEG access programs are the sole responsibility of the program producers. 7.C.a Packet Pg. 73 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 8 SECTION 8. EQUIPMENT AND FACILITIES. A.CMAP shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B.The City of Gilroy currently houses CMAP’s Master Control equipment in the City of Gilroy data center and provides access to certain network infrastructure. CMAP shall continue to pay the City of Gilroy $3,600 annually for such storage/services. This annual fixed payment of $3,600 shall be due to the City on September 1st of each year of this Agreement until such time that CMAP determines the need for such storage/services unnecessary. C. CMAP shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement all such equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the Cities (in a manner determined by the Cities), which shall ensure that all such equipment or facilities shall be used for PEG access purposes. To secure all of its obligations under this Agreement, CMAP hereby grants to the Cities a security interest in all of the assets and interests owned or hereafter acquired by CMAP with funds provided by the Cities, and the proceeds thereof, including but not limited to CMAP deposit accounts, inventory, and all equipment and fixtures that are or were acquired with funds provided by the Cities. CMAP agrees to take all steps reasonably requested by the Cities to perfect and enforce the security interest of the Cities, including the execution and processing of financing statements and continuation statements under the California Uniform Commercial Code. CMAP will also notify any institution with whom it now or hereafter maintains any deposit account of the existence of a security interest by the Cities in the account. The Cities agree to subordinate their interest if necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that CMAP might wish to finance. 7.C.a Packet Pg. 74 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 9 D. Upon the earlier of termination, expiration, or dissolution of CMAP, it shall, subject to the approval of the Cities, transfer all assets of CMAP representing equipment and facilities funded by the Cities, and/or the proceeds of either to the Cities, or at the option of the Cities, to such organization or organizations designated by the Cities to manage PEG access which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law). SECTION 9. INSURANCE. CMAP shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by CMAP and may be included in its annual budget. A.COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1,000,000 for each occurrence and aggregate. B.EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. The Cities shall be shown as lien holders on all policies. C.WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by California law with an insurance carrier satisfactory to the Cities. Such policy shall contain a waiver of subrogation as to the Cities, and the officials, officers, agents, employees and volunteers. 7.C.a Packet Pg. 75 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 10 D.CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the PEG access channels or other means such as the Internet in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual PEG access producers. E.CITIES AS CO-INSURED OR ADDITIONAL INSURED. The Cities shall be named as a co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or CMAP without first giving the Cities thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self- insurance maintained by the Cities, their officers, agents, employees, or volunteers shall be in excess of CMAP’s insurance and shall not contribute to it. F.NOTIFICATION OF COVERAGE. CMAP shall file with the Cities proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; and (3) cablecaster's errors and omissions insurance. All required insurance coverage shall be maintained by CMAP at all times in accordance with the requirements of this Agreement. SECTION 10. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A.CMAP shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental handicap. B.CMAP shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental handicap. 7.C.a Packet Pg. 76 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 11 SECTION 11. INDEPENDENT CONTRACTOR. It is understood and agreed that CMAP is an independent contractor and that no relationship of principal/agent or employer/employee exists between the Cities and CMAP. If in the performance of this Agreement any third persons are employed by CMAP, such persons shall be entirely and exclusively under the control, direction and supervision of CMAP. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by CMAP and the Cities shall have no right or authority over such persons or terms of employment. No third party shall be a beneficiary under this Agreement. SECTION 12. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by CMAP, except as expressly authorized in writing by the Cities. SECTION 13. ANNUAL REPORTS. During the second quarter of its fiscal year, CMAP shall submit to the Cities an annual report regarding its activities during the preceding fiscal year. This report shall contain, at a minimum, the following information: A.Statistics on programming and services provided; B.Current and complete listing of CMAP’s Board of Directors; C.Year-end financial statements including the previous year’s actuals reviewed by an independent certified public accountant. SECTION 14. RECORDS, FISCAL AUDIT. A.CMAP shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B.Upon reasonable request from any of the Cities, CMAP shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C.CMAP shall prepare (or have prepared) and submit to the Cities a fiscal audit by an outside independent certified public accountant approved by the CMAP Board, at least every three (3) years. 7.C.a Packet Pg. 77 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 12 SECTION 15. FUNDING AND OTHER RESOURCES. The Cities agree to make the following funds and resources available to CMAP: A.The California Public Utilities Commission has granted to each State Franchisee a franchise to provide video services in the Cities. Pursuant to those State Franchises and City of Gilroy Municipal Code Chapter 24.22, City of Hollister Code Chapter 5.21.070 and City of San Juan Bautista Code Chapter 5-20-1830, each State Franchisee is obligated to provide to the Cities four channels for PEG access purposes. The Cities agrees to permit CMAP to manage that bandwidth/channel capacity for PEG access programming purposes. B.Pursuant to those State Franchises and to City of Gilroy Municipal Code Chapter 24.22, City of Hollister Code Chapter 5.21.070 and City of San Juan Bautista Code Chapter 5-20-1830, each State Franchisee is obligated to provide to the City for PEG access purposes three percent (3%) of its gross revenues derived from the provision of video services in the City. The Cities shall direct any State Franchisee to pay said PEG funds to CMAP or shall transfer to CMAP those PEG funds received from the State Franchisees to CMAP no later than thirty (30) days after the City receives the quarterly PEG fee payment from a State Franchisee. C.Pursuant to Section 8 of a Settlement Agreement and Release between Charter and each of the Cities individually entered into on or about June 11, 2010, Charter is obligated to provided at no cost to the Cities or CMAP dedicated fiber linkage between CMAP and the Charter headend for transport of PEG signals and connectivity and functionality necessary for PEG access signals to be transmitted from each City Hall as well as the locations of certain educational institutions. The Cities shall authorize CMAP to utilize those links and or connections for the transport of PEG programming. 7.C.a Packet Pg. 78 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 13 D.The Cities agrees that they will provide funding to CMAP for the provision of PEG access services described in this Agreement, as follows: 1.Year 2021: 20% of franchise fees received by the Cities from State Franchisees. 2.Year 2022-until end of initial term of this Agreement: 22% of franchise fees received by the Cities from State Franchisees. These funds shall be disbursed to CMAP on a quarterly basis, upon submission of a written request in accordance with the timeline specified in Section 18 of this Agreement. E. Upon request by one of more of the Cities, CMAP agrees to provide video productions services and other media services in addition to those listed in this Agreement at the rates described in Appendix 1 to this Agreement. SECTION 16. ANNUAL PLAN AND BUDGET. A. On or before September 30 of each year in which this Agreement is in effect, CMAP shall provide to the Cities an “Annual Plan and Budget” outlining activities and programs planned for the following fiscal year with funds and other resources provided by the Cities. Such plan shall contain: 1.A statement of the anticipated number of hours of PEG access programming to be cablecast; 2.Training classes to be offered and frequency of classes; 3.Other PEG access activities planned by CMAP; and 4.A detailed operating and capital equipment and facilities budget which shows projected revenues and expenditures for the next fiscal year, planned capital improvements and planned purchases of new or replacement equipment. 7.C.a Packet Pg. 79 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 14 SECTION 17. EXPENDITURE OF FUNDS. CMAP shall spend funds received from the Cities solely for the purposes listed in its Annual Plan and Budget and Section 1 (“Scope of Services”) of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by CMAP into succeeding years. Upon termination of this Agreement all funds of any kind received from the Cities and not expended by CMAP shall be returned to the Cities, in proportion to the amounts previously provided by the Cities. All such returned funds shall be used by the Cities for PEG access purposes. CMAP shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the Cities. SECTION 18. RECEIPT OF APPROVED FUNDING. For each year in which CMAP has submitted the Annual Plan and Budget to the Cities as required under Section 16 of this Agreement, the Cities shall make quarterly payments to CMAP. Those payments shall be made on or before March 15, June 15, September 15, and December 151. The amounts paid to CMAP by these Cities shall be calculated as specified in Section 15.D of this Agreement. If any payment to CMAP required by this Agreement is not received by CMAP on or before the date fixed above, the City shall pay interest thereon, from the due date to the date paid, at a rate of one percent (1%) per month. SECTION 19. FUNDING FROM OTHER SOURCES. CMAP may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities. SECTION 20. TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years commencing on January 1, 2021 and ending on December 31, 2025 unless terminated earlier, as provided for in this Agreement. This Agreement may be extended, by mutual agreement of the Cities and CMAP, in writing, for additional periods of five (5) years each in accordance with Section 22 of this Agreement. 1 Due dates calculated at 30 days after PEG access and franchise fee payments from Video Franchisee are due to the cities pursuant to State Law. 7.C.a Packet Pg. 80 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 15 SECTION 21. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A.The Cities shall have the right upon one hundred twenty (120) days written notice to CMAP to terminate this Agreement for: 1.Breach of any provision of this Agreement by CMAP; 2.Malfeasance, misfeasance, misappropriation of funds; or 3.Loss of 501(c)(3) status by CMAP. B.The written contract violation notice provided by the Cities shall cite the specific section of this Agreement which the Cities believe CMAP to have breached and provide sufficient detail to permit CMAP to clearly understand the nature of the cure request by the Cities. C.CMAP may avoid termination by curing any such breach to the satisfaction of the Cities within one hundred twenty (120) days of notification or within a time frame agreed to by the Cities and CMAP. If the nature of the default is such that more than one hundred twenty (120) days are reasonably required for its cure, then CMAP shall not be deemed to be in default if it has commenced a cure within the one hundred twenty (120) day period and thereafter diligently proceeds with such cure to completion within the time period reasonably established by the Cities. D.The Cities may also terminate this Agreement at the expiration of its term, or any extension thereof. E. Upon termination of this Agreement, CMAP shall immediately transfer to the Cities all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by CMAP with funds received pursuant to this Agreement to such organization or organizations designated by the Cities to manage PEG access, which shall at the time qualify as a tax exempt organizations(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law. 7.C.a Packet Pg. 81 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 16 SECTION 22. EXTENSION OF AGREEMENT. This Agreement may be renewed or extended for additional periods of five (5) years upon the Cities approval of a written request by CMAP filed with the Cities at least one hundred and twenty days (120) before the expiration of the initial term of this agreement provided that CMAP is in compliance with the terms of this Agreement. CMAP shall be deemed in compliance with this Agreement unless the Cities provide CMAP with a notice of violation and such violations is not timely cured SECTION 23. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 24. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreemen t. SECTION 25. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. SECTION 26. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To the City of Gilroy: City Administrator 7351 Rosanna Street Gilroy, CA 95020 To the City of Hollister: City Manager 375 Fifth Street Hollister, CA 95023 To the City of San Juan Bautista: City Manager 311 Second Street P.O. Box 1420 San Juan Bautista, CA 95045 7.C.a Packet Pg. 82 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 17 To CMAP: Executive Director 7500 Monterey Road P.O. Box 1822 Gilroy, CA 95021 Any party may change its address by written notice to the other parties at any time. SECTION 27. SEVERABILITY. If any term, provision, covenant or condition of this Agreement shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected to the extent the remaining provision are not rendered impractical to perform taking into consideration the purposes of this Agreement. SECTION 28. This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. SECTION 29. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. 7.C.a Packet Pg. 83 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) 18 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF GILROY, a municipal corporation By: Date: CITY OF HOLLISTER, a municipal corporation By: Date: CITY OF SAN JUAN BAUTISTA, a municipal corporation By: Date: COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND SAN BENITO COUNTIES, a nonprofit corporation By: Date: 7.C.a Packet Pg. 84 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) EXHIBIT A CMAP Fiscal Year 2020/21 Enhanced Government Services Rate Sheet Schedule CMAP shall charge according to the following schedule of rates for performing the following services related to government programming. All rates are subject to annual cost of living increases and/or PEG funding uncertainty. Doc. Date: July 2020. This document will be updated annually with the CMAP Annual Plan and Budget GOVERNMENT MEETING SERVICES Council Chamber Meeting Coverage Meeting coverage in addition to that outlined in Section 2: A. of this agreement $85 per hour Equipment Maintenance/Expansion of Government Installations CMAP provides routine inspection, maintenance, troubleshooting, and repairs of $100 per hour CMAP-installed equipment in city facilities. Governments may also request new functionality that requires installation of additional equipment. ADDITIONAL OFF-SITE VIDEO SERVICES (provided with field equipment by CMAP staff) Single Camera Field Production $250 (up to 3 hours) Includes operator, professional camera and mic. This provides adequate $400 (3-5 hours) coverage for off-site meetings, workshops and other public events. $500 (5-7 hours) 3-Camera Switched Field Production Includes TriCaster switcher, 3 person crew, live or post-produced graphics,$1,000 (up to 3 hours) web archive or DVD.$200 (each additional hour) Audio Support/PA in the Field $500 (up to 3 hours) Includes mixer, multiple mics, public address system, and one operator. $100 (each additional hour) Editing/Post Production/Graphics Video field work typically requires that video material be edited and have graphics $85 per hour edited before being cablecast and web streamed/archived. This provides that basic service. Depending on the production and quality desired, extended hours of editing may be required. Estimates are provided prior to start of work. Live Web Streaming CMAP can provide live web streaming of any field production. Requires $100 per event an adequate internet connection on location. CMAP can also provide a simple embed code to place the streaming video on a government web site. Live Cablecast/Web Stream Same as above but with live cablecast to Charter/AT&T cable channels. $150 per event IN-HOUSE PRODUCTIONS AT CMAP STUDIO Studio Production Includes two CMAP crew members for technical production. $100 per hour Studio Show Producer $150 per 30-60 minute Responsible for show production, crew coordination, graphics, etc. program DVD Creation $75 per master Includes DVD menus and cover. $10 per copy 7.C.a Packet Pg. 85 Attachment: Contract - Cities CMAP 10-13-20 Final w Jan2021-Dec2025 added [Revision 2] (3044 : Renewal of CMAP Contract) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $40,000,000 for a Housing Project Located at 1st Street and Kern Avenue (APN 790-21-041) Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Kraig Tambornini Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization  Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy ap proving the issuance by the California Public Financing Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $40,000,000 for the purpose of financing or refinancing the acquisition and construction of First and Kern Apartments project. EXECUTIVE SUMMARY JEMCOR Development Partners, LLC, an affordable housing developer (the “Developer”), has requested that the California Public Finance Authority (”CalPFA”) serve as the issuer of tax-exempt revenue bonds in an aggregate principal amount not 8.A Packet Pg. 86 to exceed $40,000,000. The proceeds of the bonds will be used for the acquisition, construction, improvement, and equipping of a 120-unit affordable multifamily rental housing facility to be owned and operated by the borrower and l ocated at the intersection of First Street and Kern Avenue, in the City of Gilroy, California, Assessor’s Parcel Number (APN) 790-21-041, and generally known as the 1 st and Kern Apartments Project (the “Project”). The City Council entered into a joint powers agreement with the authority and conduct local public hearings on such matters, in accordance with provisions of the laws of the State of California. This item was previously acted on at the May 4, 2020 City Council Meeting. However, a new notice, hearing and resolution are required due to a procedural requirement for a toll free number to be provided for public comment, for virtual meetings held during the COVID period. POLICY DISCUSSION In order for all or a portion of the bonds for this project to qualify as tax-exempt financing, the City of Gilroy must conduct a public hearing (the “TEFRA Hearing”) providing community members an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of this project. Prior to such TEF RA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the project must provide its approval of the issuance of the bonds for the financing of the 1 st and Kern Apartments project. The policy question being asked is: “Should the City approve or deny the issuance of CalPFA bonds associated with the 1st and Kern Apartments project?” BACKGROUND The City Council has been requested to conduct a public hearing pursuant to the federal Tax Equity and Fiscal Responsibility Act (TEFRA). TEFRA requires that a public hearing be held by the governing body of the jurisdiction in which a project to be financed with tax-exempt financing is located, and that the governing body approve the proposed financing. JEMCOR Development Partners, LLC is an affordable housing developer that proposes to obtain tax exempt financing in an amount not to exceed $40,000,000 to finance the acquisition, construction, improvement and equipping of a 120-unit affordable multifamily rental housing facility located at First Street and Kern Avenue, in the City of Gilroy, California. The California Public Finance Authority (CalPFA) is a joint powers authority formed to assist local governments, non-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt, and would be the issuing agency for the proposed bonds under this approval. The City of Gilroy became a non-charter member of the CalPFA on May 4, 2020. 8.A Packet Pg. 87 The Bonds to be issued by the CalPFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. CALIFORNIA PUBLIC FINANCE AUTHORITY: The CalPFA is a political subdivision of the state of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. CalPFA was created on May 12, 2015 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing to promote economic, cultural, and community development opportunities that create temporary and permanent jobs, affordable housing, community infrastructure and improve the overall quality of life in local communities. To date, 48 municipalities have become members of CalPFA. The CalPFA is authorized to issue bonds to promote economic development and public benefit. It has issued over $1.4 billion of bonds for more than 40 jurisdictions within the State of California. To initiate such financing, the City must conduct a public hearing, adopt the CalPFA Joint Powers Agreement, and approve the CalPFA's issuance of indebtedness. ANALYSIS Approval of the issuance of bonds associated with this project demonstrates the City is trying to support the creation and maintenance of affordable housing within the City by meeting the policies and implementation programs listed below from the City’s 2015- 2023 Housing Element: Goal H-1: Housing Production Policy H-1.1 The City shall strive to ensure adequate land is available at a range of densities to meet Gilroy’s existing and projected housing needs. Policy H-1.2 The City shall encourage the provision of a variety of housing options for Gilroy residents. Policy H-1.3 The City shall encourage a mix of housing in new development areas to avoid the overconcentration of specific housing types in some areas of the city. Policy H-1.6 The City shall continue to implement the Downtown Specific Plan and encourage and coordinate activities with the Downtown Business Association and Economic Development Corporation to encourage mixed-use development. 8.A Packet Pg. 88 Action H-1.C. Variety of Housing in Neighborhood Districts Action H-1.D. Facilitate Infill Development Goal H-2: Affordable Housing Policy H-2.1 The City shall encourage the provision of new affordable housing. Policy H-2.4 The City shall encourage partnerships between non-profit and for-profit housing developers to encourage affordable housing production. ALTERNATIVES The City Council can choose not to approve the resolution authorizing the issuance of the Bonds by the CalPFA for the benefit of 1st and Kern Apartments, LP (the “Borrower”) or a partnership with JEMCOR Development Partners, LLC (the "Developer") as the general partner. Staff does not recommend this action. FISCAL IMPACT/FUNDING SOURCE The bonds to be issued by the CalPFA for the project will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or other responsibility for the project or the repayment of the bonds for the financing of the project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower. CONCLUSION Staff recommends that the City conduct the TEFRA Hearing and adopt the resolution in favor of the issuance of the bonds by the CMFA for the 1st and Kern Apartments project. PUBLIC OUTREACH A Notice of Public Hearing of the Gilroy City Council to consider the approval of the issuance of multifamily revenue bonds by the California Municipal Finance Authority was published on October 9, 2020. Attachments: 1. Resolution TEFRA 1st and Kern 8.A Packet Pg. 89 RESOLUTION 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION AND CONSTRUCTION OF 1ST AND KERN APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, 1st and Kern Apartments, LP or a partnership of which JEMCOR Development Partners, LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Public Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $40,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1st Street and Kern Avenue (APN 790-21-041), Gilroy, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Gilroy (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council”) is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 12 of the Joint Exercise of Powers Agreeme nt Relating to the California Public Finance Authority, dated as of May 12, 2015 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy as follows: Section 1. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having 8.A.a Packet Pg. 90 Attachment: Resolution TEFRA 1st and Kern (3048 : TEFRA 1st & Kern) jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 12 of the Agreement. Section 2. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. Section 3. