Agenda packet, regular meeting, first session — Gilroy City Council, June 20, 2022 (part 1 of 3)

June 16, 2022 6:45 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley

COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar

CITY COUNCIL

AGENDA

CITY OF GILROY

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.

MONDAY, JUNE 20, 2022

CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING

Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.

COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.

The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.

Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting a nd available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU .

In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing h eld at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a

City Council Regular Meeting Agenda
06/20/2022 Page2 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 C ity website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT

ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A

VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204

The agenda for this regular meeting is as follows:

1. OPENING

1.1. Call to Order

1. Pledge of Allegiance

2. Invocation

3. City Clerk's Report on Posting the Agenda

4. Roll Call

1.2. Orders of the Day

1.3. Employee Introductions

2. CEREMONIAL ITEMS

2.1. Proclamations, Awards, and Presentations

2.1.1. Proclamation - Parks Make Life Better! Month

2.1.2. Proclamation - 50th Anniversary of Title IX

2.1.3. Retirement Proclamation - Randy Decker

2.1.4. Retirement Proclamation - Tracy Kester

2.1.5. Retirement Proclamation - Nestor Quinones

City Council Regular Meeting Agenda
06/20/2022 Page3 3. COMMISSION INTERVIEWS

3.1. Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of June 10, 2022 for Future Appointment July 5, 2022

1. Staff Report: Thai Pham, City Clerk

2. Public Comment

3. Possible Action:

Interview candidates for open seats on City Boards, Commissions, and Committees vacant as of March 21, 2022.

4. PRESENTATIONS TO THE COUNCIL

4.1. Presentation by Frontier Communications Concerning Gilroy Fiber- optic Upgrades

4.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT

ON THE AGENDA BUT WITHIN THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda.

Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Cler k. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.

Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at [email protected] or mailed t o the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.

Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.

5. COUNCIL CORRESPONDENCE

5.1. City Council Member Meeting Attendance

5.2. Correspondence from Santa Clara Valley Transportation Authority

5.3. LAFCO Budget for FY 2022-2023

City Council Regular Meeting Agenda
06/20/2022 Page4 6. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.

Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee

Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate)

Council Member Marques – Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, H istoric Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater Authority (Alternate)

Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board

Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co.

Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility

Council Member Leroe-Muñoz – ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate)

Mayor Blankley – Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Reg ional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group

7. FUTURE COUNCIL INITIATED AGENDA ITEMS

City Council Regular Meeting Agenda
06/20/2022 Page5 8. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

8.1. City Council - Regular Meeting - Jun 6, 2022 6:00 PM

8.2. City Council - Special Meeting - Study Session - Jan 11, 2021 6:00 PM

8.3. City Council - Special Meeting - Feb 20, 2021 8:00 AM

8.4. City Council - Special Meeting - Study Session - Mar 8, 2021 6:00 PM

8.5. City Council - Special Meeting - Study Session - Sep 14, 2021 6:00 PM

8.6. Adopt a Resolution of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2022-2023 for the Gilroy Community Library Project Bonds

8.7. Amendment to the Agreement with Cal-West Lighting and Signal Maintenance, Inc. for Traffic Signal and Streetlight Maintenance

8.8. Approval of the Fourth Amendment to the Franchise Agreement Between the City of Gilroy and Recology South Valley for Solid Waste Management Services

9. BIDS AND PROPOSALS

9.1. Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner from Owen Equipment in an amount not to exceed $594,156.16.

1. Staff Report: Daryl Jordan, PE, Public Works Director

2. Public Comment

3. Possible Action:

Approve the purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner from Owen Equipment in an amount not to exceed $594,156.16 using the cooperative purchasing agreement with Sourcewell (formerly known as the National Joint Powers Alliance).

City Council Regular Meeting Agenda
06/20/2022 Page6 10. PUBLIC HEARINGS

10.1. Acceptance of the Public Health Goal Report for the Gilroy Drinking Water System in Accordance with California Health and Safety Code 116470

1. Staff Report: Daryl Jordan, PE, Public Works Director

2. Disclosure of Ex-Parte Communications

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

Accept the 2019-2021 Public Health Goal Report for the Gilroy Drinking Water System in accordance with California Health and Safety Code 116470.