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority's issuance of the Loan for the financing of the Project. Section 4. This Resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy held on this 19th day of October, 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.A.a Packet Pg. 91 Attachment: Resolution TEFRA 1st and Kern (3048 : TEFRA 1st & Kern) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Issuance of Multifamily Housing Revenue Bonds by the California Public Finance Authority in an Aggregate Principal Amount Not to Exceed $35,000,000 for a Housing Project Located at 1520 Hecker Pass Highway Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Kraig Tambornini Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy approving the issuanc e by the California Public Finance Authority of multifamily housing revenue bonds in an aggregate principal amount not to exceed $35,000,000 for the purpose of financing or refinancing the acquisition and construction of Hecker Pass Apartments. EXECUTIVE SUMMARY JEMCOR Development Partners, LLC, an affordable housing developer (the “Developer”), has requested that the California Public Finance Authority (“CalPFA”) serve as the issuer of tax-exempt revenue bonds in an aggregate principal amount not 8.B Packet Pg. 92 to exceed $35,000,000. The proceeds of the bonds will be used for the acquisition, construction, improvement, and equipping of a 100-unit affordable multifamily rental housing facility to be owned and operated by a partnership of which the Developer is the general partner. The project will be located at 1520 Hecker Pass Highway in the City of Gilroy, California, and generally known as the Hecker Pass Apartments Project (the “Project”). POLICY DISCUSSION In order for all or a portion of the bonds for this project to qualify as tax-exempt financing, the City of Gilroy must conduct a public hearing (the “TEFRA Hearing”) providing community members an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of this project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the project must provide its approval of the issuance of the bonds for the financing of the Hecker Pass Apartments project. The policy question being asked is: “Should the City approve or deny the issuance of CalPFA bonds associated with the Hecker Pass Apartments project? BACKGROUND The City Council has been requested to conduct a public hearing pursuant to the federal Tax Equity and Fiscal Responsibility Act (TEFRA). TEFRA requires that a public hearing be held by the governing body of the jurisdiction in which a project to be financed with tax-exempt financing is located, and that the governing body approve the proposed financing. JEMCOR Development Partners, LLC is an affordable housing developer that proposes to obtain tax exempt financing in an amount not to exceed $35,000,000 to finance the acquisition, construction, improvement and equipping of a 100-unit affordable multifamily rental housing facility located at 1520 Hecker Pass Highway in the City of Gilroy, California. The California Public Finance Authority (“CalPFA”) is a joint powers authority formed to assist local governments, non-profit organizations, and businesses with the issuance of both taxable and tax-exempt debt, and would be the issuing agency for the proposed bonds under this approval. The City of Gilroy became a non-charter member of the CalPFA on May 4, 2020. The Bonds to be issued by the CalPFA for the Project will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower. 8.B Packet Pg. 93 CALIFORNIA PUBLIC FINANCE AUTHORITY: The CalPFA is a political subdivision of the state of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. CalPFA was created on May 12, 2015 to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing to promote economic, cultural, and community development opportunities that create temporary and permanent jobs, affordable housing, community infrastructure and improve the overall quality of life in local communities. To date, 48 municipalities have become members of CalPFA. The CalPFA is authorized to issue bonds to promote economic development and public benefit. It has issued over $1.4 billion of bonds for more than 40 jurisdictions within the State of California. To initiate such financing, the City must conduct a public hearing and approve the CalPFA's issuance of indebtedness. ANALYSIS Approval of the issuance of bonds associated with this project demonstrates the City is trying to support the creation and maintenance of affordable housing within the City by meeting the policies and implementation programs listed below from the City’s 2015- 2023 Housing Element: Goal H-1: Housing Production Policy H-1.1 The City shall strive to ensure adequate land is available at a range of densities to meet Gilroy’s existing and projected housing needs. Policy H-1.2 The City shall encourage the provision of a variety of housing options for Gilroy residents. Policy H-1.3 The City shall encourage a mix of housing in new development areas to avoid the overconcentration of specific housing types in some areas of the city. Policy H-1.6 The City shall continue to implement the Downtown Specific Plan and encourage and coordinate activities with the Downtown Business Association and Economic Development Corporation to encourage mixed-use development. Action H-1.C. Variety of Housing in Neighborhood Districts Action H-1.D. Facilitate Infill Development Goal H-2: Affordable Housing Policy H-2.1 The City shall encourage the provision of new affordable housing. 8.B Packet Pg. 94 Policy H-2.4 The City shall encourage partnerships between non-profit and for- profit housing developers to encourage affordable housing production. ALTERNATIVES The City Council can choose not to approve the resolution authorizing the issuance of the Bonds by the CalPFA for the benefit of the Developer. Staff does not recommend this action. FISCAL IMPACT/FUNDING SOURCE The bonds to be issued by the CalPFA for the project will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or other responsibility for the project or the repayment of the bonds for the financing of the project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower. CONCLUSION Staff recommends that the City conduct the TEFRA Hearing and adopt the resolution in favor of the issuance of the bonds by the CalPFA for the Hecker Pass Apartments project. PUBLIC OUTREACH A Notice of Public Hearing of the Gilroy City Council to consider the approval of the issuance of multifamily revenue bonds by the California Public Finance Authority was published on October 9, 2020. Attachments: 1. Resolution TEFRA 1520 Hecker Pass Highway 8.B Packet Pg. 95 RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION AND CONSTRUCTION OF HECKER PASS APARTMENTS AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, a partnership of which JEMCOR Development Partners, LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Public Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $35,000,000 in outstanding aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1520 Hecker Pass Highway, Gilroy, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Gilroy (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council”) is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council app rove the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 12 of the Joint Exercise of Powers Agreement Relating to the California Public Finance Authority, dated as of May 12, 2015 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gi lroy as follows: Section 1. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having 8.B.a Packet Pg. 96 Attachment: Resolution TEFRA 1520 Hecker Pass Highway (3049 : TEFRA 1520 Hecker Pass Highway) jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 12 of the Agreement. Section 2. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. Section 3. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority's issuance of the Loan for the financing of the Project. Section 4. This Resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy held on this 19th day of October, 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.B.a Packet Pg. 97 Attachment: Resolution TEFRA 1520 Hecker Pass Highway (3049 : TEFRA 1520 Hecker Pass Highway) 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: October 19, 2020 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. 98 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. 99 City of Gilroy STAFF REPORT Agenda Item Title: Gilroy Garlic Festival Memorial Meeting Date: October 19, 2020 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 Direct staff to remove vertical flags from Gilroy Garlic Festival Memorial and eliminate the "Temporary Memorial" designation. EXECUTIVE SUMMARY POLICY DISCUSSION BACKGROUND In September 2019, a “temporary” memorial was dedicated to remember the three people killed and 17 others that were wounded during the Gilroy Garlic Festival Shooting on July 28, 2019. 9.B Packet Pg. 100 Over the past year, the site has served as a place of remembrance, reflection and healing. The memorial is consistently visited by victims, residents, and those paying their respects those affected. ANALYSIS At this time, the memorial is no longer considered “temporary” by many in the community and thus staff is recommending that the site no longer be considered the City’s “temporary” memorial. Secondly, due to weathering, the flags from the bottom of the memorial to the top of the tree have become weathered and thus staff is further recommending that they be removed. (attachment A) ALTERNATIVES Council could modify or decline staff’s recommendation. FISCAL IMPACT/FUNDING SOURCE None. CONCLUSION NEXT STEPS PUBLIC OUTREACH Attachments: 1. Memorial 10-2020 9.B Packet Pg. 101 9.B.a Packet Pg. 102 Attachment: Memorial 10-2020 (3068 : Gilroy Garlic Festival Memorial) City of Gilroy STAFF REPORT Agenda Item Title: Annual Update on the Downtown Improvement Incentive Program Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Trevin Barber Strategic Plan Goals ☐ Fiscal Stability  Downtown Revitalization  Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Receive report. EXECUTIVE SUMMARY On July 1, 2019, the Gilroy City Council voted to approve two one -year economic development pilot programs to stimulate Downtown business development. Collectively the pilot programs are called the Downtown Improvement Incentive Program (the Program). The two Downtown Improvement Incentive Program pilots are: 1) the Downtown Commercial Corridor Development Incentive Pilot, which temporarily reduced building and planning fees by 75%; and 2) the Downtown Façade Improvement Pilot, which offered $5,000 matching grants for facade improvements. This report serves as the final, annual update to the City Council and provides information as to the progress in implementing and concluding the Program. A summary of results follows: 9.C Packet Pg. 103 Downtown Façade Improvement Pilot:  12 total applicants with an average project budget of $14,035 and average planned reimbursement of $4,166  $50,000 in total funds reserved for projects, representing 100% utilization  $168,424 combined planned investment in downtown building improvements, including the City’s portion. This is a 337% increase over the City’s portion of $50,000  Feedback revealed the pilot was viewed favorably by local business owners and that there is interest to renew  Participating businesses are host to a combined 44 local jobs Downtown Commercial Corridor Development Incentive Pilot :  34 planning and/or building permit applications qualified  $64,738 in combined savings for all applicants  $3,753,594 estimated new assessed valuation in building improvements  Feedback revealed the pilot was viewed favorably by local business owners and that there is interest to renew BACKGROUND Over the course of 2018 and 2019 the City Council provided direction for staff to pursue a variety of economic development related activities, update the economic incentive policy, and, in a broader view, expressed an interest in expanding the City's overall economic development role. On February 19, 2019 Council provided direction to develop pilot programs to spur investment in the City of Gilroy, and specifically in key commercial corridors as identified in the Place-Based Economic Development Strategy. Generally incentives provide support for businesses looking to refresh their buildings and attract more customers. Incentives also support the use of the beneficial Opportunity Zone and New Market Tax Credits, which are available in Gilroy. On July 1, 2019, the Gilroy City Council voted to approve two one -year economic development pilot programs to stimulate Downtown business develo pment. Collectively the pilot programs are called the Downtown Improvement Incentive Program (the Program). The two Downtown Improvement Incentive Program pilots are: 1) the Downtown Commercial Corridor Development Incentive Pilot, which temporarily reduced building and planning fees by 75%; and 2) the Downtown Façade Improvement Pilot, which offered $5,000 matching grants for facade improvements. The adopted pilot programs were intended to benefit the community by facilitating economic development for a strong and resilient local economy and help implement the Strategic Goals for Revitalizing Downtown and Focusing on Revenue Driven Economic Development. 9.C Packet Pg. 104 Council requested a quarterly update on the Downtown Improvement Incentive Program. This report serves as the final quarterly update and includes information regarding The Downtown Façade Improvement Pilot and The Downtown Commercial Corridor Development Incentive Pilot, both of which were described in length during the June 17, 2019 City Council Meeting prior to the formal adoption on July 1, 2019. The following steps were taken to launch and implement the pilot programs:  Staff advertised both programs with an English and Spanish flyer explaining details and providing contact information for businesses wit hin the pilot program areas.  Staff used both map data and business license records to create a manifest of eligible businesses. Each business was sent a flyer to both the situs addresses in downtown and the mailing address of each business license holder of record for the qualifying properties.  Staff also attended a Downtown Business Association meeting to present the two programs to downtown business leaders and answer any questions they had. Staff also updated the Downtown Business Association at a seco nd meeting.  Staffed in Community Development worked collaboratively to ensure the new fee schedule was being applied to permits in the incentive area.  During the first quarter staff received feedback from applicants that the process could be streamlined by removing the three bid requirement. In the spirit of being business friendly, the City of Gilroy removed this requirement.  Staff has provided three quarterly updates to Council so far. ANALYSIS The Downtown Façade Improvement Pilot As a historic downtown, some of the structures are naturally in varying states of repair, with progress being made regularly. Continuous improvement is necessary for the rehabilitation of a more attractive downtown and is vital to generating reliable foot traffic for business growth. With the Downtown Façade Improvement Pilot, the City is not the primary actor in revitalization efforts, but rather the small business owners. Through the Façade Pilot, the City has started to create a supportive environment for downtown businesses. The Downtown Façade Improvement Pilot was able to approve a total of twelve applications during the program tenure, supporting local small businesses, and utilizing the full program funds of $50,000. Most of the applicants, seven of twelve, were submitted toward the end of the program in quarter four. Below is a summary chart for each of the applicants followed by a project description for each applicant followed by a narrative of each of the funded projects: Figure 1: Downtown Façade Improvement Pilot Participant Roster 9.C Packet Pg. 105 App # Business Name Project Address Project Budget Reserved Grant Amount Status 1 Vines and Pints 7511 Monterey Rd $15,850 $5,000 Reimbursement pending 2 El Charito Market 7638 Monterey Rd $5,340 $2,670 Construction – Restarted project due to COVID-19 3 Neon Exchange 7363 Monterey Rd $11,968 $5,000 PAID - 1/16/2020 4 Lonely Oak Brewpub 7373 Monterey Rd $12,607 $5,000 On Hold 5 Gallery 1202 7363 Monterey Rd B $7,040 $3,520 PAID - 7/20/2020 6 The Realty Society 7451 Monterey Rd $1,817 $909 PAID - 7/21/2020 7 Maxima Realty Group 7537 Monterey Rd $15,000 $3,000 Reimbursement pending 8 Maxima Realty Group 7401 Monterey Rd $19,000 $5,000 Construction 9 Maxima Realty Group 7415 Monterey Rd $25,000 $5,000 Construction 10 Maxima Realty Group 7515 Monterey Rd $25,000 $5,000 Construction 11 Maxima Realty Group 7574 Monterey Rd $20,000 $5,000 Construction 12 Ernie's Plumbing (APN): 841-06- 003 $9,800 $4,901 Reimbursement pending TOTAL $168,244 $50,000 Note: Project budget does not fully account for all of the private investment as there were often accompanying improvements outside the scope of the façade. 1. Vines and Pints – Status: Work Complete. Reimbursement Pending. Vines and Pints is a new addition to the downtown, revitalizing the building on 7511 Monterrey. Although, not open yet, plans for the wine bar include Italian décor with a rotating and simplified menu serving up appetizers such as baked olives, stuffed mushrooms, and fried artichoke hearts. For the main course, chicken piccata, beef bourguignon and lemon parmigiano pasta will be on the menu with blueberry cheesecake and lemon bars deserts. When the owner first acquired the property, the façade was not only unsightly, but also unsafe. They quickly went to work to make repairs and worked with the City to acquire permits. Vines and Pints was one of the first participants in the Community Development Department’s Early Start Program. The program was implemented to shorten the timeline of construction improvements and re models through our Building Division with a new permit process. This new process speeds up construction improvements by allowing for some construction to start and continue during the plan review process. This is done through the issue of interior non-structural demolition 9.C Packet Pg. 106 permits or non-structural tenant improvement permits prior to completion of the plan review process and thereby shortening the entire timelines of the construction project. [Vines and Pints Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11074/Vines-and-Pints-After- Photo [Vines and Pints Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11076/Vines-and-Pints-Before- Photo-2 [Vines and Pints After Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11074/Vines-and-Pints-After- Photo 2. El Charrito – Status: Work Pending. El Charrito Market, the second application, plans to replace old awnings to brighten up the business, which has operated in Gilroy for 75 years. El Charrito Market is a locally owned family business in the heart of Old Town Gilroy, with vegetables, a grocery store, fresh cut meat, masa for tortillas and tamales, and warm tortillas for parties, and specialize in a vast variety of Mexican cuisine. El Charrito Market planned for work in the beginning of 2020 but worked stopped during the shelter in place. They received an extension on time to perform and plan to complete work by the end of 2020. As of the writing of this report permits had already been pulled. [El Charrito Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11062/El-Carrito-Before-Photo 3. Neon Exchange – Status: Work Complete. Reimbursement Paid. The first approved application was for The Neon Exchange, a recent addition to the downtown core; the improvements included repairing and replacing all front façade broken glass, new signs, pressure washing, and painting. The improvements were completed in quarter two and a reimbursement was issued. The Neon exchange is a membership based co-working space and events center on the first floor while the second floor is dedicated to 20 newly renovated private offic es, all of which allows entrepreneurs and other business people to utilize office space without the traditional scale needed to rent a full building. The business and operator, Toni Bowles, was featured in the Gilroy dispatch where it was stated “she worked hard to both preserve and update the former hotel in our historic downtown." Her intent was to marry the old with the new in an effort to bridge generations together and pay tribute to the rich history 9.C Packet Pg. 107 here in Gilroy. The Neon Exchange had their grand o pening October 27, 2019 on the first floor and their certificate of occupancy on the second floor issued June 29, 2020. Applicant Comments: My experience with the Downtown Facade Improvement Program was streamlined and efficient. The City primary point of contact was communicative and very helpful every step of the way. I was facing a multitude of construction improvements on the interior over the course of the two -year project so the ability to tap into funds specific to help improve the facade helped t remendously. While the most dire work was on the interior, it was so important to pay attention to the exterior as it is often the first impression patrons will make about whether to step foot inside a business. It was important to me to take the drearin ess out of the building to making it more approachable and inviting for people to come inside and take a further look. Thank you so very much to the City of Gilroy for providing small business owners like me a little help in creating an overall improved Community footprint Downtown. While events are at a temporary halt due to Covid-19, 18 of the 20 private offices upstairs are leased with fully operationalized businesses many of which are essential services (for -profit, non- profit and government offices). For more information, please email theneonexchange@gmail.com or call us at 669-239-0007. You can also visit our website at www.theneonexchange.com and/or our Facebook and Instagram page @neonexchange -Antonia Bowles [Neon Exchange Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11070/Neon-Exchange-Before- Photo [Neon Exchange After Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11068/Neon-Exchange-After- Photo-1 [Neon Exchange After Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11069/Neon-Exchange-After- Photo-2 4. Lonely Oak Brewpub and Pizzeria – Status: Work Pending. Lonely Oak Brewpub and Pizzeria will be a new business interest in the heart of downtown and has applied for the façade pilot program to renovate the awnings, roll up doors, signs, lighting, and improve ADA compliance. Lonely Oak Brewpub and Pizzeria is planned to be a nano brewery. With construction permits issued, work is underway on the underground plumbing, framing of the brew room and kitchen prep area, and bar 9.C Packet Pg. 108 counter construction from reclaimed wood. The City recently assisted the pub owners with an onsite review of the electrical power requirement and provided guidance on upgrading the panel to a higher amp system. Their anticipated finish date is the end of 2020. [Lonely Oak Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11066/Lonely-Oak-Before-Photo-1 [Lonely Oak Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11067/Lonely-Oak-Before-Photo-2 5. Gallery 1202 – Status: Work Complete. Reimbursement Paid. Gallery 1202 is a fine art gallery in Downtown Gilroy and received a façade grant for painting, window replacement, door restoration, and signage. As stated in the South Valley magazine in “Gilroy Gallery Opens in Historic Downtown Hotel” by Erik Chaloub: “Emily McEwan-Upright envisioned a space where creative mothers and mid-career artists can display their work without the pressures and demands of a traditional fine art gallery. The result is Gallery 1202, which recently moved from the Pixley House on Fifth Street in downtown Gilroy to The Neon Exchange at 7363 Monterey St. and celebrated its grand opening in October. McEwan-Upright, who had recently completed an artist residency in Texas, used the gallery to display her own work for the first year.” Gallery 1202 continues to add to the vitality of downtown with new exhibits every few months. Gallery 1202’s most recent exhibit, Women (Un)Silenced A Survey of Contemporary Black Artists, opened on October 10th and will be on display until November 20th showcasing “six American artists who give voice to those who have been historically silenced. Each of these artists seeks to challenge their audience to adjust and question their perspective on issues such as mental health, misogyny, racism, culture, and gender by using the female figure as a tool in their respective medium.” [Gallery 1202 Women (Un)Silenced Press Release] https://ca-gilroy.civicplus.com/DocumentCenter/View/11140/DETAILED-_-Women- UnSilenced [Gallery 1202 Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11065/Gallery-1202-Before-Photo [Gallery 1202 After Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11063/Gallery-1202-After-Photo-1 [Gallery 1202 After Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11064/Gallery-1202-After-Photo-2 9.C Packet Pg. 109 6. The Realty Society – Status: Work Complete. Reimbursement Paid. The Realty Society in Downtown Gilroy is a group of real estate agents rooted in the South Bay Area, that are dedicated to providing client-centric practices that deliver an unparalleled real estate experience. In April of 2019, a vandal broke their storefront glass at 7451 Monterey Rd. To help re -build better they installed new windows with anti- shatter and anti-graffiti coating to help prevent damage in the future. The applicant had the following comments for the Cit y Council: We'd like to thank you for all of your work in this effort and for your help, specifically, with our business. The vandalism couldn't have come at a worse time...we were shut down due to COVID-19 and our brokerage had a dry spell from mid-March until the end of May. The vandalism occurred in April. Please give the City Council a huge THANK YOU in your upcoming report/meeting. The City of Gilroy truly helped a small business during a real time of need. We hope we can return the favor someday in some way. Thank you again, -Ryan Mull [The Realty Society Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11073/The-Realty-Society-Before- Photo [The Realty Society After Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11072/The-Realty-Society-After- Photo Applications 7 to 11 – Maxima Realty These projects are all for renovating vacant buildings to prepare them for lease. The following are excerpts from each of the applications section on project description. 7. 7537 Monterey Rd – Status: Work Complete. Payment Pending. “A long-term tenant of 7573 Monterey Street has recently allowed the lease to terminate and has vacated the premises. This project is intended to address certain repairs needed to the property before it is leased and improve the appearance of the property to attract a new tenant. We anticipate that tenant improvements may be made to the property once we identify the new tenant and the upgrades needed for their business. The repair project has three main components. 