11. UNFINISHED BUSINESS

11.1. Council Adopt a Resolution of the City Council of the City of Gilroy Calling and Giving Notice of, on Its Own Motion, the Submission to the Electors of the City of Gilroy at a Special Municipal Election, to be Consolidated with the Statewide General Election on November 8, 2022, a Ballot Measure Proposal to Amend Sections 1109 and 1111 of the City of Gilroy City Charter to Modify Construction Contract Procurement and the Bidding Process

1. Staff Report: Jimmy Forbis, City Administrator

2. Public Comment

3. Possible Action:

Council:
a) Discussion and consideration of a Council-sponsored charter amendment for the November 8, 2022 statewide general election;
b) If Council wishes to proceed with a charter amendment, adopt a resolution of the City Council of the City of Gilroy calling and giving notice of, on its own motion, the submission to the electors of the City of Gilroy at a special municipal election, to be consolidated with the statewide general election on November 8, 2022, a ballot measure proposal to amend sections 1109 and 1111 of the City of Gilroy City Charter to modify construction contract procurement and the bidding process; c) Council discussion and consideration of whether to permit rebuttal arguments and authorize the City Council or any member or members of the City Council to submit a rebuttal argument in favor of the City measure in the November 8, 2022 Voter’s Sample Ballot, pursuant to Elections Code Section 9285, to be incorporated in the resolution calling the election;
d) Council discussion and consideration of whether to authorize the City Council or any member or members of the City Council to submit an argument in favor of the City measure on the November 8, 2022 Voter's Sample Ballot, pursuant to Elections Code Section 9282, to be incorporated in the resolution calling the election; and

City Council Regular Meeting Agenda
06/20/2022 Page7 e) Council discussion and consideration of whether to direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis, pursuant to Elections Code Section 9280.

11.2. Approval of Third Extension to the Exclusive Negotiating Agreement with Sharks Sports & Entertainment, LLC to Fully Assess the Potential of Having the Sharks Organization Operate a New Indoor Recreational Facility

1. Staff Report: Jimmy Forbis, City Administrator

2. Public Comment

3. Possible Action:

Approve the Third Amendment to Exclusive Negotiating Rights Agreement with the Sharks Sports & Entertainment, LLC, and authorize the City Administrator to execute the Amendment

11.3. Gilroy Ice Center Non-Binding Term Sheet Approval

1. Staff Report: Jimmy Forbis, City Administrator

2. Public Comment

3. Possible Action:

Approve a non-binding term sheet with Sharks Sports & Entertainment, LLC (SSE) for the development of a two sheet ice facility at the Gilroy Sports Park.

11.4. Introduction of the Comprehensive User Fee Study and First Reading of an Ordinance Amending Sections of Chapter 7 of the Gilroy City Code Entitled "Cost Comparison System for Fee and Service Charge Revenue"

1. Staff Report: Harjot Sangha, Finance Director

2. Public Comment

3. Possible Action:

1. Receive 2022 Comprehensive User Fee Study report;

2. After the City Clerk reads the title of the ordinance, motion to waive further reading of the ordinance; and
b) Introduce an Ordinance of the City Council of the City of Gilroy amending sections 7.3, 7.4, and 7.5 of Chapter 7 of the Gilroy City Code entitled "Cost Comparison System for Fee and Service Charge Revenue".

City Council Regular Meeting Agenda
06/20/2022 Page8 12. INTRODUCTION OF NEW BUSINESS

12.1. 2022 Fireworks Public Safety Mitigation Fees

1. Staff Report: Jim Wyatt, Fire Chief

2. Public Comment

3. Possible Action:

A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A.

12.2. Approval of the Third Operating Memorandum to the Glen Loma Ranch Development Agreement

1. Staff Report: Melissa Durkin, Planner II

2. Public Comment

3. Possible Action:

Approve the Third Operating Memorandum to the Glen Loma Ranch Development Agreement.

13. CITY ADMINISTRATOR'S REPORTS

14. CITY ATTORNEY'S REPORTS

15. CLOSED SESSION

16. ADJOURNMENT

FUTURE MEETING DATES
JULY 2022
5* Regular Meeting - 6:00 p.m.