9.C Packet Pg. 110 Roof. There is an issue in the drain system that has caused back-up pooling and damage to the roof and interior of the building. This project will entail repair of the drain system, installation of an overflow drain and repair of the damage to the roofing material caused by the drainage backup. Exterior. There are several areas where the exterior stucco needs to be repaired and patched. This will include preparation for painting the exterior of the building. This will involve new colors consisting of a cracked wheat tone for the base and a hunter green tone for accent. See pictures. Interior. The interior of the building is in serious need of an upgrad e. We have made the decision to wait for a new tenant to work with to upgrade. So to facilitate the marketing of the property, we have opted to remove two damaged pony walls, paint the walls an eggshell white, remove the carpet and scrape the glue. We will also spray the ceiling and replace discolored T -bar ceiling panels.” [7537 Monterey Rd Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11058/7515-Monterey-Rd- Before-Photo-1 [7537 Monterey Rd After Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11060/7537-Monterey-Rd- After-Photo 8. 7401 Monterey Rd – Status: Work Pending “7401 Monterey Street is a locally designated historical building that was built around 1906. The building was declared to be an Unreinforced Masonry Building in 1991. This building has been vacant since 2007, approximately thirteen years. This property was acquired on August 27, 2007. It is our intent to fully renovate and restore this building. Since its acquisition we have retrofitted the unreinforced masonry walls, repaired the roof and framed out the second-floor residential units. We are currently working with PG&E to restore electricity and gas services to the building. The next step of the renovation project is to address the second-floor facade of the building. The first step involves the repair and of the existing stucco. This will include a skim coat over the existing stucco. This involves approximately 3,600 SF of stucco. Once complete, the second step is to prime and paint the stucco. We are in process of selecting new colors that will be submitted to the Design Committee for approval. The first and second stories of the building have approximately eighteen wood-trimmed windows. We will prime and paint the wood trim to protect it from the elements and improve the building appearance. We are in 9.C Packet Pg. 111 process of selecting new colors that will be submitted to the Design committee for approval.” [7401 Monterey Rd Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11052/7401-Monterey-Rd- Before-Photo-1 [7401 Monterey Rd Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11053/7401-Monterey-Rd- Before-Photo-2 9. 7514 Monterey Rd – Status: Work Pending “7415 Monterey Street is a locally designated historical building that was built around 1900. This building has been vacant and was not well maintained for approximately ten years. Over this time frame there has been some deterioration in the building due to weather intrusion. This property was acquired in February 2020. It is our intent to fully renovate and restore this building. One of the first steps is to update the store-front of the building to improve its marketability. At some time in the past, the transom windows were removed. The windows and double doors that span the front of the building do not comply with current code and have significantly deteriorated. We also want to address the energy efficiency of the building. It is our intent to uncover and restore the transom windows that were previously removed. In addition, we intend to replace the entire existing storefront. The new unit will feature tempered glass to meet current code and will be more energy efficient than the existing units. We will frame the windows and doors in a bronzed aluminum. We will repair the existing stucco and paint the front of the building with a new color scheme consisting of a light gray coat with a dark gray accent color.” [7514 Monterey Rd Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11056/7514-Monterey-Rd- Before-Photo-1 [7514 Monterey Rd Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11057/7514-Monterey-Rd- Before-Photo-2 10. 7515 Monterey Rd – Status: Work Pending 9.C Packet Pg. 112 “7515 Monterey Street is a locally designated historical building that was built around 1900. The building was declared to be an Unreinforced Masonry Building in 1991. This building has been vacant and not well maintained for more than ten years. Over this time frame there has been some deterioration of the building due to weather intrusion. This property was acquired in October 2019. It is our intent to fully renovate and restore this building. Since its acquisition we have developed plans to reinforce or replace the unreinforced masonry walls as well as repairing and replacing the roof. The City is currently reviewing these plans and we expect approval shortly. The next step is to concurrently address the structurally unsound front parapet and update the store -front to improve marketability. At some time in the past, the transom windows were removed. The windows and glass doors that span the front of the building do not comply with current code and have significantly deteriorated. We also want to address the energy efficiency of the building. It is our intent to uncover and restore the transom windows that were previousl y removed. In addition, we intend to replace the entire existing storefront. The new unit will feature tempered glass to meet current code and will be more energy efficient than the existing units. We will frame the windows and doors in a bronzed aluminum. We will repair and repaint the existing brick front.” [7515 Monterey Rd Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11058/7515-Monterey-Rd- Before-Photo-1 [7515 Monterey Rd Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11059/7515-Monterey-Rd- Before-Photo-2 11. 7475 Monterey Rd – Status: Work Pending “7574 Monterey Street is a locally designated historical building that was built around 1922. The building was declared to be an Unreinforced Masonry Building in 1991. This building has been vacant and not maintained since November 2007, approximately thirteen years. Over this time frame there has been significant deterioration in the building due to weather intrusion and vandalism. This property was acquired on December 30, 2019. It is our intent to fully renovate and restore this building. Since its acquisition we have replaced the unreinforced masonry wall and are in process of repairing and replacing the roof. We should be done with that shortly. The next step of the renovation project is to begin to addre ss the front and rear façade of the building. The first step involves the replacement of the existing transom windows. These 9.C Packet Pg. 113 window frames have significantly deteriorated and some of the windows are inoperable and/or broken. We have identified a window ma nufacturer that can faithfully replicate the existing windows. It is our intent to repair and/or replace the existing damaged transom windows. As part of the process we will replace or repair the window framing and headers as necessary to address wood rot. We will also reflash and water seal the windows to ensure the windows are water-tight going forward. We will also remove the awning boxes and the pigeon spikes in the front windows.” [7475 Monterey Rd Before Photo 1] https://ca-gilroy.civicplus.com/DocumentCenter/View/11054/7475-Monterey-Rd- Before-Photo-1 [7475 Monterey Rd Before Photo 2] https://ca-gilroy.civicplus.com/DocumentCenter/View/11055/7475-Monterey-Rd- Before-Photo-2 12. Ernie’s Plumbing – Status: Work Pending The City of Gilroy initiated a special volunteer lead project to repair and upd ate the parking lot north of 6th street and Railroad for the nearby youth center. The City added new pavers, colorful crepe myrtle trees, handicap pavement markings and signs, and new gorilla hair mulch in the landscaping, all with the help of volunteers and City staff. The revitalization efforts of the parking lot, led by retiree and City volunteer Rachel Munoz, then went one step further by helping Ernie’s Plumbing restore their property’s façade. When the business owner, Ernie Lopez, applied for the Faç ade Grant it was near the last day of the program. However, there was still approximately $4,900 in available funds. But for this applicant the funds would not have been put to use on a new façade. The City approved the modest funding because of the combin ed efforts to clean up the neighboring parking lot. This grant award will help improve a much blighted building allowing the challenged neighborhood area to look safe and appealing. Ernie Lopez worked with Epic paint company Danny Martin to make these new changes. In addition, the improvement project opened up conversations with the owner of the building that Mr. Lopez rents for his business. T he owner of 7411 Railroad Street Contacted Ernie has officially offered to sell the building to Ernie Lopez. Ernie is excited about purchasing this building that he has rented it for over 25 years. It is likely none of this could have ever transpired had we not been trying to improve the Railroad parking lots. “On behalf of Ernie’s Plumbing business and myself, we wish to thank the City of Gilroy for sponsoring the Downtown Façade Pilot Project.Providing seed money as an incentive to improve the façade surely help to motivate and facilitate a new look. 9.C Packet Pg. 114 The application process was not hard at all. We found out about th e Downtown façade pilot project by Downtown Gilroy Leader Gary Walton. He told us to contact Trevin Barber who was in charge of the program. Due to covid 2019, we actually thought we had missed the opportunity however Trevin assured us that it was still a possibility because we had had been coordinating and organizing with the Railroad Street Neighborhood Revitalization project in early June 2020. It was encouraging and exciting to be given the opportunity to submit the application for the façade improvement project. The application asked several good questions however we recommend revisiting the original application because in some areas it asks the same questions over and over. Once Trevin the Senior Management Analyst received the application, within a super short time we received a positive email that our application had been accepted. What a great joy and today Oct. 3, 2020, Ernie Building located at 7411 railroad has a whole new great look. The once blighted graffiti tin building now has a new soft warm positive look all thanks to the City of Gilroy Façade Pilot project. Thanks again to the City of Gilroy Downtown Façade Pilot Project, the Eastside Neighborhood and those traveling the 6th and Railroad corridor area now has a nice new pleasant modern look. Our goal for improving this building exterior was to encourage community to utilize the north and southbound Railroad parking lots. To feel safe as they strolled over to the parking lots. Passerby citizen gave thumbs up validating the new look and appearance. In final notes, we encourage City Council and City Administrator to consider continuing the Downtown Façade Pilot project giving more opportunities to other businesses who now can see the multiple positive benefits and accomplishments that have occurred. Please see the before and after photos of Ernie’s Plumbing. Respectfully, -Mr. Ernie Lopez, Plumbing Business 7411 Railroad Street -Rachel R. Muñoz Community Volunteer & Retiree City of Gilroy Police Department [Ernie’s Plumbing Before Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11078/Ernies-Plumbing-Before- Photo [Ernie’s Plumbing After Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11077/Ernies-Plumbing-After- Photo 9.C Packet Pg. 115 [Parking Lot After Photo] https://ca-gilroy.civicplus.com/DocumentCenter/View/11071/Parking-Lot-Photo-After The Downtown Commercial Corridor Development Incentive Pilot Quarter #4 by the Numbers In the fourth quarter of the pilot program (4/1/2020 – 6/30/2020), the City received 87 Planning and Zoning type permits and 301 Building and Safety type permits for a total of 388 applications. Of the 388 total applications, 5 were from qualified addresses within the Downtown Commercial Corridor Development Incentive Pilot boundary and had the new reduced fee schedule applied to their application. Of the 5 applications, 2 were for Planning and Zoning type permits and 3 were for Building and Safety type permits. The estimated valuation of the building projects is $148,320 dollars. The fees for the 5 applications would have equaled $5,33 5, but with the temporary downtown fee waiver schedule, applicants were only charged $1,334. That’s a total of $4,001 in savings. Annual Evaluation During the full tenure of the Downtown Commercial Corridor Development Incentive Pilot, permit data reveals that this pilot has decreased customer cost by a total of $64,738 across 34 planning and building permit applications. Conversely, this is also the figure for the City’s fiscal impact. The permit data reveals that there was a variety of project types in Downtown Gilroy from minor modifications and sign permits to complete reconstruction. As a historic downtown, some of the structures are naturally in varying states of repair, with progress being made regularly. Continuous improvement is necessary for the rehabilitation of an even more attractive downtown and is vital to generating reliable foot traffic for business growth. With the Downtown Commercial Corridor Development Incentive Pilot, the City is not the primary actor in revitalization efforts, instead that is the role of the small business owners. Through the Incentive Pilot, just like the Façade Pilot, the City has started to create a supportive environment for downtown businesses. Figure two below provides a full roster of the participating projects. Figure 2: Downtown Commercial Corridor Development Incentive Pilot Participant Roster Project Number Project Type Date Project Valuation Fees at 25% (Less State Fees) Total Saved 19090002 ARCH_SITE 09/04/2019 $ 4,065 $ 3,049 19090021 TBP 09/18/2019 $ 50 $ 38 9.C Packet Pg. 116 19070022 BDEMO 7/8/2019 $ 300 $ 147 $ 110 19070030 PERMIT 7/10/2019 $ 21,375 $ 983 $ 737 19070074 PERMIT 7/25/2019 $ 500 $ 250 $ 188 19070094 PERMIT 7/22/2019 $ 499 $ 395 $ 296 19080008 PERMIT 8/2/2019 $ 100 $ 250 $ 188 19080009 PERMIT 8/2/2019 $ 2,000 $ 360 $ 270 19080082 PERMIT 8/13/2019 $ 2,800,000 $ 22,479 $ 16,859 19080098 PERMIT 8/16/2019 $ 7,000 $ 437 $ 328 19080123 PERMIT 8/21/2019 $ 15,000 $ 913 $ 685 19100023 ARCH_SITE 10/15/2019 $ 4,065 $ 3,049 19110035 ARCH_SITE 11/27/2019 $ 4,065 $ 3,049 19110034 SIGN 11/27/2019 $ 140 $ 105 19110033 CUP 11/27/2019 $ 5,275 $ 3,956 19110032 ARCH_SITE 11/27/2019 $ 4,065 $ 3,049 19120038 ARCH_SITE 12/31/2019 $ 8,900 $ 6,675 19100103 PERMIT 10/9/2019 $ - $ 855 $ 641 19120067 PERMIT 12/13/2019 $ 500,000 $ 2,793 $ 2,094 19120096 PERMIT 12/19/2019 $ 500 $ 162 $ 122 19120125 PERMIT 12/30/2019 $ 8,000 $ 1,195 $ 896 20010091 PERMIT 1/28/2020 $ 100,000 $ 940 $ 705 20010111 PERMIT 1/31/2020 $ 40,000 $ 1,402 $ 1,061 20030003 PERMIT 3/2/2020 $ 30,000 $ 1,209 $ 909 20030095 PERMIT 3/16/2020 $ 80,000 $ 1,481 $ 1,334 20010036 MINOR_DEV 1/31/2020 $ 1,235 $ 926 20020013 ARCH_SITE 2/7/2020 $ 7,955 $ 5,966 20030004 MINOR_MOD 3/5/2020 $ 320 $ 240 20030015 ARCH_SITE 3/10/2020 $ 4,285 $ 3,214 20060097 BREROOFCOM $ 42,000 $ 1,101 $ 836 20060074 BMECH $ 31,320 $ 1,556 $ 1,175 20060028 BURM $ 75,000 $ 2,184 $ 1,656 20060020 MINOR_MOD 6/15/2020 $ 320 $ 240 20050001 SIGN 5/4/2020 $ 126 $ 95 Total $ 3,753,594 $ 85,956 $ 64,738 Results of the Downtown Improvement Incentive Program, Cost/Benefit By the end of the program term all of the Façade Pilot funds had been reserved for twelve approved projects and the City provided incentives, lower fees, to 34 different planning and building projects in downtown. The fiscal impact of the Façade Pilot was $50,000 and the Incentive Pilot was $64,738 for a total cost of $114,738. 9.C Packet Pg. 117 A survey of participants revealed that the programs were viewed favorably. Of the 34 projects, six participated in a short two-minute survey of seven questions. Four of the six believed that their project would not have been completed but for the pilot. One of the respondents put it this way: “The pilot program alleviated many of the financial burdens associated with opening a business in the downtown area that would have otherwise been a barrier to entry.” And another: “It is a tough time out here. The pilot program was a helping hand from the City that we appreciated.” At the writing of this report there were five completed façade projects in downtown. It is merely a matter of time until the remaining approved projects finish work on refreshing their facades. It is the intent of the applicants that these improvements will contribute to the longevity of their business investments, and in a larger sense a more vibrant and revitalized downtown. All of the improvements also compliment the larger downtown community’s efforts to fix-up buildings with unreinforced masonry. Goal 1: Expand the Tax Base by Incentivizing Investment in Downtown The first goal of the Downtown Improvement Incentive Program was to expand the tax base by incentivizing investment in downtown. This goal has two operational components 1) expand tax base, and do it by way of incentives. New investment dollars supported by the Downtown Façade Improvement Pilot across all twelve application s totals $168,424. And according to the permit data in the Figure 2, Downtown Commercial Corridor Development Incentive Pilot supported $3,753,594 of new investment in Downtown Gilroy. With an approximate overlap of $95,000 from each pilot, the total amount of new investment is approximately $3,827,018. Figure 3: Downtown Façade Improvement Pilot Change in Assessed Value of Completed Projects or Property Transfers APN AV 2018 AV 2020 AV Change AV Change Percent 799-06-054 $ 127,702 $ 405,756 $ 278,054 218% 799-08-037 $ 920,000 $ 1,530,000 $ 610,000 66% 799-08-036 $ 170,000 $ 265,000 $ 95,000 56% If the change in value for these properties is indicative of how other property’s assessed value will improve, then the City is positioned well to see a strong return on their investment. By supporting these projects the City is helping small businesses and contributing to their longevity. If the change in assessed value can be sustained then the City and the local effected taxing agencies, like schools, will realize long term benefit. For example, the City supported a project with a $5,000 grant. The change in 9.C Packet Pg. 118 the assessed value of 218% occurred when the business acquired the property and triggered a re-assessment. But for their investment the re-assessment would not have occurred. The local effected taxing agencies will receive on average 1.2% of the value on an ongoing, annual basis; 1.2% of 405,756 is $4,869, nearly matching the initial $5,000 that the City provided. The City should not assert that but for the $5,000 grant that the business would not have invested in Gilroy. However, funding the business demonstrates a concerted effort on behalf of the City to support and reward small businesses that invest in Gilroy, creating a business friendly environment. Goal 2: Decrease Vacancies in Downtown Many of the buildings in the Pilots were previously vacant, Sumano’s Bakery, Neon Exchange, Vines and Pints, and Lonely Oak Brewpub and Pizzeria. On a cursory level, we can concluded that the Program assisted business that were filling vacancies in downtown. There are also five projects in the Façade Pilot that are using the funds to fix up vacant buildings in order to better attract new tenants. These projects are promising in that they are more recent applications and therefore have future potential to attract tenants. By staffs count there will be nine less vacancies when construction is concluded and if attraction efforts are successful. Impacted by COVID-19 The impact of COVID-19 Pandemic in quarters three and four of the Program should not be understated. The pandemic caused the closure of many businesses and left projects stalled. Due to these circumstances the Program was not able to provide as much value as anticipated since new building and planning permit applications reduced considerably, as seen in Figure 2 in the Date column. According to the program details projects had a requirement of 90 days for completion. Due to the enormous and unforeseen complexity introduced by COVID, staff issued extensions on the Façade pilot projects so that all of the applicants would have additional time to achieve completion. FISCAL IMPACT/FUNDING SOURCE None. There are no actions being taken at this time, this is an informational item only. NEXT STEPS Staff anticipates returning to Council in November with economic development programming recommendations inclusive of feedback and direction received during this meeting. On longer time-frame, staff anticipates briefly following up with each of the Downtown Façade Improvement Pilot applicants to observe their continued progress and assess the growth in the City’s initial investment. 9.C Packet Pg. 119 City of Gilroy STAFF REPORT Agenda Item Title: Appointment of One Member to the Youth Commission for a Partial Term Ending September 30, 2021 Meeting Date: October 19, 2020 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 one Youth Commission member to a term ending September 30, 2021. BACKGROUND The City conducted an 18-week recruitment period from May, 2020 through the beginning of the school year to fill seven seats on the Youth Commission. We partnered with the Gilroy Unified School District (GUSD) Public Information Office to distribute the recruitment material to all Junior High and High School s through their administrative staff as well as through GUSD Twitter, Facebook and e-newsletters. The recruitment was promoted through all of our social media outlets, the City website, and through the Gilroy Chamber of Commerce, CARAS and Leadership Gilroy. 9.D Packet Pg. 120 35 applications were received during the recruitment period and the City Council interviewed 24 of the applicants at your September 14, 2020 meeting appointed 7 members at the September 21, 2020 meeting. One additional vacancy of a partial term seat ending September 30, 2021 has come open and Council is being asked to select one additiona l candidate to fill this open seat. Applicants:  Jacob Baker - appointed  Alexandra Beyret  Eshaan Billing  Claire Burke  Finley Corona  Logan Corona  Esmeralda Garcia - appointed  Katie Garrison  Alyssa Gonzalez  Winston James - appointed  Sajiv Jampani  Meyhar Kamrah - appointed  Maana Kolagotla - appointed  Alexis Kong  Kadence Lewis  Grace Longoria  Dylan Matthews  Addison Orlando  Reet Padda - appointed  Charlize Serrano  Jordyn Silva  Zachary Souza  Yashila Suresh - appointed  Kyle Verette Applicants who were not interviewed:  Andrew Bachman  Brennan Burge  Jackson Burge  Lillian Burke  Julia Fox  Joshua Jang  Edwin Lopez *  Jordan Merritt  Awa Ndao 9.D Packet Pg. 121  Ryanne Palacios  Isabella Sells * incumbent Applications for all candidates, and a regional mapping of the residential area of each applicant is included to allow Council to review the geographical representation of these applicants. CONCLUSION It is recommended that Council make one additional appointment to fill this new vacancy of an unexpired term ending September 30, 2021. Attachments: 1. 2020 Youth Commission Applications 2. 2020 Youth Commission Applicant Map 2 9.D Packet Pg. 122 Name Age Grade Incumbent School Andrew Bachman 17 12 Monte Vista Christian School Jacob Baker 15 10 Gilroy High School Alexandra Beyret 15 10 Dr. TJ Owens Gilroy Early College Academy Eshaan Billing 15 10 Dr. TJ Owens Gilroy Early College Academy Brennan Burge 13 7 Dr. TJ Owens Gilroy Early College Academy Jackson Burge 14 8 Brownell Middle School Claire Burke 15 10 Lillian Burke 14 9 Dr. TJ Owens Gilroy Early College Academy Finley Corona 12 7 Brownell Middle School Logan Corona 14 8 Julia Fox 16 10 Dr. TJ Owens Gilroy Early College Academy Esmeralda Garcia 17 12 Christopher High School Katie Garrison 14 9 Christopher High School Alyssa Gonzalez 16 11 Dr. TJ Owens Gilroy Early College Academy Winston James 14 10 Christopher High School Sajiv Jampani 13 8 Brownell Middle School Joshua Jang 14 8 Brownell Middle School Meyhar Kamrah 16 11 Dr. TJ Owens Gilroy Early College Academy Maana Kolagotla 15 10 Christopher High School Alexis Kong 16 11 Christopher High School Kadence Lewis 13 8 Ascencion Solorsano Middle School Grace Longoria 15 10 Christopher High School Edwin Lopez 15 10 Yes Dr. TJ Owens Gilroy Early College Academy Dylan Matthews 15 11 Oakwood High School Jordan Merritt 18 12 Piedmont High School Awa Ndao 17 11 Christopher High School Addison Orlando 13 8 Brownell Middle School Reet Padda 16 11 Dr. TJ Owens Gilroy Early College Academy Ryanne Palacios 14 9 Isabella Sells 15 10 California Connections Academy Charlize Serrano 15 11 Dr. TJ Owens Gilroy Early College Academy Jordyn Silva 12 7 Brownell Middle School Zachary Souza 13 7 Brownell Middle School Yashila Suresh 15 11 Christopher High School Kyle Verrette 15 10 Christopher High School 9.D.a Packet Pg. 123 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/11/2020 13:40 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Andrew Bachman Birth Date*: 11/2/2002 Address: Phone Number(s): (Email Address: Grade*: 12________ School: Monte Vista Christian School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I’m a three sport Varsity athlete in Cross Country, Soccer, and Track at Monte Vista Christian Schoo. I’ve competed and trained a lot at Christopher and Gilroy High, and have attended numerous XC meets at Gavilan College and Christmas Hill park. I was awarded MVP on my XC team, and I am the Middle Distance Captain of my Track team. In addition to my sports, I have served as a Marketing and Social Media Intern for the MVC Marketing and Communications department for two years, where I had the opportunity to meet weekly with the Marketing directors to discuss ways to broaden the school’s reach through improvements to Monte Vista’s various social media platforms. I also provided and approved content for the pages. Over the past two years, the MVC instagram page has seen a 230% increase in followers. I also serve as a selected student representative to the Associated Student Body (ASB) at MVC where I assist in the planning, preparation, and execution of dances, class competitions, and spirit weeks throughout the school year. Also, in my Sophomore year, I was selected out of all AP Government students to attend a political seminar as a MVC delegate to the Panetta Institute for Public Policy. When it comes to community service, I have had the privilege of serving multiple times with the Loaves and Fishes Family Soup Kitchen, where I assisted with food preparation and distribution to the local homeless community. I also brought my XC team to serve there where we assembled a record number of meals for an individual group. Outside the local community, I’ve also had the opportunity to serve internationally over the past five years on trips to Haiti, Uganda, and Mexico. Why would you like to be appointed to the Gilroy Youth Commission? Over the past two years, the Gilroy youth population has experienced a heartbreaking loss through the Christmas Hill Park shooting, and a dramatic Global Pandemic shutdown. Rather than being defeated and let down by these major uncontrollable events, I would be honored to 9.D.a Packet Pg. 124 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/11/2020 13:40 contribute to the solution of these problems through providing my perspective to the Gilroy Youth Commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem currently facing the youth of Gilroy is a lack of social connection. Regardless of the current coronavirus situation, I think there aren’t many places for teens to interact and spend time together socially. If appointed, I would love to provide insight and serve in any way possible to assist with the solution of this problem and any other agenda the committee is working to achieve. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 125 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 5:39:06 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Jacob Baker Birth Date*: 03/03/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: Gilroy High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have volunteered for the Gilroy Recreation Department for the past three years, I have worked with the Gilroy Adaptive program, and I was a member of the Gilroy Foundation in middle school. Furthermore, I have over 110 volunteer hours from my freshman year of high school from participating in various opportunities that have arisen throughout the school year. I am currently helping with the Unravel Pediatric Cancer Flutter campaign. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I believe my insight as a well-rounded high school student would provide useful information from all points of view. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problems facing the youth of Gilroy today is vaping and adjusting to distance learning due to COVID-19. To face the vaping problem facing Gilroy high schools and middle schools, I would research the negative health impact of vaping and youth smoking and create a campaign to all students that discourages such unhealthy activities. For distance learning, I would help struggling students with helpful tips and strategies that have helped me be successful so far while virtually learning. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 126 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/11/2020 14:19 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Alexandra Beyret Birth Date*: 3032005 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. Tj Owens Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am part of the Ciel Tutoring service in Gilroy, have volunteered for two seasons in the Gilroy Public Library, am a leader in Gilroy's League of Writers, which teaches children writing skills, and have helped at various events at multiple schools. I am also part of the UN Women's team which helps empower women all throughout the world; an ambassador for LetHerLearn, a worldwide organization that helps underprivileged girls with education; the director of Chemistry for my county's StemPowerment chapter; and have created my own organization, We Voice, that connects students all around the world (currently from 11 countries) to let their voices be heard on global affairs and events that matter to them. This has all taught me so many leadership skills and has broadened my perspective on life. Why would you like to be appointed to the Gilroy Youth Commission? Diversity means change. Whether that diversity means different ages, races, ethnicities, opinions, genders, or identities. Diversity will bring a rise in a plethora of new opinions,and in turn, change. And I want to make my part in being part of the diversity that brings change that betters Gilroy as a whole. I am a mixed race (white and middle eastern) teen coming from parents who are both immigrants. Working hard, I have learned English and Spanish on top of my two original languages, Polish and Turkish. Being mixed, a child of immigrants, and not knowing English until kindergarten has given me experiences not many have gone through, helping me shape the way I see the world. I know how difficult things may be for children who are mixed, and especially middle eastern. I know how life may be difficult when both of your parents didn't grow up in the United States. I know how difficult it may be to learn English while everyone else can already speak it. And I want to act on that. Because of my experiences, I have a view so few have. A view and opinion that can help influence the Gilroy Youth Commission and help make Gilroy a place even better than it is today. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I want the voices of youth to be heard. That's the greatest problem that's happening right now. To many people are shutting down the opinions of youth before even allowing them to finish their full thoughts. I want all people (no matter age, race, identity, or gender) to feel accepted in society and not worry about if their opinion is valid enough. To solve this, it would inherently take fixing from the core of society, however there are steps to take. Initially, I would want to have more events/contests in which youth are able to write/speak on their thoughts. This can 9.D.a Packet Pg. 127 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/11/2020 14:19 be really anything ranging from poetry/writing contests, art shows, and more. Anything to bring positive vibes towards the youth. Secondly, I would want to enable something that could connect more youth. Even though there are multiple programs, these are hard to access and many people don't have time for such. However, if there was some program more accessible and less demanding, I feel more people would be involved. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 128 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/2/2020 9:50:47 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Eshaan Billing Birth Date*: 7/24/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: GECA Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: My name is Eshaan Billing and I'm a Sophomore at GECA. I belong to a family of highly educated parents. We have been living in Gilroy since 2009. I'm very motivated and driven individual and have done an extensive amount of community service in last one year. I have been tutoring at CIEL as a volunteer since August 2019 under guidance of Diane who runs the program. I earned about 100 hours of volunteer hour in almost one year at this facility teaching elementary and middle school students. I was member of Gilroy Library Teen Advisory board which honed my skills and provided me a platform to understand the workings of committees involved in community improvement projects. I have also volunteered a various events in Gilroy such as fundraising for Garlic Festival Shooting hosted by Rotary Club, one week Youth Camp Leader in Winter held at Watsonville, etc. In total, I have done about 200 hours of volunteer work in one year. My grandparents own a convenience store in Gilroy. When COVID started, I decided to help my grandparents in their store. Since April, I have been helping them in the store on volunteer basis working about 4 hours daily. I have continued to do that even after the school started last month. This has not only helped my grandparents during this tough time, but it also developed a sense of work ethic for me. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to help my community more than what I already do. This is a tough time for everyone because of COVID 19 and I would like to part of the solution to help. I also would like to be the voice at the table to provide solutions for the problems facing the youth of our city. I strongly feel that the problems faced by citizens can only be solved by collective community service that all of us should do. That is why I want to apply to this commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? In my opinion, the biggest youth problem facing the youth is related to Covid 19 situation. With online schooling, the environment changes for everyone. When everyone goes to school, everyone is learning in the same environment; however, home conditions, wifi connections, home size, family environment, etc is not same for all families and those who don't have good environment suffer academically vs those who have ideal environment at home. I think that the city should work with school district to provide in person schooling even if it is done outside with social distancing protocol. 9.D.a Packet Pg. 129 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/2/2020 9:50:47 AM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 130 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*: Brennan Burge Birth Date*: 01-17-07 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some activities that I have done to help the Gilroy community include the following: volunteering to help at my Elementary school Fall festival, cleaning up trash in some of the town parks, taking time to help the teacher during lunch so they can let there class do more fun activities. With helping at the fall festival it provides the schools community and kids something fun to look towards and be happy to go to. Cleaning up trash makes the parks more enjoyable for anyone to play at. When kids have fun activities at school it makes school more enjoyable witch makes students more ethusyastct to attend school. Some groups that I have been in that can qualify me for this commission include, City Junior Recreation Leader Group, at the moment I am waiting for my training to officially qualify me to me to volunteer. I have also been apart of my school's student council. Those are a few orginizations/groups i have been apart of that would help me succed in the City of Gileoy Youth Commision. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be apart of the Gilroy Youth Commission because I think it could have a positive impact on changing some of the problems the youth face if there are opinions from one of the youth. Being a part of the youth in the gilroy community I see some of the problems the youth face directly. I can see and relate to these issues, this can lead to myself putting in positive ideas that can have a great impact on changing/improving these problems. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that the youth face in gilroy is bullying in schools, online, and in general. If I was appointed to change this issue some of the steps I would take are as followed. I would make a survey to see how many people have been bullied, what for, how they would want to see it change/ how they would change it, or if they have ever bullied anyone and why. This would show us what actions we need to take to fix this problem. Then we would take whatever action we would need to take. After it has been taken care of wecould makeanother survey to see if it has improved the situation, asking if they have seen and improvment and in what way. Those are a few steps that I would take to improve on one of the big problems the youth are facing in gilroy. There are other issues I have seen with in the youth such as the nicotine issues, and disscrimintation, this can be improved by education. Going to the youth and teaching them on the negitive effects of Julling and how everyone is the same. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 131 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*: Jackson Burge Birth Date*: 01-16-2006 Address: Phone Number(s): (Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Most of my previous experience with organizations similar to the Youth Commission have been with school groups such as the El Roble Student Council in 3rd and 4th grade, along with the Rucker Student Council when I attended that school for 5th grade G.A.T.E. My most recent experience was with the Brownell Associated Student Body in 6th and 7th grade. with five years of doing similar task but on a smaller scale, the Youth Commission seems like an appropriate promotion. Why would you like to be appointed to the Gilroy Youth Commission? I believe that having experience with a committee such as the Youth Commission would allow for a variety of career choices further down the road. The differences between a school council and a city council are major, despite the fact that said city council mostly impacts the youth. Being able to support the children and teenagers would give me something to work for and support other than school, also providing me with knowledge of how a more official council of representatives functions. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I have noticed a plethora of safety issues when it comes to the people of my age. Most or them are in regard of transportation to and from school. Countless times I have had to back up on a cross walk because some one decides that they have wasted enough time waiting and they don't need to look up from their phone to make sure no one is crossing. This is baffling because it happens most often in school zones, where parents are picking up or dropping off their kids. Students usually have safety programs for crossing roads and walking/biking to and from school, however, we should also have some form of hand out for parents that goes along with said programs. This may reach the target audience of drivers who are slightly impatient. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 132 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Birth date*: t'\Gt,,(G,\ri 1. 1 zooS Address: Grade*: \0 Please list your background, including community service within the City ~f Gilroy,~"? a~y prior experience with groups or organizations that would qualify you for this Commis5 ,on~ I ,._ n /J .n C. "",/J (.ovl'\~~,or, » Vo\uf\t~f('fd a.t ..,,.,tro'i t'[t~~·d:e<1<.it\ , ... c,d\l'IT G(S q " ~ • Vol>oteer '1t-St ,I,seeh'~ fu,,,l 0( 1v'~ oft,el\ 4<J c.l I :U -l..t fesvc.1J C<c 6he C\-\c,sbcener \>0¢ \ fur ~ 'j ,~r~. I q\)o vo]vAteer Ci C the Gn\(°'1 U SJ. Sec.r½ &yMl)4St,c) Aec{t4i ,005\ i'1~ ct-911v ,l'::1 · Why would you like to be appointed to the Gilroy Youth Commission? -r: (...A.JC.f\t'" to he\{) M~~ c'n~o~es. ·,o mi u:>.IY\MvA;tt:f <:<Ae-i voc,\,1r~~"c( hoc;-J t,eeC\q.9ers c.c::iri c.hei"'ae the,, CoC't\tvtv'l,t,e~ -fur bkt, ter What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The. u,~f/e~t: (> ro'olen"') tqc,l\g -Che, ~t\., of bt\ \fO':f \'> t\~ \Cfe, ~ Of-OVtfec;c."' O.l\c.( out:Y\ even~. I e,.vsot: ~o he-\o 9 et "(Ylore £eCJplf, , f\yo\v~ b't c,'½~\~ ev~Ats ~ ~<>.Jtvl '(V'lof'l t.-ue.,\\-\4}c.)~I). Reapplying Commissioners: What can you do to improve your previous perfonnance on the Commission? --------------------- 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 GIiroy accepts apphcat,ons at any t me and will kee p them on file for one year 9.D.a Packet Pg. 133 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/12/2020 14:22 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Lillian Burke Birth Date*: 5/14/2006 Address: Phone Number(s): (Email Address: Grade*: 9________ School: DR. TJ OWENS GILROY EARLY COLLEGE ACADEMY Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been involved in many organizations in Gilroy for example, Jr Guard, Garlic Festival Clean Up, ASB President, Counselor for Day Camp at GPC, and CJSF board. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I feel that this would be an amazing experience for me to help Gilroy. I also feel that I could bring a different opinion and point of view about the youth issues in Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem the youth of Gilroy are facing is not feeling accepted in school. If I am appointed I will take the time to ask the youth what they feel could make this issue better. I would then bring it up with the City Council to find an appropriate solution to the problem at hand to make sure they feel more safe and accepted in their school environment. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 134 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/18/2020 16:35 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Finley Corona Birth Date*: 9/2/2008 Address: Phone Number(s): (Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Volunteer, Gilroy Holiday Parade Volunteer, Fifth Street Live Volunteer, Luigi Aprea Talent Show Why would you like to be appointed to the Gilroy Youth Commission? I want to broaden my horizons and serve my city. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Right now, COVID is the biggest problem facing the youth of Gilroy. Kids want to connect with people and we can't. If appointed, I would like to set up Zoom meetings for kids in Gilroy with similar interests from all over. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 135 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application r for the Gilroy Youth Commission 1 M110()!5_ Name*: 05r A G-rOVACk Birth date*: 046)\_N . Address: y Phone number(s) : email address: w list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify yoru for this Commission: lA rt-r of px f P- 6 erlcCs W /'k cl-I Qf C i )roU (fir t y 1 lr Y 1 5 .; llti(n 1Y{aJ lr% df V r, GVn 1 ri Fe .A' , V C V k po'r"e 1. co V 1 `A s VY3f s,,'t--Q V -e_V[ & J_ WA 6WY i V f , pia Irr ur^ ' .' - ;L fun for4 Why would you like to be appointed to the Gilroy Youth Commission?_y— V4(9 as 6e- CavkS t c9, What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The, ev,\ Vtr -ert 0,y1. To is wt 5 V d r Grs (j Y _eA.Cl ivy f re Y f" n.r 4r. aV-1n `A-e o, ` arse. Ser r u,,'s` d. f Q wa wtalf-c. re 12l M1ow Reapplying ommissioners:l lfh t can you do to improve your previous performance on the Commission? T Vt Wvevtr- C6ne, tS lam., 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 nawna. freelsC@ci.a ilrov.c, The City of Gilroy accepts applications at any time and will keep them on file for one year 9.D.a Packet Pg. 136 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*: Julia Fox Birth Date*: 05/22/2004 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some of my prior experience working with the City of Gilroy was volunteering each year at the Garlic Festival. At the festival, I assisted the Christopher High School water polo team with keg rolling or the Gilroy Gators with food preparation. I also volunteered for the South County Tail Waggers when their event came to my neighborhood. It was satisfying to help my community and I had fun working with my peers. Currently, I am offering my services to my fellow students and staff at Dr. TJ Owens Gilroy Early College Academy (GECA). I am tutoring freshmen and sophomores. Also, I am a teacher aide for my freshman English teacher, Mrs. Omainsky. Why would you like to be appointed to the Gilroy Youth Commission? I would love to be appointed to the Gilroy Youth Commission because I will make an impact on this wonderful community. I want to work towards bringing the community closer together, especially after this tragic event. I also want to encourage the youth to participate more in community activities. I think the Gilroy Youth Commission and the youth in Gilroy could benefit from my shared experiences, like the struggles we may all face in school. I also want to be appointed because I have an interest in how a local government functions and I am looking for more opportunities to volunteer my time and effort. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe the biggest problem facing the youth is the stress or anxiety they may face at home or school. Most kids are afraid or unable to go to counselors to discuss the obstacles they may be facing. If I am appointed, I want to work on reaching out to those who are struggling. I think this is necessary because it is something that is blocking us from getting closer together. Those who are struggling must have an output to feel safe in our community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 137 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/20/2020 22:44 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Esmeralda Garcia Birth Date*: 5/17/2003 Address: Phone Number(s): (Email Address: Grade*: 12________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been involved with the following programs and organizations: GUSD Communications Internship, South Bay Youth Changemakers, South County Youth Task Force- Youth Circle, GENUP Gilroy Chapter, and I've also done community service with St. Mary's Lord's Table Service. I'm also heavily involved in school and clubs such as Speech and Debate, Interact, etc which have allowed me to do some incredible collaborations with our local Rotary Club and Lion's club. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to be part of the Gilroy Youth Commission because I would love to become more involved in striving for change within my community. I think more now than ever it is a time to step back and realize that there is room for positive improvement. With that being said, I am extremely passionate, outspoken, and dedicated with everything I do. I think by appointing me to be apart of the Gilroy Youth Commission I will bring new ideas and take initiative to help guide conversations of change. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe the biggest problem youth is facing in Gilroy is mental health issues. Many youth and teenagers experience forms of mental health related problems. The way I would address the issue is by providing resources to not only youth but also adults. Youth can take initiative to face their mental health issues but they need support from their peers and family members especially adults and parents. I would also try to involve those resources at school. I would invest in youth by incorporating trained therapists and counselors into school. Wether it be online or in person, youth need to have access to mental health resources. I would also try and help low income families and connect with them to free resources that can help them out, that way no one is left out. I would also have counselors/therapists have a once a month check in with students and catch up with them, that way students not only build trust but learn to be open with how they feel. In many schools and cities such as Palo Alto there are places set up called "Wellness Centers" usually in schools where it is a supervised area with adults and youth can just have a space to connect with counselors/therapists, spend some time to destress and color, and have an area of comfort. I would advocate to put some of these centers in schools. Lastly, I would also educate others on these issues. Maybe host teach ins where youth and their parents can attend these teach ins and learn about how mental health is actually a serious issue but with the proper help and support, many can overcome these issues with time and healing. That way not only is it educating parents and youth but it also creates a sense of community, unity, and bonding with those who also need aid. 9.D.a Packet Pg. 138 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/20/2020 22:44 Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 139 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 5:42:20 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Katie Garrison Birth Date*: April 15th, 2006 Address: Phone Number(s): Email Address: Grade*: 9 School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Growing up, I have always played sports. I swam for 4 and 1/2 years, ran cross-country and track for 3 years, and played water polo and tennis very briefly. The sport that I am currently doing and have settled upon is field hockey, and I hope to continue field hockey at the collegiate level. In the summer, I teach swim lessons at Christopher High to little kids. Not only is this community service, but I love helping little kids, and seeing their smiling faces after they learn a new skill or meet a new friend is a reward in itself! Not too long ago, I joined a non- profit, faith -based organization at Christopher High called One Heart to Another. At this organization, we plan projects such as bags full of toiletries to youth in foster care, learn, pray, and most of all, get to know each other and have fun! Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to voice my opinions on issues regarding youth and help youth in any way possible. I also am curious about the inner workings of the City Council, and learning more about what the City Council does. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that one of the biggest problems facing the youth of Gilroy is depression and low self- esteem. If I am appointed, I will address these problems by offering any potential help and guidance to the City Council regarding these prominent issues and put together some fun events that raise awareness to problems like depression and low self-esteem for the youth of Gilroy to partake in. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 140 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 7:14:49 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Alvssa Gonzalez Birth Date*: 09/05/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Dr. TJ Owens Gilrov Early Colleae Academv Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have always been a big person on community and the importance of communication within peoples to improve further the well being of everyone. This mindset has led me to be very involved in community service as I have participated in several San Ysidro activities, such as National Night Out, Party in the Park, and multiple back to school packing workshops that helped serve the lower -income families in Gilroy. One of my passions is helping the youth expand their knowledge and unleash their true potential, which prompted me also to join STEAM4Students, which is a youth -led program that teaches students the principles of science, technology, engineering, arts, and math in new and innovative manners through interactive courses, experiments, and lesson plans all created by the appointed members with Gilroy's elementary schools. I am the lead coordinator for STEAM, which puts me in a position to interact with school principals and my team to assure that when we return, we are igniting the fire in Gilroy's youth to pursue what they wish to be in the future. I am also President of the G.E.N.U.P. Gilroy Unified chapter, which is a segment of a state-wide coalition of students who are striving for education equity and reform throughout California but starting with local powers. To fulfill my position as President, I know how to hold myself and others accountable for their responsibilities and thoroughly communicate with them as we plan advertisements and fundraisers for our campaigns as I simultaneously am in contact with state senators and the G.E.N.U.P. executive board to start the change youth in Gilroy deserve efficiently. Additionally, I am the Attorney General at G.E.C.A.'s Tribunal, which puts me in a position to empathize and understand the students there not to punish them for their violations of the Honor Code but to work with the other 11 members of the Tribunal and help the student realize and learn from their mistakes to succeed at G.E.C.A., Gavilan, and the real world. I am also a member of Santa Clara County's Girl's Advisory Team, where I learn and create projects about the importance of women empowerment as well as form community values with the other members as we collaborate and discuss future project plans and how to reach all our communities. I am also a student leader for the organization G.L.O.W., Gilroy League of Writers, which empowers students and youth to improve their writing skills and learn about the various expressions they can convey their thoughts through a literary perspective, as well as being an active member of the Gilroy Innovators. Why would you like to be appointed to the Gilroy Youth Commission? I believe that the future is youth. It can be easy to undermine the abilities of youth for their age or lack of experience. Still, I see this as a tool to redirect the confusing life they live and create a sense of community that can benefit everyone. My experience in various organizations allows me to effectively utilize my communication and leadership skills to observe what youth in Gilroy struggle with and help to foster a more positive and accepting environment for the diverse 9.D.a Packet Pg. 141 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 7:14:49 PM populations. Coming from an underrepresented minority group, I grew up socially accustomed to being pushed aside or neglected, but the passion I have to allow youth, older and younger than me, to live in a city where their opinions matter is the core of my existence. The changes we see in the world will only happen if the youth work together, and I believe that I acquire the necessary social skills to gather support for topics prevalent in Gilroy and can help create a loving environment Gilroy truly embodies. I am a member of the youth for the youth, and I will do everything in my power to help my community flourish into the supporting city to Gilroy has the potential to be. Through hard work and collaboration of Gikroy's youth, they can strengthen the bond between each other and others, and it would be an honor to be able to be a part of that group who prioritizes service over self. There has always been a flame in me at a young age; whether that be for academics or my community, I could not sit still. From friends and acquaintances around Gilroy, I know what I can do to help them live the best life at Gilroy and address the issues left untouched before being for the people. I cannot stand still knowing that someone is unhappy or discontent, and I will do everything in my power to work with the whole youth commission to gather support from the next generation of leaders and stressing the importance of collaboration and teamwork since nothing can be done if it is not with a team. I believe that the organizations I am a part of have taught me how to work with people and get our goals achieved while taking action for those silenced voices. If the youth is commonly silenced or refrain from letting their voice shine throughout Gilroy, I believe that I can help be the person who illuminates their pathway and allows for them to be heard as they build confidence in themselves. The Gilroy Youth commission is an opportunity to unveil those silenced voices of Gilroy's youth, and being a part of the board would allow me to address issues to a whole board and build my own confidence to let people hear my voice as I am here to stay. My love for the community and for the youth is strong as I witness the hardships of teenage life with school, friends, and family, but advocating for them is my main propriety that surpasses any hindrance in my life. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel like one of the biggest problems facing the youth of Gilroy would be the negligence of their mental health that is often subsided through self derogatory jokes. With the stress of school, friends, and family, one is bound to feel the weight of the world on their shoulders as the youth is expected to balance everything while maintaining proper mental health. While trying to take AP classes and passing them, the stress of college and the future is daunting to many youths in all grade levels. Then, there is the issue of social life, do they have friends? Are they being bullied? Do they feel safe at school? These questions can underline some experiences of youth in Gilroy as they go through their journey of losing friends and trying to find an accepting friend group they can confide in. Additionally, there is also the stress of family life as one can have issues arising on a family member's health, or an unhealthy relationship with parents and the misunderstanding that coincides with age gaps within societal norms. All of these main ideas leads to poor mental health as the youth stresses to meet all requirements and further advance themselves into the next stage of their lives. Commonly seen within Generation Z, there is the self -deprecating humor that can be seen as a coping mechanism, but those jokes could be seen as a call for help. There needs to be a place and evident resources where students can vent or relieve stress in a comfortable environment, away from societal expectations of them. If I were appointed, I would work with the team to converse about how we see mental health discussed at schools and how youth, throughout all ages, can experience trials that are detrimental to their mental health. I would discuss having breakout sessions, in this online format, where students could learn about how to deal with complicated emotions and provide at-home resources, such as meditation, that can help calm the nerves of progressing into the next stage of life. Everything is about contacting people and collaborating, so we could reach a mental health specialist to help inform people about how they can handle those emotions and the importance of balance and time management, so everything seems a bit more manageable in times of uncertainty. I think it could also be useful to implement efforts within the school to make mental health resources more evident, without having to deal with the 9.D.a Packet Pg. 142 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 7:14:49 PM research of digging through the schools' website to find an appropriate counselor to help them and eliminate the taboo behavior we, as a community, treat mental health. We need to take care of our youth as they are the generation of change that will lead Gilroy into its next stage of life. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 143 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) f City of Gilroy Application for the Gilroy Youth Commission Name*: ½/iVlSinv"\ JaVY1e~ Birth Date*: IO -lo -0 5 Address: Phone Number(s): Email Address: Grade*: lO School: Ch l"i sto p\i\er \"tl()V) 3c\1ooJ Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: A-+ Su1n± Muu/5 ~½vol 1 ~(;{\/€. do\('e fte tbllov.-);A~ ~. 3e\[0 ~ (A'.) T~e lt'.GV\6?\o\Cf)'-/ Covvi~sl ovier i11 7tf.1 (rv~, ,o-V\ (pr Sty~\ (ovvici I 'Pies,· ~"'t ;81 8ii--i Gv-CtckJ l1Vld V)O,\Jt, di,vie, Y'N)N\~ 8f!Jtice f'OjeGh &eye 81.)CV\ U) Le,~~ Iv.hie. 1\'\ 8°~ Sc.civt )(oor 9(2. T ¼c..-v~ i/1 .e fo\\oVJi11 ',bviHt :ze,'o 0 L°"'' Civbi &iV1J\1Wht1 Q\t\6 ov,lt c.. ({;vV'evq-vvo.ll c..t i-\.--.e. ;l'l:>'f. 3-P"''n !f<,.rJ,. -cont-fYex~f~Je( . Why would you like to be appointed to the Gilroy Youth Commission? J tlS pe.cq._u-se-I WaM:t Jo "1e)r OVIO g;ve buck k #le CoVl1W)VV\ifyu LJ\1 \v-o,, \v:i.s 31\/6,-\ VVle 9;re.cs+ veSoufce5; tltWl or~ &~\JCOJuv1 Cl ~ vi-hi 0-~J\ \I\ e G-i;\Yo futic &ck,' ~)~I.Ci~; h;\oi "10.s V\e\YE) lfw; iri <oo mavi'f wrN--tp-Aswd\ Q.,1 fuv.t \:ec,c,.ose o+ \-ne xro')V{e ?)JV/\ fl? fv)0 by We &~\(o\l C.OUn,il, L ~ee. ~-e\N\ a~·Ylto6e.\sp,v,~ ~0(/\) j-b'klpG 1'/roy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I' owi (<JVJ.C ev:f)~ 0{ +et e-ia~-0.fc. I fu fer~ l'.!yfue, \(Ourh, ]ve., ID Covi~ -\q 1 }; 6$ (p/'f, ~e~½ o-.f-how.e, Cd{ Hi,.e dYV1Me aYJ~ l,A,f, dov" 't kVICM1 Q bov ~ how H-7:ey {)ve, treo~ ~ ttA-t-i r ~lCv,f~tCiV\S-Prrt) ~~oV@\ti &x:,1CAI fJJ.I\ O,,Jt, \v,e~ 1/\\{i C\. \L \Ct , ~ V' ~ ov \5 S' ~,e{. ewe..,+ ~ fU\t.P~ Cl S\ISWJ/\1\ -+-o evB\J 1e. <; r (>. e (lV\h we,l VtV.5 t"" 01Me O-.V\e (OU · i e. '°'-""~ ov1¼~e-~ Reappfying Comlnissioners: What can you d 10 improve your previous pertormance on the Commission? ------------------------- 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.D.a Packet Pg. 144 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) Cbe hAIM hoe c{ 'ti ',st 6lues fit,.,, -b use ,,f--/1,-e 0, ii~ y I/le." I •c re,h va I ~fnlk/1':} . tl\owu .. 1VloWe) C,vV)~ bvSiv-eSC;tS were 0VJtsb_\e,2,. Sol lV'tA1 'I{!µ-~ rk,, kil9 vi~' c.ro\c.w ( I) ~ lt~.s co~ra~ \1u1t-J .'rc,\v~''j M~ie.\ f-1 We. CVe»..te,;~ Cl ~(\~ fr.,,,~ w\-ie-ve.,, \;'le <ao\ b foo~ \}\le, Cro~~ ~,,-t-k.-O?V\l\fthfi'o/\ CA,V\~ ov-c\i0/\.e,'o \fe~J ~ {Y'Of\~ fy)i5 y\l\Ofll?- j t-')n -r'\_ \ ~ ~ '""'-VtCtil'vtS ()V\,d' ~uSl"1. efS~. 0 .. \':, e; 'b c.J e / 'f .. 7-.-) oo O . I YtCf\, T 'Mc)v'\e.>-t vv0,':) 9.D.a Packet Pg. 145 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 9:18:31 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Sajiv Jampani Birth Date*: 04/01/2007 Address: Phone Number(s): Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am an Indo-Fijian American born and raised in Gilroy. I do not have volunteer experience due to my age, but I have been helping at my school, friends, and family. Some experiences that I have: Cyber Security Team - competitor captain Testing and validating security measures for online websites Students Leading Education (SLED) - member The team in Gilroy is a network of student leaders engaging the school district in solving real problems that students, teachers, and the community have to deal with. Associated Student Body (ASB) - member Last two years, I have been helping to plan fundraising and fun events at my school. Unfortunately, we do not have it this year due to distance learning Why would you like to be appointed to the Gilroy Youth Commission? With my knowledge and background in coding, I can quickly help communicate the important information to the youth of Gilroy using online media and website content. Especially during this COVID-19 crisis, where social and distance learning are the most important factors, I can help the youth connect virtually in an effective and beneficial way. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Currently, the biggest problem I feel is the impact of COVID-19 on the youth of Gilroy due to the lack of social interaction and emotional support. I will take the following steps to address this issue: Firstly, I will organize virtual, inspiring, interactive, emotional support sessions with experts from the Bay Area as an after school meeting. Secondly, I will start virtual meditation, games, and exercise hang-outs so kids can have fun and not miss out on the fun things they would do without COVID-19. Last but not least, I would set up social distance compliant meet-ups in public parks at least once a week in small groups to share common concerns. 9.D.a Packet Pg. 146 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 9:18:31 PM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 147 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) The community service in Gilroy that I have done: Kindness Club - Decorated and delivered pumpkins to Wheeler Manor residents Inspirational Posters around Campus Coin Drive for San Martin Animal Shelter Letters to Soldiers Warm Clothing Drive for St Joseph's Center Painted and Planted Rocks to be placed around the community to spread kindness and hope. 9.D.a Packet Pg. 148 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Birth Date*: 01/12/2006Name*: Joshua Jang Address: Phone Number(s): Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In the past, I have participated in student council during fourth and fifth grade at Rucker Elementary. I also helped with ASB at Browned during sixth grade. I hope this is enough experience for me to be able to qualify for the youth commission. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission, because I would like to help make Gilroy a better place. As an eighth grader at Brownell, I often feel the lack of being listened to. I know Gilroy and the Gilroy Unified School District are trying to give students and minors a voice. However, rarely is there a time that students are listened to. I want to join the Gilroy Youth Commission to hopefully receive a voice and say in the matters of our city. There are plenty of great students who have good ideas that can benefit Gilroy. I could collect ideas from peers around me and offer them at meetings. I want to help the community and make a positive impact. I will admit another reason is that I can benefit from the program. This could get me volunteer hours and would look good on my college resume, but my focus is on helping Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The youth of Gilroy is very diverse. There are plenty of students who would like to build up Gilroy and plenty who don't care. If I were to be completely honest, at least half of the students at my current school don't care what is happening to Gilroy. That's where my problem comes from. The biggest problem of facing the youth of Gilroy is being taken seriously and being listened to. If I had to be honest I am probably in the middle of the popularity scale and the way middle school works is the more popular you are, the better people listen to you. A lot of these students don't want to be at school and really don't care about much. If I were to give a speech to the youth of Gilroy there wouldn't be many who'd care about what I was saying. That is why I have a plan to address the problem. In order to face minors of Gilroy and truly get something out of that time and spread a message, that message needs to be conveyed in a relatable way to them. If something is more relatable to a person, they will be more engaged and comprehend better. That is why authors use similes or metaphors, because deep, meaningful concepts are hard to understand. When an author uses a simile or metaphor, the reader can understand the concept, because it is now in a simpler idea. People are also more likely to be more interested in something if they are familiar with it and it impacts them. I feel I can show how events and happenings in Gilroy and the city's atmosphere impacts them. This can help the youth of Gilroy understand and be willing to help. 9.D.a Packet Pg. 149 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 150 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/14/2020 11:40:37 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Mevhar Kamrah Birth Date*: 01/24/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Dr. Ti Owens Gilrov Early College Academv Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have an extensive background doing community service in Gilroy. I am one of the leaders of the Red Cross Club at GECA, where I have worked with leaders throughout Silicon Valley to organize initiatives. I organized fundraisers for the Operation Smile club at my school to support children with cleft palates in third -world countries. I am the co -director at STEAM4STUDENTS, where I manage and teach elementary school students throughout Gilroy. Moreover, I am also actively working with the Thoracic surgery research team at Stanford University to find solutions. I have also recently completed the Cardiothoracic Surgical Skills Summer Internship at Stanford University. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission so that I can help find meaningful learning opportunities for the young minds of Gilroy. Exposure to different careers at a young age can help positively mold the minds of the youth and help them find their calling and be the change they want to see in the world. Furthermore, I want to bring the Gilroy community together during these unprecedented times so that we come out stronger, better than ever. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Currently, due to the virtual learning environment, the lines between school and home are blurred. Online learning can be challenging for students, especially when they do not have the necessary support and feeling of community. The online environment has caused students to be disconnected from their friends, peers, teachers, etc. To rectify this, I would like to plan and execute initiatives that safely bring the community together and make young people feel supported. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 151 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9.D.a Packet Pg. 152 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9.D.a Packet Pg. 153 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/31/2020 12:35:02 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Alexis Kong Birth Date*: January 22, 2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have had several leadership experiences and positions in the past that qualify me for this position. I have been a member of the Gilroy Foundation Youth Board for the last three years. At Christopher High School, I have also served as Freshman Class Secretary and Sophomore Class President, and I will be serving as Junior Class Secretary this year. I am also a volunteer tutor for the Beyond Learning Tutoring Program at Christopher High School. This year, I will be serving as the CHS Asian Student Union Treasurer as well as a CHS Speech and Debate Council Member. In addition to these positions, I also have experience in the ASB/Leadership program at Christopher High School. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I have been a part of various leadership programs in the past, and I love being involved and getting to advocate for my peers. I enjoy being a leader and having an active role in making things happen, whether it is event planning in ASB or volunteering at St. Joseph's Center. I would like to be appointed to the Gilroy Youth Commission so that I can have a more active role in the community and so that I can better advocate for my peers within Gilroy. I would also like to be part of the change and work towards improving the community for everyone. Being appointed to the Gilroy Youth Commission would allow me to play a more active role in society and give back to the community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem currently facing the youth of Gilroy is maintaining a positive mental health in coping with the pandemic and the situations it has presented us with. If appointed to the Youth Commission, I would create more opportunities for the youth of Gilroy to interact with one another and express themselves. I would do so through virtual meetings and activities to allow for more social interaction from home. I would also create more activities and ways for the youth of Gilroy to be involved in the community, such as virtual volunteer opportunities or interactive games and contests to keep everyone engaged. I can also find various resources, including support groups and programs, for those who may be struggling with maintaining their mental health so that they feel supported during this difficult time. While it is a difficult task, if appointed to the Gilroy Youth Commission, I will do my very best to create a positive environment for the youth of Gilroy by implementing more activities and opportunities for expression or support. 9.D.a Packet Pg. 154 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/31/2020 12:35:02 AM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 155 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 4:11:59 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Kadence Lewis Birth Date*: 10/07/2006 Address: Phone Number(s): Email Address: Grade*: 8________ School: Ascencion Solorsano Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Within the City of Gilroy, I started volunteering at the Garlic Festival at the age of 5 with trash clean-up and I have also volunteered to do creek clean-up. Additionally, I have helped organize the high school Rotary Speech Contest and met with two local business owners about their use of plastic straws. Other prior experience I have with community service includes volunteering at the Watsonville Strawberry Festival, volunteering in a kindergarten classroom at Ann Soldo Elementary School, volunteering as a lead babysitter for teachers who were in professional development and lastly, volunteering with multiple beach cleanups with the organization Save our Shores. In a leadership role, with my classmates, I have met with Congressman Jimmy Panetta to discuss the impacts of human choices on the environment and specifically the humpback whales. Additionally, I was part of a group who presented information about the conservation of the Pacific Humpback at the Whale Festival in Monterey, and the Presidential Youth Environmental Award Ceremony in Washington D.C. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth commission because I feel that I am a natural leader, and I would like to better the city of gilroy, and be a voice for all youth in Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? During COVID-19 times, the biggest problem facing the youth of Gilroy is social isolation. If I was appointed, I would like to set up online groups for teens with a variety of topics where people could join and discuss. I would also like to help facilitate the setting up of study groups at the different schools in Gilroy. I think it would be a good idea to see if there are any local business who are willing to set up tutoring areas for students who are struggling in school. I think if we had more opportunities for youth to connect, they will not feel so isolated and they would spend less time on social media. During COVID-19 and non-COVID-19 times, the biggest problem facing the youth of Gilroy is healthy food options. In schools, it would be great to set up partnerships with local growers to see if we can have more farm to table options available. 9.D.a Packet Pg. 156 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 4:11:59 PM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 157 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/5/2020 9:50:27 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Grace Longoria Birth Date*: 08/19/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been in many community service groups within the City of Gilroy for the past years. At my church, New Hope Community Church, I have worked in the nursery with newborns and two-year olds, was a leader for the the two's and three's groups (toddlers), and was a vacation bible school leader during the summer for three years. During vacation bible school, I helped lead kids in preschool, elementary, and middle school. In addition, I was a cheer coach for the non-profit organization Upward Sports. Moreover, I have volunteer in the Gilroy Compassion Center to feed the homeless. Finally through my cheer team, I have volunteered at the Gilroy Garlic Festival. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to grow the outreach towards teens more. I would like to hold more community groups to help many teenagers in Gilroy to feel safe and loved. Safety is a tremendous proportion in a community that needs to be shown. A teenager should be able to feel heard and seeked from leaders around the community. I would like to advocate for teens by partnering with city leaders to create safety from crime, justice for all, and provide resources needed for teens. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem facing the youth of Gilroy is mental health. Many teeneagers are taking advanced level classes, honors, or A.P. courses. During this, their mental plays a huge role in their thoughts throughout the day. There are a countless number of teens who are living through trauma, abusive relationships, anxiety, and depression that takes a huge toll on teens. Many are still experiencing trauma for the tragedy that hit our town. A teenager isn't in the right mindset to think while undergoing this pain.If I were to be appointed, future steps I will take to address this problem is by bringing more mental health officials to all schools, offer more counseling to students, and arrange for teenagers to voice the feelings around others. With this, it will help grow the youth of Gilroy back together to become stronger, safer, and united. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record 9.D.a Packet Pg. 158 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/5/2020 9:50:27 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 159 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/3/2020 5:44:43 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Edwin Lopez Birth Date*: 02/18/05 Address: Phone Number(s): Email Address: Grade*: 10________ School: Dr.TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been an active volunteer at City Events such as the Tamale Festival, Party, in the Park, National Night Out, a volunteer at Rebekah's Children Services gift wrapping, and a few others. Additionally, I have additionally been the CJSF president at SVMS and have participated in various sport, playing volleyball, wrestling, track and field, and cross country for my old middle school. I participate in Tae-Kwon-Do and have gone to Portugal to represent Gilroy to compete in the GSBA(Global Stick and Blade Association)world championship in 2 stick fighting divisions, where hundreds of people come and fight from all over the world. Why would you like to be appointed to the Gilroy Youth Commission? I would like to join the Gilroy Youth Commission because I would like to impact the other youth in our city in a positive manner and help prevent harmful things that can literally change a persons life of those who are most vulnerable and who have no voice to stand up for themselves. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe that the biggest problem affecting the youth of Gilroy is the gang influence we have. Gang influence has made many of the youth to change the way the act and behave, influencing wrong doings such as violence and drug usage. Due to the influence of gangs, our city of Gilroy rank number 2 in domestic violence cases in out whole county. If I were to be appointed as a commissioner, I would bring awareness to the gang influence problem we have and work in collaboration with the school resource officers in order to find and help those who are in most need. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? I can improve my previous performance as a Commissioner by speaking up more. At the beginning of my previous term, I was very soft spoken, feeling overshadowed by other commissioner that have had more experience than I had. I have made it my goal to speak up upon all matter, whether it be big or mall to further ensure that my point of view and opinion are not overlooked in order to help Gilroy's youth. All Commission, Board and Committee applications are a public record 9.D.a Packet Pg. 160 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/3/2020 5:44:43 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 161 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 11:00:08 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Dvlan Matthews Birth Date*: 11/03/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Oakwood Hiah School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a 15 year old boy who resides in the beautiful city of Gilroy. I am currently a high school junior at Oakwood School in Morgan Hill. I have participated in many leadership roles on the Student Council. I love helping people and making a difference in people's lives. As a volunteer, I participated in Push Produce at St. Joseph's Family Center where I distributed fresh produce to low income and homeless individuals. I feel blessed to be able to lend a helping hand to people in need. I am also active in my church where I narrate biblical stories to small children at our church. I also teach them the importance of treating everyone with love, respect and kindness, regardless of their race or religion. I have packed lunches for the homeless with an organization called Loaves and Fishes in San Jose. Also, I've had a tremendous opportunity to volunteer in Mexico for 5 days at an orphanage. It was a special time to interact with these kids and showing them unconditional love as life has dealt them a rough hand. It was amazing to see how happy these kids were with the little things they had. By watching these kids, I learned that accumulation of things in my life is not going to bring me success and joy, rather it's being happy with what I have and striving to make the most of what I have that will make a significant difference. It was fun helping the orphanage by digging trenches, tearing down buildings, and playing games with the children. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to make a positive difference in my local community. By utilizing my leadership skills, I want to lead and serve the youth in Gilroy. I want to see the youth more involved in local community issues and provide a safe environment for them to engage and contribute to our society. I want to provide a place where the youth in Gilroy can come together to have fun and learn at the same time. I want them to know that they have a voice and can drive making decisions that affect our community. I want the youth in Gilroy to have a positive experience growing up over here and to know that they have a solid support system that they can lean on to help them as we go through life. Every person should be able to look back with extreme fondness on their childhood and be able to say that they had a wonderful and positive experience. I want to work with my fellow Youth Commission team to put together events to bring the Gilroy youth together so we can put our combined energy to work to mold the future leaders of our society. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? 9.D.a Packet Pg. 162 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 11:00:08 PM I think the biggest problem facing the youth of Gilroy are drugs. I've seen and heard many drugs being used by teens and it ruins them for the rest of their lives. If I'm appointed, I would organize informative and educational sessions for the youth to bring awareness on the dangers of using drugs and e-cigarettes. I would present videos on the victims of drug abuse sharing their devastating stories so the youths can see how it will negatively affect them later in their life. I would like to go to the local high schools with victims of drug abuse so the youths can hear first hand the personal stories of how drugs destroyed their lives. Pretending that the problem doesn't exist in our community is not going to help anyone. I would start health fairs and community events to bring awareness about this prevalent problem and invite youth along with their families to attend because knowledge is power and there is much power when we fight it as a community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 163 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 7/31/2020 11:35 RCity of Gilroy Application for the Gilroy Youth Commission Name*: JORDAN MERRITT Birth Date*: 7/14/2002 Address: Phone Number(s): (Email Address: Grade*: 12________ School: PIEDMONT HIGH SCHOOL Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have prior experience in participating in community football and basketball leagues. I've been a participant for many years in both sports in the south bay area. I've most recently been involved during my senior year in my high schools' varsity basketball team, in which I've participated the past three years. I've also participated in my local church youth department in the youth choir, and outreach efforts. Why would you like to be appointed to the Gilroy Youth Commission? I'd like to make my voice heard within my community being a young man, as well as learn about other challenges, and efforts I can help and contribute towards. I believe I have a voice, and a duty to my local community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem facing the youth of Gilroy is resources, opportunity, and safe places. I would like to meet, and talk with those that can help provide those resources, so that the youth will have a brighter future. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 164 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*: Awa Ndao Birth Date*: 01/11/03 Address: Phone Number(s): (Email Address: Grade*: 11________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In terms of service, I have volunteered as a Jr. Guard for the City of Gilroy, having completed over 40 hours as a volunteer. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I believe that I can serve as a powerful, extremely vocal spokesperson for Gilroy's youth. Being aware of the issues facing our youth, I can offer a first-hand perspective of these issues and aid in providing reasonable solutions on how to better handle these problems. As a part of this Commission, I would work to make the best interests of the youth heard, and help in catering to these interests. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that seems to be plaguing the youth of Gilroy is a lack of support in terms of schooling (pressure, grades, teachers who aren't teaching material well). The pressure of receiving excellent grades is overwhelming for many, coupled with the fact that some administrators' teaching methods don't quite reach every student and cater to their way of learning. If appointed, some of the steps I plan to take in addressing the problem include a survey of students in the community to find out how they learn best: learning environment, method (visual, auditory, etc.) and create tutoring opportunities within school communities that cater to those. When it comes to tutoring and opportunities for academic help, most of the time these facilities aren't located on school grounds, making it more difficult for students to make the commute. Rather than having students going to tutoring facilities outside of school, we can bring the tutoring opportunities to them. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 165 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 7:31:46 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Addison Orlando Birth Date*: 12/28/2006 Address: Phone Number(s): Email Address: Grade*: 8 School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am Addison Orlando. I am an accelerated student from Brownell Middle School. During my free time, I am a competitive dancer at Studio Three Dance. I also enjoy playing with my little sisters and dogs. In my 7th-grade year, I was in both Brownell Middle school ASB and Brownell Kindness club. I have volunteered at Wheeler Senior Center and the Animal shelter. I have my donated time St. Joseph's Family Center and The San Martin Animal Shelter. I have also donated money to Toys for Tots and Pennys for Patients. It makes me happy to help people. I have been through hard times in my life and is always very nice to have someone there for you. Whether someone is going through mental health problems, financial problems, medical issues, or if the community is in trouble I feel like it is my job to help. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to give back to the youth of Gilroy. I was born and raised in Gilroy. Both of my parents were as well. They always tell me that when they were children Gilroy was such a great place to be a kid. Everyone knew each other and the community was so tight and supportive. You could be outside all day playing with friends and people were more into school sports. My mom tells me stories of how she would walk to the garlic festival with her friends. Now my parents don't even let me walk two blocks to my friend's house, due to what I might encounter. Especially as a student and Citizen of Gilroy, I see that things aren't like that anymore. There are trash and litter in parks and in the street. Cigarette buds and drugs on the ground. Homeless people have to sleep in children's parks and the streets. In school I see kids vaping and doing drugs. Last school year there were at least two fights a week. We need to do something about this. We also need to talk more about mental health and that it is ok to not be ok. Last year two of my friends were suicidal. This broke my heart. There needs to be more resources for mental health. We need to talk about it. We need to let the children of Gilroy know that they are not alone. I want to help. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problems facing the youth of Gilroy are drugs and mental health issues. To fix these problems we need to talk more about them in school. Mental Health NEEDS to be talked about more. We all get sad, we all get stressed and anxious, some kids just don't what do do with themselves. Kids get suicidal when they feel they are alone. We need to offer free counseling somehow outside of school. We need to put up encouraging messages throughout the town and maybe we can set up a teen helpline. Kids get suicidal or really really sad, and most of the time turn to alcohol and drugs to numb the pain. I see kids in school do drugs and they talk about getting drunk. This just horrible. I am thirteen for god's sake! We need to tell them why this is bad. We need to tell them the effects of doing drugs and why it is bad. Offering 9.D.a Packet Pg. 166 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 7:31:46 PM counseling or therapy can help teens with addiction and their mental health. We need to address these issues right now. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 167 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/6/2020 5:52:59 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Reet Padda Birth Date*: 02/03/2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Dr. TJ Owens Gilroy Early College Academy (GECA) Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been living in Gilroy for almost 11 years, and growing up, I was always surrounded by a loving and supporting community. As I matured, I developed a strong desire to give back to the city that I grew up in. In school, I have served as student council president and class president for a total of 4 years. This year, I will also help run the "Impact Teen Drivers" program. Within the City of Gilroy, I been a "Leader on Loose" and volunteered at events including the Run for Fitness, Gilroy Holiday Parade, and other recreational programs. I am currently a board member for a nonprofit organization called "Empowering Excellence" that is dedicated to providing financial support (and other services) to underprivileged students in the community. I have also volunteered for the YMCA for several programs including the senior food distribution service they held over the summer. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to help facilitate change in our community. The youth are the future and they need to be recognized as an active part of the community. Being appointed to the Gilroy Youth Commission would give me the opportunity to be a voice for Gilroy's youth while also giving back to the community I have grown up in. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth is stress. Although stress can be caused by a variety of things, having outlets for stress is crucial. Many students find solace in sports or other extracurricular activities. For those who cannot afford such programs or would just like to see some friendly faces, if I am appointed, I would organize a cost-free program (for all ages) that offers activities to help manage stress. This program could easily be held over Zoom and activities may include yoga, crafts, dance, painting, etc. There would be a detailed schedule outlining the days/times for the activities and the information would be accessible through a website or social media page. Participants would be able to sign up in advance for the sessions they want to attend. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record 9.D.a Packet Pg. 168 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/6/2020 5:52:59 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 169 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*' q A 'Pwo ((0-5 Birth date*: I q J Phone numbers) :(L"address: r Please list your background, including community service within the City of Gilroy, and any prior experience with proups or org niz tions that wo ld qualif you for thi Commissign: I t i? it 01 u 11 +ee Vi u%1 t -D .5 %Z U- L/i 12N `f'!A-.e-- /10 me Xe 6S . Jn 1 ` d- e t? &OAMr55roA.01,- t(s Why would you like to be appointed to the Gilroy Youth Commission? Gi/ v k (d IV vyt C..O m4th' av y s bvi l r v ° e Gov l ctt,, J_ pu4-4,P iv -j-n r'0 I'DU < , J - What do you feel is the biggest problem facing the youth of Gilroy? If. you are appointed, what are the steps you will take to address this problem? -P2P. I %'btci C'S robl-wr. c' vqj °-4v- Yr)1A,/V D - G Iv 0 I s )'tv are- ren0J i pi Vda e e vt 1` to 0 V l i v V71 r 1,4 ' e- g'7 / d U % ( o o - Vt (Tt 5 (' Ou Reapplying Commissioners: What can you do to improve yd'ur previous performance on the Commission? 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(cr ci.ailrov.ca.us The City of Gilroy accepts applications at any tirne and will keep thern on file for one year. 9.D.a Packet Pg. 170 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) City of Gilroy Application for the Gilroy Youth Commission Name*: Isabella Sells Birth Date*: 12/10/2004 Address: Phone Number(s): Email Address: Grade*: 9________ School: California Connections Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been serving as a 'Leaders on the Loose' program volunteer in the City of Gilroy. Through the program, I have been volunteering for various Youth Sports programs including Aquatic Program during the summer as an assistant swim instructor and a certified Junior Life Guard. I always have hearts for making my community a better place for all and also volunteered as a Senior Tech Center at the Gilroy Senior Center. I have learned a lot about how to work with others and bring smiles to others' faces. I also served as an elected president of National Junior Honor Society, Connections Academy Chapter, to lead the group of middle school volunteers serving the community through Foster care help, Animal Shelter Help, and Cal Fire Victim help. Why would you like to be appointed to the Gilroy Youth Commission? Unlike serving the community physically as an individual or as a group, the Gilroy Youth Commissioner's position seems like many positive and collective decisions to make a community a better place, especially for the youth of Gilroy. I'd like to contribute my leadership and service in planning projects that can make Gilroy an amazing place to live for all, especially for the youth like me. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem facing the youth of Gilroy is lack of technology education opportunities. I was very impressed with the organized sports in the City of Gilroy through my volunteering. However, through my Senior Tech Tutoring, I realized that most tech camps and lessons are concentrated in up North in San Jose & Palo Alto Area. I think that the technology literacy is crucial in the next century and I believe that there should be more affordable technology education programs for the youth. The Gilroy schools are doing a great job, but the youth needs more knowledge than basic tech education. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 171 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 11:22:16 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Charlize Yuoj Serrano Birth Date*: 11/19/2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: During my high school years, I had volunteered at mainly Gilroy. For example, most of my volunteer hours had gone into helping the youth here as I had volunteered at the Gilroy Youth Center during the summer before freshman year where I had mainly watched over the kids and helped set up the activities. In the next summer of freshman year, I had also volunteered at the Gilroy Library where I had organized books and helped with activities with the children there. During that time, the library had also offered me a volunteering opportunity to help teach the youth how to work with robots (Ozobots). During that summer when I was at the library, I had also joined some youth events to volunteer at like the Makers Faire in the Gilroy Library where I helped with setting up, cleaning up, and teaching children how to work with the same Ozobots. While I had gone to big events and organizations for a big chunk of my volunteering in high school I had also volunteered in smaller events. For example, I would volunteer at school- related events like how I helped out during the winter to wrap presents. In addition, even right before quarantine, I had worked at the Gilroy Recreation Center for a small princess event where I helped paint children’s faces. I also had experience with volunteering before high school as I was in the California Junior Scholastic Federation(CJSF) in middle school, so I would go to the Gilroy Community Garden after school and during my vacation time to help plant seeds and fix up the garden. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the commission because I think I would be a perfect fit as I have had a lot of experience working with the youth and I could provide several inputs and perspectives needed especially since I am a youth myself. I consider this a good opportunity for me as I have a profound love for looking after children and working with them and I believe that working in this Gilroy Youth Commission will really make an impact on the youth of Gilroy. I also have a lot of experience in planning and organizing activities and events. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe that the biggest problem facing the youth of Gilroy is their lack of engagement with the community. In today’s age children are more inclined to stay inside and live in the digital world. It’s even more so nowadays due to recent events. 9.D.a Packet Pg. 172 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/7/2020 11:22:16 PM If I were appointed as a Youth Commissioner, to fix this problem, I would plan more engaging activities and help youths interact more with their peers. I would also help promote more healthy activities for today’s youth and help organize them. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 173 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/29/2020 11:17:27 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Jordyn Silva Birth Date*: April 04, 2008 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have lived in Gilroy for about 8 years, and I went to Luigi Aprea Fundamental School for kindergarten-5th grade. I was in Associated Student Body, (ASB, also known as student government,) in sixth grade last year as a voting member, and I raised money for South County Tail Waggers dog rescue when i was 8 years old. Why would you like to be appointed to the Gilroy Youth Commission? I am very passionate about being educated on local government, and I am extremely passionate about giving local programs and officials input from my younger point of view. It honestly sounds like a very good experience, and I would love to do as much as I can for my community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that one of the biggest problems surrounding the youth community is mental health issues, as well as finding resources and outlets for any issues they may have. As an appointed member, I would try my best to give young people a safe space to ask for help and search for support spaces, especially if their parents/guardians don't validate their issues or help. Many people I personally know feel invalidate or silenced by their families, so it is very near and dear to me to give this part of our population a chance to advocate for their own mental wellness and get the help they deserve. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 174 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 8/20/2020 10:14 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Zachary Souza Birth Date*: 9/1/2007 Address: Phone Number(s): (Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am in the 7th Grade at Brownell Middle School. I've lived here in Gilroy for six years and I really like it. I enjoy sports, music, reading and being with family and friends. I have been on the ASB at Brownell Middle School and liked being involved at school. I think it is important to be involved and I like that Gilroy has this commission to help us kids have cool programs. Why would you like to be appointed to the Gilroy Youth Commission? My parents volunteer and I help them when they do things in my school. I would like to do my own volunteering and learn more about how the city government works. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? COVID is the biggest problem right now. All of our programs and schools are closed because of it and I miss my friends and playing basketball with them. I would like to find ways for us kids to play but be safe so no one is lonely. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 175 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/8/2020 9:33:02 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Yashila Suresh Birth Date*: 12/01/2004 Address: Phone Number(s): (Email Address: Grade*: 11 School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a junior at Christophe High School. Throughout my middle and high school years, I have been actively involved in community service within the City of Gilroy. In middle school, I organized a book drive for children in Africa through the organization African Library Project, raising over 1,000 books. The experience was extremely full -filling and I decided I wanted to work more with children. I began volunteering as a Girls Who Code facilitator at the Gilroy Library and started my own free coding class at Ciel Services, for elementary to middle school students. Concerning leadership, I was Events Chair for schools in Gilroy, Morgan Hill, and Hollister for Interact, a service organization, and Events Coordinator for CHS Interact Club. Additionally, I was Secretary of my school's Speech and Debate Club, participated in Leadership class where I planned school events, and founded a medical health professionals club at school. On a weekly basis, I tutor elementary and middle school students through CHS and Ciel Services and am part of CSF. Through these events I have garnered and learned valuable skills in communication, efficiency, management, public speaking, organization, and leadership that have prepared me for the Commission, if appointed. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission as a way for me to step onto a new platform, and give back to the community I was raised in. A platform that is easily accessible to the city, while initiating change and discussing the city's most pressing issues alongside a group of people, with an equivalent mindset. If I were to be on the Gilroy Youth Commission, I would like to implement new ideas and events that could positively impact and shape the youth in Gilroy. Sharing different morals and hearing contrary perspectives from Commission members, will add to the diverse learning experience I will acquire through the commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth in Gilroy is the lack of action on presented opportunities. In terms of youth enrichment, many have hosted and conducted various clubs, classes, and events free of charge in favor of students exploring possible interests in different fields they may not have access to otherwise. However, I have noticed that these students are unaware of the value and promise these opportunities could bring to both guide and impact their education.lf appointed, I would contact and work with teachers and school officials to emphasize the important of exposure to different topics for youth, as well as the encouragement for middle and high schoolers to conduct more events and programs to positively influence the youth and the Gilroy Community 9.D.a Packet Pg. 176 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9.D.a Packet Pg. 177 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 9/2/2020 2:03:24 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Kyle Verrette Birth Date*: 12/17/2004 Address: Phone Number(s): Email Address: Grade*: 10________ School: Christopher High Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have lived in Gilroy for about a year and I want to bring fresh perspective to this community. I've worked on a swim team for 2-3 years in San Jose and know how to be part of a team and share ideas. Why would you like to be appointed to the Gilroy Youth Commission? This sounds like a unique opportunity to be able to help and contribute to our community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I think there is a problem with the digital divide. Many students don't have access to the internet. Student and the youth need access to computers and technology. Seek contributors from a high access to computers and technology. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.D.a Packet Pg. 178 Attachment: 2020 Youth Commission Applications (3071 : Partial Term Youth Commission Appointment) 2020 Youth Commission Applicants Applicants Andrew Bachman Jacob Baker Alexandra Beyret Eshaan Billing Brennan and Jackson Burge Claire Burke Lillian Burke Logan Corona Julia Fox Esmeralda Garcia Katie Garrison Alyssa Gonzalez Winston James Sajiv Jampani Joshua Jang Maan Kolagotla Alexis Kong Kadence Lewis Grace Longoria Dylan Matthews Jordan Merritt Awa Ndao Addison Orlando Reet Padda Ryanne Palacios Isabella Sells Charlize Serrano Jordyn Silva Zachary Souza Yashila Suresh Kyle Verrette Edwin Lopez Meyhar Kamrah 9.D.b Packet Pg. 179 Attachment: 2020 Youth Commission Applicant Map 2 (3071 : Partial Term Youth Commission Appointment) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of Funding Agreement with Santa Clara County for the Countywide Isolation and Quarantine Program Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Maria De Leon Maria De Leon Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services  Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Decline to enter into an agreement with Santa Clara County for the Countywide Isolation and Quarantine Program and continue to utilize existing service providers (both public and private) to assist residents impac ted by Covid-19. EXECUTIVE SUMMARY In response to the Covid-19 pandemic, the County identified an urgent need to provide temporary shelter and services to help individuals and families effectively isolate or quarantine. After operating a pilot program for a few months, the County identified the need to expand on the Countywide Isolation and Quarantine Support Program. The County seeks to continue to help residents isolate if they have tested positive for Covid - 19 or quarantine if they have been in close contact with a Covid-19 positive person. 10.A Packet Pg. 180 Santa Clara County is requesting the City of Gilroy, along with all 15 citi es within Santa Clara County, enter into an agreement to financially contribute to reimbursing the County for its costs in continuing to operate the Countywide Isolation and Quarantine Support Program. The City of Gilroy’s share totals $158,018. To date, only two cities in the County have utilized the enhanced services. BACKGROUND On March 16, 2020, the Health Officer of Santa Clara County directed all county residents to shelter in place at their residence, except leaving to provide or receive certain essential services or engage in essential activities and prohibiting all non- essential gatherings. Since March 2020, the County and its partners have increased temporary shelters in response to the pandemic. As a result of the Santa Clara County’s Shelter-In-Place (SIP) executive orders to Covid-19, the County is providing countywide isolation and quarantine support services to assist all Santa Clara County residents isolate if they have tested positive for Covid-19 or quarantine if they have been in close contact with someone testing positive to Covid-19. This program supports those facing isolation or quarantine challenges. ANALYSIS The Countywide Isolation and Quarantine Support Program is in support of the U.S. Centers for Disease Control and Prevention definition of a close contact as someone who was within 6 feet of an infected person for at least 15 minutes starting from 48 hours before illness onset until the time the patient is isolated. The isolation period is typically between 14 and 21 days but varies depending on the duration of illness. Quarantine generally lasts 14 days, if the person does not become a positive case. Many individuals and their families will be able to isolate or quarantine in their homes without assistance. Others have situations that make isolating or quarantining difficult. These challenges include, but are not limited to overcrowded housing, the lack of paid sick leave, recent unemployment, cohabitations with at-risk individuals, and obligations to care for family members. Primary among these challenges are:  Access to a room in which the individual may stay and remain entirely separate from other members of their household  Access to one’s own bathroom or the ability to thoroughly clean the bathroom after each use To ensure that services are available to all Santa Clara County residents who need help with isolation or quarantine, the County established the Santa Clara County Covid-19 Support Team. The following are the program components:  SUPPORT REQUEST LINE – The program will have a “call center” available seven days a week from 8:00am to 5:00pm. County staff or contractors will receive requests for assistance from cases, contractors, medical providers, City 10.A Packet Pg. 181 emergency operation centers, public health units and community based organizations.  COORDINATION – Call center assigned staff will coordinate a ll incoming requests and ensure appropriate action for each case and contact.  RESOURCE COORDINATORS – Coordinators assigned to call center will assess the requests and arrange for the following services: o Support at Home: Individuals or families who have adequate home settings may request additional assistance including:  Transportation to/from medically necessary appointments  Up to three meals per day and/or groceries  Medical screening and connection to medical services  Weekly laundry services for linens and personal clothing  Light case management services to help individuals apply for benefits (unemployment insurance, CalFresh) and other services o Motels: Some individuals may be placed at a motel to isolate or quarantine until they are cleared to return to their home. The Resource Coordinators would coordinate placement at hotels for individuals who cannot remain at home or do not have a home. In some cases, the individual may be placed in other congregate settings such as a travel trailer. In these out of home settings, the program will also provide transportation, food, health and behavioral health screenings and services, laundry and light case management if needed. o Rental and Financial Assistance: If there is documented need, individuals would be eligible for rental and financial assistance up to $5,000. This assistance is limited to householders earning 80% or less of the Area Median Income adjusted for household size. Rental and financial assistance would be provided by Sacred Heart Community Services under contract with the County. o Other Services: Resource Coordinators would be responsible for arranging access to other services such as child care, elder care, in-home support services and emergency, urgent and/or ongoing health services. o Department of Employment Benefit Services: Resource Coordinators will ensure eligible individuals would have access or sign up for General Assistance, CalWORKS, Medi-Cal, CalFresh, or other benefit programs administered by the County. 10.A Packet Pg. 182 o Covid-19 Assistance Navigation Hotline (CAN-19 Hotline): For individuals needing additional assistance understanding and accessing resources provided through the California Employment Development Department (EDD), Resource Coordinators would connect individuals to the County’s CAN-19 Hotline that can provide assistance in English, Spanish, Vietnamese and Mandarin. PROJECTED NEEDS BY JURISDICTION Exhibit B of the agreement illustrates the projected needs among residents of each jurisdiction by program component. The table illustrates that an estimated 36 Gilroy residents will enroll in the Isolation and Quarantine Support Program, with 4 motel placements and 32 residents utilizing at-home services. It’s projected that 60% or 22 of the program enrollees will also request rental assistance. Exhibit B – Projected Needs by Jurisdiction - City of Gilroy Data Jurisdiction Imputed Motel Imputed At-Home Support Total Program Enrollments 60% of Enrollees Request Rental Assistance Gilroy 4 32 36 22 FUNDING BREAKDOWN PER COMPONENT AND JURISDICTION There are fixed costs to operate this program based on pop ulation and anticipated usage costs for motels, at home support and financial assistance. Gilroy’s funding percentage is based on the City’s share of the countywide population and utilization. Exhibit E of the agreement summarizes the total estimated program cost by jurisdiction by category with Gilroy’s share being $158,018. Exhibit E – Estimate Total Cost by Program Component by Jurisdiction – City of Gilroy Data Jurisdiction Fixed Costs Motel Costs At-Home Support Financial Assistance Total by Jurisdiction Gilroy $16,651 $34,159 $30,208 $77,000 $158,018 10.A Packet Pg. 183 This program has four categories: fixed costs, motel costs, at -home support services, and rental and financial assistance. Below is a breakdown of each category, along with estimated costs per category: 1. FIXED COSTS: Municipalities would reimburse the County for their portion of the programs fixed costs regardless of utilization by the jurisdictions residents. Fixed costs are considered the program overhead to operate the program. According to Exhibit E of the agreement, Gilroy’s estimate of fixed costs is $16,651. Exhibit D of the agreement illustrates the monthly fixed costs for Gilroy being $3,330. 2. MOTEL COSTS: Each jurisdiction will contribute to the cost of operating motels for isolation and quarantine based on the proportion of motel nights that each jurisdiction’s residents use. According to Exhibit E of the agreement, Gilroy’s estimate of motel costs is $34,159. 3. AT -HOME SUPPORT SERVICES: Each jurisdiction will reimburse the County for the cost of supportive services provided directly to the jurisdiction’s residents while they isolate or quarantine in their own homes. According to Exhibit E of the agreement, Gilroy’s estimate of at-home support services is $30,208. 4. RENTAL AND FINANCIAL ASSIST ANCE: Each jurisdiction will reimburse the County for the rental and financial assistance provided directly to the jurisdiction’s residents. According to Exhibit E of the agreement, Gilroy’s estimate of Financial Assistance is $77,000. PROGRAM TIMELINE The pilot program began in May 26, 2020. The program period and terms of this agreement is effective August 1, 2020 until December 31, 2020, unless extended by mutual consent. Should the agreement be extended past December 31,2020, the City would be charged additional costs for which the City’s only funding source would be General Fund reserves. With an increase of testing capabilities, the number of cases and the number of contacts associated with each case may increase, especially with testing services being made more accessible to underserved communities. PROGRAM PROMOTION If the City entered into the agreement, the County will promote this program through all of the County medical providers, community-based organizations, municipality web- sites and social media outlets. Privacy is of upmost importance. Program participants will never be asked for their social security number or immigration status. NEIGHBORING MUNICIPALITIES The City of Saratoga, Milpitas and Morgan Hill’s City Councils have already approved their agreements. Los Altos is expected to take agreement to City Council later this month and the City of Campbell’s City Council turned it down. Other cities are operating 10.A Packet Pg. 184 their own program, are not offering these services or have not taken action in approving this agreement. ALTERNATIVES If City Council elects to approve $158,018 funding the Countywide Isolation and Quarantine Support Program, Gilroy residents negatively impacted by Covid -19 and are facing Isolation and Quarantine challenges, will r eceive a higher, more intensified level of health and social services from the Santa Clara County Covid-19 Support Team. These services include motel stays, at-home support services and rental and financial assistance personalized to the impacted Gilroy resident. Santa Clara County does offer the CAN: Covid-19 Assistance Navigation Program. It was created early in the pandemic and assists all county residents whether or not their cities are offering Isolation and Quarantine Support Program services. It includes connecting all county residents to health and community support services such as unemployment guidance, food distribution, housing information, legal aid, advocacy services, eviction support, Coronavirus education, Covid-19 testing sites, home isolation and quarantine guidance and other similar services. This effort and other existing programs will continue serv ing all county residents. Municipalities county-wide are being asked to contribute their share of financial support for the Countywide Isolation and Quarantine Support Program. Much discussion is taking place by many cities on this request. Some cities are of the opinion that:  The County is charged with the preservation of public health, not the cities  The County already collects taxes from all county residents to facility public health programs, so why are cities being asked to contribute  There are no incidents of the County turning anyone away who needs isolation or quarantine support, based on their city of residency FISCAL IMPACT/FUNDING SOURCE If City Council determines that they wish to provide a higher level of COVID -19 support and fund the Countywide Isolation and Quarantine Support Program, City staff has determined that the only funding source is General Fund reserves ($158,018). Motel and isolation and quarantine charges cannot be covered by CDBG and CARES Act funds. The City of Gilroy can only seek FEMA reimbursement if Gilroy directly incurred the program costs, which in this case, these costs were incurred by the County. This funding would only continue the program until December 31, 2020. The City would need to identify additional funding to participate in the program past that date. Attachments: 1. City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 10.A Packet Pg. 185 Page 1 of 13 Countywide Isolation and Quarantine Support Program FUNDING AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY FOR COUNTYWIDE ISOLATION AND QUARANTINE SUPPORT PROGRAM This Agreement is entered into by and between the County of Santa Clara (the “County”) and the City of Gilroy (the “City”), individually, a “Party” and, collectively, the “Parties,” in order to provide funding for a Countywide Isolation and Quarantine Support Program (“Program”) to be managed by the County. RECITALS A. WHEREAS, on February 3,2020, the County Health Officer declared a local health emergency, and the County's Director of Emergency Services proclaimed a local emergency, to respond to the Coronavirus Disease (“COVID-19”) pandemic and manage its spread throughout the County; and B. WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency (Executive Order N-25-20) to exist in California because of the threat of COVID-19; and C. WHEREAS, on March 16, 2020, the Santa Clara County Public Health Officer issued an Order to all residents to shelter in place and businesses to close except for essential activities, essential services, and governmental services as defined under Section 10 of the Order; and D. WHEREAS, on March 19, 2020, the Governor issued an Order (Executive Order N-33-20) that all individuals living in the State of California stay home or at their place of residence, except as needed to maintain continuity of operations for certain critical infrastructure sectors, to protect the public health of Californians, to mitigate the impact of COVID-19, and to ensure the healthcare delivery system is capable of serving all; and E. WHEREAS, as a result of the State Executive Orders and their national counterparts and the County Order in response to COVID-19, as may be extended and modified by federal, state, and local authorities, the County and City have identified an urgent need to provide a Countywide Isolation and Quarantine Support Program (“Program”) as part of the response to COVID-19; and, F. WHEREAS, the County has established and will operate the Program as described on Exhibit “A” attached hereto and incorporated herein by this reference; and 10.A.a Packet Pg. 186 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 2 of 13 Countywide Isolation and Quarantine Support Program G. WHEREAS, the Program assists all residents of Santa Clara County to isolate if they have tested positive for Coronavirus (COVID-19) (“Cases”) or quarantine if they have been in close contact with a COVID-19 positive person (“Contacts”); and H. WHEREAS, the U.S. Centers for Disease Control and Prevention defines a “close contact” as “someone who was within six feet of an infected person for at least 15 minutes starting from 48 hours before illness onset until the time the patient is isolated; however, the County Public Health Department’s Special Investigations Unit or Case Investigation and Contact Tracing group (“CICT”) will make determinations based on the circumstances of each interaction; and I. WHEREAS, many individuals and their families will be able to isolate or quarantine in their homes without assistance; and J. WHEREAS, others have situations that make isolating or quarantining difficult. These challenges include, but are not limited to, overcrowded housing, the lack of paid sick leave, recent unemployment, co- habitation with at-risk individuals, and obligations to care for family members. Primary among these challenges are: 1) access to a room in which the case or contact may stay an d remain entirely separate from other members of the household; and, 2) access to one’s own bathroom or the ability to thoroughly clean the bathroom after each use. The County’s CICT group is trained to speak with individuals about what they may need to effectively isolate or quarantine in their own home; and K. WHEREAS, it is in the intent of this Agreement that City, along with all other 14 cities within Santa Clara County, will contribute funding to the County to pay the County for its costs in operating the Program. In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows: AGREEMENT SECTION 1 TERM This Agreement is effective August 1, 2020 and will continue thereafter until December 31, 2020, unless extended by mutual consent. SECTION 2 MAXIMUM FINANCIAL OBLIGATION As explained in Section 3 below and stated in Exhibit E, City’s maximum financial obligation during the Term of this Agreement is $158,018. 10.A.a Packet Pg. 187 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 3 of 13 Countywide Isolation and Quarantine Support Program SECTION 3 ESTIMATE OF COUNTYWIDE NEED AND COST SHARING To ensure that appropriate services are available to all Santa Clara County residents who need help with isolation or quarantine, it is the intent of this Agreement that the County and all 15 cities within the County would share in the Program’s costs on a roughly proportional basis as set forth below. a) Estimates of Countywide Need: i) Based upon prior utilization data, the County estimates that during the term of this Agreement, approximately 200 households who are Cases or Contacts will be referred to or will contact the Program weekly. Of the 200 households, it is estimated that approximately 25% (about 50 households) will decline services, be ineligible or referrals that cannot be contacted. Of the remaining households (approximately 150 households) who participate in the Program, 90% (about 135 households) will receive assistance to isolate or quarantine at home and 10% (about 15 households) would temporarily move into a motel. Of all households who enroll in the Program (150 households) each week, about 60% (90 households) are also expected to request and receive rental or financial assistance. ii) Of the households participating in the program, it is estimated that approximately 82% will be residents of the City of San José. Residency is determined by the person’s or family’s home address. iii) Exhibit B summarizes the projected needs among residents of each jurisdiction by Program component from August 1 through December 31, 2020, which is approximately 22 weeks. The number of residents by jurisdiction is based on current Program utilization and a minimum of five – one per month – for each jurisdiction. For planning purposes, at least one resident from each jurisdiction would need a motel placement. iv) If the person or family is homeless, their residency is determined by the location of their last permanent address or the city or unincorporated area where they spend most of their time. b) Cost Sharing: Exhibit C summarizes the assumptions used to determine the Program’s fixed costs, the costs of operating a motel room for one month, at-home support services, and rental or other financial assistance. These are intended to be estimates for budgeting purposes. i) Fixed Costs: Each jurisdiction would reimburse the County for a portion of the Program’s fixed costs regardless of utilization by the jurisdiction’s residents. Each jurisdiction’s share of the fixed costs is proportional to its share of the countywide population as set forth in Exhibit D. The services associated with these costs are necessary because they allow CICT, providers and residents to access the Program’s services. ii) Motel Costs: Each jurisdiction will contribute to the cost of operating motels for isolation and quarantine based on the proportion of motel nights that its residents use. For example, in a given month, if a San Jose resident stayed in one room for 30 days and a Campbell resident stayed in another room for 30 days – and no other jurisdiction’s residents stayed at the site – the 10.A.a Packet Pg. 188 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 4 of 13 Countywide Isolation and Quarantine Support Program costs for operating that motel site, would be evenly split between the City of San Jose and the City of Campbell. iii) At-Home Support Services: Each jurisdiction will reimburse the County for the cost of supportive services provided directly to the jurisdiction’s residents while they isolate or quarantine in their own homes. iv) Rental and Financial Assistance. Each jurisdiction will reimburse the County for the rental or financial assistance provided directly to the jurisdiction’s residents. c) Total Estimated Costs: Exhibit E summarizes the total estimated cost by jurisdiction. These estimates form the basis for the maximum financial obligation during the term referenced in Section 2 of this Agreement. If the number of City residents participating in the Program exceeds 50% of the total estimated participation shown in Exhibit B, then the City agrees to confer with the County on adjustments to the maximum financial obligation. d) The County shall submit invoices for any eligible cost up to the maximum financial obligation. For example, the County may submit the cost of information and referral for all motel rooms located in the City as a strategy to leverage Federal Emergency Management Agency (FEMA) reimbursements. The County may submit invoices to the City even if FEMA has not made a determination on the County’s request(s) for reimbursement under FEMA’s Public Assistance program. Invoices submitted by County will be supported by backup documentation provided with the invoice. SECTION 4 ROLES AND RESPONSIBILITIES County shall operate the Program as indicated in the Program Description attached as Exhibit “A.” SECTION 5 LEVERAGING AND USE OF FUNDS a) The City’s funds may be used for any expenses that are necessary for successful operation of the Program, as described in this Agreement. This includes expenses that may be categorically ineligible for the FEMA Public Assistance program and the portion of expenses that is calculated to be the local match for the FEMA Public Assistance program. b) The County will work with City to leverage state and federal funds and to conserve local resources. However, since some funding sources have limitations the County may not be able to true-up costs for each city until well after the Program has ceased operations. Furthermore, based on determinations of the agencies like FEMA, the County may have to allocate certain funding to specific categories of expenses to maximize state and federal funds. c) The County will submit requests for reimbursement through the FEMA Public Assistance program. Reimbursements from this program require a 25% match, and not all funding sources can be used as match. 10.A.a Packet Pg. 189 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 5 of 13 Countywide Isolation and Quarantine Support Program d) The County intends to use approximately $250,000 in Community Development Block Grant Coronavirus (CDBG-CV) funds to operate the program and to pay for a portion of costs associated with unincorporated Santa Clara County. The County would use these funds to offset the actual costs to the “Urban County” cities: Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill and Saratoga. The County, on behalf of these cities, receives CDBG funds and administers CDBG-eligible programs. Note that CDBG-CV funds cannot be used for hotel costs and can only be used to support households earning 80% or less of AMI. SECTION 6 MUTUAL INDEMNIFICATION County and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of t he indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Parties under this Agreement. SECTION 7 TERMINATION FOR CAUSE Either party may terminate this Agreement at any time for cause upon providing notice and a reasonable opportunity to cure to the other party. SECTION 8 ASSURANCE Each Party represents and warrants that it has the authority to enter into this Agreement. SECTION 9 RELATIONSHIP Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of partners or joint ventures between the City and the County. SECTION 10 ENTIRE AGREEMENT This instrument contains the entire agreement between the Parties, and no statements, promises or inducements made by either Party or the designated agent of either Party that are not contained in this Agreement shall be valid or binding. SECTION 11 MODIFICATION This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing, signed by th e Parties and endorsed to this Agreement. 10.A.a Packet Pg. 190 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 6 of 13 Countywide Isolation and Quarantine Support Program SECTION 12 INSURANCE Each Party shall, at its own expense, keep in force during the Term, Workers’ Compensation Insurance, insuring against and satisfying each Party’s obligations and liabilities under the workers’ compensation laws of the State of California, including employer’s liability insurance in the limits required by the laws of the State of California. SECTION 13 SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way. SECTION 14 NOTICES Notices to the Parties in connection with this Agreement shall be given personally or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties as follows: COUNTY OF SANTA CLARA Office of Supportive Housing Attn: Consuelo Hernandez Phone: 408-278-6419 Address: 2310 North First St., Suite 201, San Jose, CA 95131 Email: Consuelo.Hernandez@hhs.sccgov.org CITY OF GILROY Attn: Phone: Address: Email: Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery. SECTION 15 AMENDMENTS This Agreement may be amended only by a written instrument signed by the Parties. SECTION 16 WAIVER No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be provided, in writing, and shall apply to the specific instance expressly stated. 10.A.a Packet Pg. 191 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 7 of 13 Countywide Isolation and Quarantine Support Program SECTION 17 GOVERNING LAW and VENUE This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the Santa Clara County. SECTION 18 COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. SECTION 19 THIRD PARTY BENEFICIARIES This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties. SECTION 20 CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the day and year of execution of this Agreement. COUNTY OF SANTA CLARA COUNTY OF SANTA CLARA CITY OF GILROY _________________________________ _______________________________ Jeffrey V. Smith PRINTED NAME County Executive City Manager Date: ____________________________ Date: ___________________________ APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM ___________________________________ ___________________________________ Christopher Cheleden PRINTED NAME Lead Deputy County Counsel City Attorney Date: ______________________________ Date: ______________________________ 10.A.a Packet Pg. 192 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 8 of 13 Countywide Isolation and Quarantine Support Program EXHIBIT A PROGRAM DESCRIPTION The County shall provide the following services and program organization in operating the Program: Program Coordination:  Support Request Line. The County will provide staff or contractors to receive requests for assistance from cases, contacts, medical providers, cities’ emergency operations centers, and Public Health unit and community-based organizations (CBOs) via telephone or email. The Program’s “call center” would be available seven days a week from 8 am to 5 pm. Voice messages or emails received after hours would be responded to the following day.  Coordination. The team and manager assigned to the Support Request Line would also be responsible for coordinating with the Public Health Special Investigations Group (SIG) and CITC to ensure that all teams are aware of and can take appropriate actions for each case and contact. Continuous coordination with SIG and CITC will be necessary because there may be a lag between the time when SIG or CITC become aware of a case or contact and the time when a case or contact or their medical provider reaches out for assistance. The manager of the team would also be responsible for data collection for reports to the County Administration and participating cities.  Resource Coordinators. Coordinators would be assigned to the Support Request Line and would assess cases and contacts for needs and arrange for the services described below.  Support at Home. Even individuals or families who have adequate home settings may need additional assistance including: o Transportation to/from medically necessary appointments if the individual is not able to use a private vehicle; o Up to three meals per day and/or groceries; o Medical screening and connection to medical services; and o Weekly laundry services for linens and personal clothing; and, Light case management services to help individuals apply for benefits (e.g., unemployment insurance, CalFresh) and other services.  Motels. Some individuals and/or family members may be placed at a motel to isolate or quarantine until they are cleared to return to their home (including a congregate care setting). The Resource Coordinators would coordinate placement at one or more motels for cases or contacts who cannot 10.A.a Packet Pg. 193 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 9 of 13 Countywide Isolation and Quarantine Support Program remain at home or do not have a home. In addition to typical motel management staff and services, the County would negotiate agreements with the motel(s), contract with a community-based organization to provide onsite coordinators and oversee security. In some cases, the individual may be placed in other non-congregate settings, such as a travel trailer. In these out-of-home settings, the program would also provide transportation, food, health and behavioral health screenings and services, laundry and light case management services, as needed.  Rental and Financial Assistance. If there is a documented need, cases and contacts would be eligible for rental and financial assistance up to $5,000. The rental and financial assistan ce is limited to households earning 80% or less of the Area Median Income (AMI) adjusted for household size. Rental and financial assistance would primarily be provided by Sacred Heart Community Service (SHCS) under contract with the County. The agreement with SHCS enables that organization to: o Issue rental assistance or financial assistance within 72 hours of verifying eligibility; o Connect cases and contacts to the broader network of homelessness prevention services (e.g., additional rental assistance) which is primarily implemented through the seven CBOs of the Emergency Assistance Network (EAN) and coordinated by SHCS; and, o Connect cases and contacts to other community resources.  Other Services. Program resource coordinators would also be responsible for arranging access to other services including, but not limited to, childcare, elder care, in-home support services, and, emergency, urgent, and/or ongoing healthcare services.  Department of Employment and Benefit Services (DEBS). The Resource Coordinators would ensure that (eligible) cases or contacts would be able to access or sign up for General Assistance, CalWORKs, Medi-Cal, CalFresh, or other benefit programs administered by the County. The Resource Coordinators cannot authorize these benefits directly, but the County’s DEBS has assigned an Eligibility Supervisor to: o Receive referrals directly from Resource Coordinators; o Immediately contact the case or contact to help them apply for the appropriate program; and o When appropriate, approve the applications for assistance.  COVID-19 Assistance Navigation Hotline (CAN-19 Hotline). For workers who need additional assistance understanding or accessing resources provided through the California Employment Development Department (EDD), such as unemployment insurance, Resource Coordinators would make a connection to the County’s CAN-19 Hotline. The CAN-19 Hotline assists in English, Spanish, Vietnamese and Mandarin. 10.A.a Packet Pg. 194 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 10 of 13 Countywide Isolation and Quarantine Support Program Exhibit B – Projected Needs by Jurisdiction, August 1, 2020 through December 31, 2020 Projection reflects:  Utilization June 17 through July 31, 2020  A minimum of 5 households per jurisdiction and at least one motel placement  10% of enrollees will need a motel placement and 90% can isolate or quarantine at home  60% of all enrollees request rental assistance Imputed 60% of Enrollees Imputed At-Home Total Program Request Rental Motel Support Enrollments Assistance CAMPBELL 2 22 24 14 CUPERTINO 1 4 5 3 GILROY 4 32 36 22 LOS ALTOS 1 4 5 3 LOS ALTOS HILLS 1 4 5 3 LOS GATOS 1 4 5 3 MILPITAS 2 22 24 14 MONTE SERENO 1 4 5 3 MORGAN HILL 4 32 36 22 MOUNTAIN VIEW 2 22 24 14 PALO ALTO 5 43 48 29 SAN JOSE 270 2430 2700 1620 SANTA CLARA 8 76 84 50 SARATOGA 1 4 5 3 SUNNYVALE 12 108 120 72 UNINCORPORATED 20 184 204 122 TOTAL 335 2995 3330 1997 10.A.a Packet Pg. 195 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 11 of 13 Countywide Isolation and Quarantine Support Program Exhibit C – Estimate of Costs by Service Component Fixed Costs Motel Room At-Home Support Financial Assistance Activity Est. Rate / Per Unit Cost per Month Cost per Month Costs per HH Cost per HH Resource Coordinators, Medical Screening, Program Coordination 7.0 FTE (~$150K per FTE annually)87,500$ -$ -$ -$ Sacred Heart Staffing, Operations & Overhead (28500/3) or $9,500 per month 9,500$ -$ -$ -$ Rental / Financial Assistance Up to $5,000 per HH / Avg. $3,500 per HH -$ -$ -$ 3,500$ Motel Room Rate & Tax Average of $107 per night -$ 3,255$ -$ -$ Motel Site Management $25,000 per site per month -$ 424$ -$ -$ Information & Referral Services $20,833 per site per month -$ 353$ -$ -$ Motel Security $48,400 per site per month -$ 820$ -$ -$ Meal Delivery Three meals $33 per person per day -$ 1,004$ -$ -$ Groceries $50 per person per week, assume 4 ppl -$ -$ 400$ -$ Transportation Up to $400 per incident (1.5/mo)-$ 600$ 400$ -$ Laundry Services $40 per household per month -$ 40$ -$ -$ Medical & Behavioral Health Services 3 FTE RN per site per month -$ 742$ -$ -$ Administration 18%17,460$ 1,303$ 144$ -$ Total 114,460$ 8,540$ 944$ 3,500$ 10.A.a Packet Pg. 196 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 12 of 13 Countywide Isolation and Quarantine Support Program Exhibit D – Estimate of Fixed Costs and Share by Jurisdiction Jurisdictional Share of Monthly Fixed Costs County Population: 1/1/2020 Source: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-1/ % of Total Monthly Fixed Costs Aug. 1 thru Dec. 31, 2020 Campbell 42,288 2.2%2,467$ 12,335$ Cupertino 59,549 3.0%3,474$ 17,370$ Gilroy 57,084 2.9%3,330$ 16,651$ Los Altos 30,876 1.6%1,801$ 9,006$ Los Altos Hills 8,413 0.4%491$ 2,454$ Los Gatos 31,439 1.6%1,834$ 9,171$ Milpitas 77,961 4.0%4,548$ 22,741$ Monte Sereno 3,594 0.2%210$ 1,048$ Morgan Hill 46,454 2.4%2,710$ 13,550$ Mountain View 82,272 4.2%4,800$ 23,998$ Palo Alto 69,226 3.5%4,039$ 20,193$ San Jose 1,049,187 53.5%61,209$ 306,044$ Santa Clara 129,104 6.6%7,532$ 37,659$ Saratoga 31,030 1.6%1,810$ 9,051$ Sunnyvale 156,503 8.0%9,130$ 45,651$ Unincorporated 86,989 4.4%5,075$ 25,374$ Total 1,961,969 100%114,460$ 572,300$ FIXED COSTS 10.A.a Packet Pg. 197 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for Page 13 of 13 Countywide Isolation and Quarantine Support Program Exhibit E – Estimate of Total Costs by Program Component for Each Jurisdiction For Services from August 1, 2020 through December 31, 2020 1277987.1 Fixed Motel At-Home Financial Total by Jurisdiction Costs Costs Support Assistance Jurisdiction Campbell 12,335$ 17,079$ 20,768$ 49,000$ 99,183$ Cupertino 17,370$ 8,540$ 3,776$ 10,500$ 40,186$ Gilroy 16,651$ 34,159$ 30,208$ 77,000$ 158,018$ Los Altos 9,006$ 8,540$ 3,776$ 10,500$ 31,822$ Los Altos Hills 2,454$ 8,540$ 3,776$ 10,500$ 25,270$ Los Gatos 9,171$ 8,540$ 3,776$ 10,500$ 31,986$ Milpitas 22,741$ 17,079$ 20,768$ 49,000$ 109,588$ Monte Sereno 1,048$ 8,540$ 3,776$ 10,500$ 23,864$ Morgan Hill 13,550$ 34,159$ 30,208$ 77,000$ 154,917$ Mountain View 23,998$ 17,079$ 20,768$ 49,000$ 110,846$ Palo Alto 20,193$ 42,698$ 40,592$ 101,500$ 204,983$ San Jose 306,044$ 2,305,717$ 2,293,920$ 5,670,000$ 10,575,682$ Santa Clara 37,659$ 68,318$ 71,744$ 175,000$ 352,721$ Saratoga 9,051$ 8,540$ 3,776$ 10,500$ 31,867$ Sunnyvale 45,651$ 102,476$ 101,952$ 252,000$ 502,080$ Unincorporated 25,374$ 170,794$ 173,696$ 427,000$ 796,864$ Total 572,300$ 2,860,797$ 2,827,280$ 6,989,500$ 13,249,877$ 10.A.a Packet Pg. 198 Attachment: City County Revenue Agreement Template Isolation and Quarantine Program - Gilroy v2 (3014 : Funding Agreement for City of Gilroy STAFF REPORT Agenda Item Title: Consent of the Appointment of Cindy Murphy as Interim Finance Director (Retired Annuitant) Effective November 2, 2020 and Adoption of a Resolution of the City Council of the City of Gilroy Approving the Appointment and Employment Agreement Meeting Date: October 19, 2020 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Jimmy Forbis Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety  Workforce Stability ☐ Public Engagement RECOMMENDATION a) Consent of the City Administrator's recommendation to appoint Cindy Murphy as Interim Finance Director (as a retired annuitant) effective November 2, 2020. b) Adopt a resolution approving the appointment of Cindy Murphy as Interim Finance Director (Retired Annuitant) pursuant to California Government Code Section 21221(h) and authorizing the City Administrator to execute the employment agreement. 10.B Packet Pg. 199 BACKGROUND On October 5, 2020, the City Council approved the appointment of Jimmy Forbis to the position of City Administrator. This decision now permits the city to commence a recruitment for a Finance Director and hire an Interim Finance Director to serve while the recruitment is being conducted. Former Gilroy Finance Director Cindy Murphy is available to serve as the Interim Finance Director. Ms. Murphy is a California Public Employees’ Retirement System (CalPERS) retired annuitant. She has the education, skills and experience to hit the ground running and serve as Gilroy’s Interim Finance Director beginning November 2, 2020. California Government Code Section 21221(h), allows an agency to hire a retired annuitant to serve in an “interim” position when there is an immediate need for expertise and specialized skills and a recruitment is underway for the position. Prior to November 2, 2020, the City will initiate a recruitment for a new Finance Director and complete the selection process in the next four to six months. Further, the retired annuitant may not work more than 960 hours in a fiscal year and cannot receive any compensation other than the hourly rate of pay for t he work performed by other employees performing comparable duties. In the Interim Finance Director role, and as an officer of the City, Cindy Murphy agrees to perform the following duties related to the Gilroy Finance Department: a. Plan, direct, and coordinate the activities of the Finance Department. b. Manage and lead the Finance Department's revenue, purchasing, treasury, and general accounting functions, including the development and implementation of written policy procedures, work standards, goals and obje ctives, and execution of City Council’s action agenda items. c. Supervise, train, and evaluate staff assigned to the Finance Department. d. Serve as lead project manager for the Enterprise Resources Planning (ERP) implementation. e. Serve as Treasurer for the South County Regional Wastewater authority, the wastewater treatment facility and JPA with Gilroy and Morgan Hill. f. Provide executive level support to City Administrator in ensuring the fiscal sustainability of the City, by monitoring debt and liability levels, revenue volatility, and economic development within the City. g. Conduct training as required for departments' staff to effectively administer all financial transactions. h. Assist in the management, issuance, and maintenance of bonds and other long - term indebtedness. 10.B Packet Pg. 200 i. Assist in the development and implementation of contemporary financial and internal control systems, policies, and procedures practiced within the Finance Department. j. Present before City Council, public agencies, civic groups, and other organizations regarding Finance Department projects and programs. k. Any other duties or assignments typically assigned to the Finance Director. As Interim Finance Director, Cindy Murphy will report directly to the City Administrator and shall comply with all City rules, policies, guidelines, regulations, and laws. ALTERNATIVES The alternatives would be not to approve the interim appointment and the City would need to identify someone else to serve as the Interim Finance Director or leave the position vacant. These alternatives are not recommended. FISCAL IMPACT/FUNDING SOURCE This interim appointment provides a cost savings to the City as only the hourly rate for the position is paid to the retired annuitant and not any benefits. It is estimated that this interim appointment will save the City approximately $7,000 per month. Over a four-six month period, the savings will total approximately $28,000 – $42,000. Further, the Finance Director recruitment will be conducted by the City Human Resources Department to further save costs (typically $20,000-$24,000) associated with hiring an outside executive search firm. CONCLUSION To ensure continuity in the management of the Finance Department during a critical time period, it is recommended that the City Council consent to the appointment of Cindy Murphy as Interim Finance Director (retired annuitant) effective November 2, 2020 and approve the resolution consenting the appointment and authorizing the City Administrator to execute the employment agreement. NEXT STEPS Upon Council approval, the City Administrator will sign the employment agreement. In addition, staff will initiate work to begin the Finance Director recruitment process prior to November 2, 2020. Attachments: 1. City Council Resolution for Consent of Appointment and Employment Agreement of Cindy Murphy as Interim Finance Director 2. Exhibit A - Cindy Murphy Interim Finance Director Employment Agreement 10.B Packet Pg. 201 RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING CINDY MURPHY AS INTERIM FINANCE DIRECTOR AND APPROVING EMPLOYMENT AGREEMENT WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, Cindy Murphy retired from California Public Employees’ Retirement System employment in July 2019; and WHEREAS, Cindy Murphy served as the City of Gilroy Finance Director/City Treasurer from September 1998 to June 2009; and WHEREAS, the position of Finance Director became officially vacant on October 6, 2020 when Jimmy Forbis was appointed as City Administrator; and WHEREAS, the Gilroy City Council desires to consent the City Administrator’s recommendation to appoint retired annuitant Cindy Murphy to the vacant position of Interim Finance Director for the City of Gilroy under Government Code Section 21221(h), effective November 2, 2020; and WHEREAS, Cindy Murphy has nearly thirty years of experience in government finance to including experience with budgeting, financial analysis, audit, South County Regional Wastewater Authority (SCRWA) finance, debt administration, revenue forecasting, and implementation of new financial software systems (Enterprise Resource Planning); and WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the recruitment for Finance Director will open for applications prior to November 2, 2020; and WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the permanent replacement for the vacant position of Finance Director for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Cindy Murphy; and WHEREAS, the entire employment agreement between Cindy Murphy and the City of Gilroy has been reviewed by this body and is attached hereto as Exhibit A; and WHEREAS, no matters, issues, terms, and/or conditions related to this employment and appointment have been or will be placed on the consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and 10.B.a Packet Pg. 202 Attachment: City Council Resolution for Consent of Appointment and Employment Agreement of Cindy Murphy as Interim Finance Director RESOLUTION NO. 2020-XX WHEREAS, the maximum base monthly salary for this position is $17,180.00 and the hourly equivalent is $99.12, and the minimum base monthly salary for this position is $12,793.00 and the hourly equivalent is $73.81; and WHEREAS, the hourly rate to be paid to Cindy Murphy will be $99.12; and WHEREAS, Cindy Murphy has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as follows: 1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 2. The City Council hereby certifies the nature of the employment of Cindy Murphy as described herein and detailed in the attachment employment agreement and that this appointment is necessary to fill the critically needed position of Finance Director for the City of Gilroy by November 2, 2020 to provide the specialized skills necessary to manage the City’s finance and budget functions. 3. The City Council hereby authorizes the appointment of Cindy Murphy to Interim Finance Director effective November 2, 2020 pursuant to the authority provided under Government Code Sections 21221(h), which shall end on the date immediately preceding the date on which the permanent replacement for the vacant position of Finance Director for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Cindy Murphy. 4. The employment agreement with Cindy Murphy, a copy of which is attached hereto as Exhibit A and will be maintained on file with the Human Resources Department, is approved by the City Council, effective November 2, 2020. 5. The City Administrator is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the City Administrator and City Attorney. PASSED AND ADOPTED this 19th day of October, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ____________________________ Roland Velasco, Mayor ATTEST: _________________________ Shawna Freels, City Clerk 10.B.a Packet Pg. 203 Attachment: City Council Resolution for Consent of Appointment and Employment Agreement of Cindy Murphy as Interim Finance Director EXHIBIT A RETIRED ANNUITANT EMPLOYMENT AGREEMENT The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of Gilroy, a municipal corporation of the State of California (“City”) and Cindy Murphy, an individual (“Retired Annuitant”) as of November 2, 2020 (“Effective Date”). RECITALS A. Retired Annuitant previously was employed by the City of Gilroy and other California Public Employees’ Retirement System (CalPERS) employers since 1991, having previously served as Gilroy’s Finance Director/Treasurer from 1998-2009; and B. Retired Annuitant retired from public service effective July 27, 2019 and began collecting a retirement pension from the California Public Employees’ Retirement System (CalPERS); and C. The City has a vacancy in the position of Finance Director, a regular position for which the City will commence a recruitment for a permanent appointment prior to November 2, 2020; and D. The City has an immediate need for an employee to temporarily perform the position of Finance Director, a position involving specialized skills and training and which is critically necessary to the on- going duties and functions of the City’s Finance Department; and E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the duties of leadership and management of the Finance Department; and F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement; and G. City desires to retain the services of Retired Annuitant in accordance with California Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict terms and conditions set out in this Agreement; and In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows: AGREEMENT Section 1. Term of Services The term of this Agreement is from November 2, 2020 until such time as a permanent replacement for the position of Finance Director has been selected and has commenced employment, unless terminated sooner as provided below. DocuSign Envelope ID: A56571F3-B692-4D29-8088-9C920B48C0FC 10.B.b Packet Pg. 204 Attachment: Exhibit A - Cindy Murphy Interim Finance Director Employment Agreement (3073 : Appointment of Cindy Murphy as Interim Section 2. Scope of Services Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy Finance Department: a. Plan, direct, and coordinate the activities of the Finance Department. b. Manage and lead the Finance Department's revenue, purchasing, treasury, and general accounting functions, including the development and implementation of written policy procedures, work standards, goals and objectives, and execution of City Council’s action agenda items. c. Supervise, train, and evaluate staff assigned to the Finance Department. d. Serve as lead project manager for the Enterprise Resources Planning (ERP) implementation. e. Serve as Treasurer for the South County Regional Wastewater authority, the wastewater treatment facility and JPA with Gilroy and Morgan Hill. f. Provide executive level support to City Administrator in ensuring the fiscal sustainability of the City, by monitoring debt and liability levels, revenue volatility, and economic development within the City. g. Conduct training as required for departments' staff to effectively administer all financial transactions. h. Assist in the management, issuance, and maintenance of bonds and other long-term indebtedness. i. Assist in the development and implementation of contemporary financial and internal control systems, policies, and procedures practiced within the Finance Department. j. Present before City Council, public agencies, civic groups, and other organizations regarding Finance Department projects and programs. k. Any other duties or assignments typically assigned to the Finance Director. Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply with all City rules, policies, guidelines, regulations, and laws. Section 3. Compensation; Hours City agrees to compensate Retired Annuitant at $99.12 per hour for all services provided under this Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles of other City employees. City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee’s compensation. Retired Annuitant agrees and acknowledges that she shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant. Retired Annuitant shall record his hours on a pre-approved timesheet that shall be submitted to the City every month. The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Administrator, will assign Retired Annuitant hours to work. Due to the nature of the position, it is understood that the workday and workweek hours may vary, however DocuSign Envelope ID: A56571F3-B692-4D29-8088-9C920B48C0FC 10.B.b Packet Pg. 205 Attachment: Exhibit A - Cindy Murphy Interim Finance Director Employment Agreement (3073 : Appointment of Cindy Murphy as Interim Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 21221(h). There are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section. Section 4. Location The primary location for services will be at the following address: Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020 Section 5. Compliance with Laws This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement. Section 6. Termination This Agreement may be terminated by either party for convenience by providing written notice to the other party. Section 7. Miscellaneous a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral. In witness where of the parties have duly affixed their signatures on this __ day of October, 2020. DocuSign Envelope ID: A56571F3-B692-4D29-8088-9C920B48C0FC 10.B.b Packet Pg. 206 Attachment: Exhibit A - Cindy Murphy Interim Finance Director Employment Agreement (3073 : Appointment of Cindy Murphy as Interim Employer: City of Gilroy Jimmy Forbis, City Administrator Retired Annuitant: Cindy Murphy Approved as to Form: Andrew L. Faber, City Attorney Attest: Shawna Freels, City Clerk DocuSign Envelope ID: A56571F3-B692-4D29-8088-9C920B48C0FC 10/14/2020 10.B.b Packet Pg. 207 Attachment: Exhibit A - Cindy Murphy Interim Finance Director Employment Agreement (3073 : Appointment of Cindy Murphy as Interim