AUGUST 2022
1* Regular Meeting - 6:00 p.m.
15* Regular Meeting - 6:00 p.m.

SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.

OCTOBER 2022
3* Regular Meeting - 6:00 p.m.
17* Regular Meeting - 6:00 p.m.

NOVEMBER 2022
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.

DECEMBER 2022
5* Regular Meeting - 6:00 p.m.

*Meeting is webstreamed

(Riif/ fl~' (Ra4/0UUU/
·WHEREAS, the City of Gilroy joins cities and counties throughout California in promoting July as Parks Make Life Better! Month; and
WHEREAS, Parks and Recreation promotes physical, emotional, and mental health and wellness through organized and self-
directed fitness, play, and activity; and
WHEREAS, Parks and Recreation creates memorable experiences through youth sports and enrichment activities, teen
centers and programs, senior activity centers, adult fitness and enrichment programs, free community events, and
beyond;and
WHEREAS, Parks and Recreation fosters social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion,
promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and
WHEREAS, Parks and Recreation supports safe, vibrant, attractive, progressive communities that make life better through
positive alternatives offered in their recreational
opportunities; and
PARKS MAKE LIFE BETTER! MONTH
7/4a:iA /4 :·~
Marie Blankley
Attested to by:
~-~
Thai Nam Pham
Citv Clerk

2.1.1 Packet Pg. 9 Communication: Proclamation - Parks Make Life Better! Month (Proclamations, Awards, and Presentations)

2.1.2 Packet Pg. 10 Communication: Proclamation - 50th Anniversary of Title IX (Proclamations, Awards, and Presentations)

City of Gilroy

STAFF REPORT
Agenda Item Title: Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of June 10, 2022 for Future Appointment July 5, 2022
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Interview candidates for open seats on City Boards, Commissions, and Committees vacant as of March 21, 2022.

BACKGROUND
The City Council opened the annual recruitment period ending December 17, 2021, to fill seats on Boards, Commissions, and Committees with member terms vacant or expiring as of December 31, 2021. At the February 7, 2022 City Council Regular Meeting, Council appointed members to the various boards and committees; however, vacancies remained for the following:

3.1 Packet Pg. 11

• Arts and Culture Commission – One (1) seat with term expiring 12/31/2024 and one (1) seat with term expiring 12/31/2025
• Open Government Commission – One (1) seat with term expiring 12/31/2025 • Parks & Recreation Commission – One (1) seat with term expiring 12/31/2025 • Physically Challenged Board of Appeals – Two (2) seats with terms expiring 12/31/2025
Staff has made every effort to notify the public about the open vacancies via the City’s website and social media platforms. At the close of the application deadline, which was June 10, 2022 at 5 p.m., staff received two (2) applications for the following commission:

Diego Martinez and Jessica Irwin for Open Government Commission seat with term expiring 12/31/2025.

CONCLUSION
For those seats without sufficient applications, the recruitment remains open. Interviews have been scheduled with the City Council at this evening’s meeting, and appointments are scheduled to take place at the July 5, 2022 Regular Meeting.

Attachments:

1. Application - Open Government Commission - Martinez, Diego

2. Application - Open Government Commission - Irwin, Jessica

3.1 Packet Pg. 12

CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

From:[email protected]
To:City Clerk
Subject:EXTERNAL - Online Form Submittal: City of Gilroy Application for Board, Commission and Committee Appointment Date:Tuesday, May 3, 2022 1:56:45 PM
City of Gilroy Application for Board, Commission and Committee Appointment
City of Gilroy Application for Board, Commission, and Committee Appointment All Commission, Board and Committee applications are a public record.

First Name Diego
Last Name Martinez
Board/Commission/Committee
of Interest
Open Government Commission
Are you a registered voter
within the City limits?
Yes
Physical Address 1
City, State, Zip
Phone Number
E-mail Address
Alternate Phone Number Field not completed.

List your qualifications for this
appointment:

I am currently in my sophomore year at Gavilan
College where I am majoring in political science. I have great computer literacy, leadership, dependability,
research skills, communication and teamwork, and I
am also fluent in Spanish as my second language.

List any service to the
community including any prior
appointments.

I have volunteered at goodwill and at St. Mary’s food
pantry back in 2016-2017. I have also helped create
petitions for action at the apartments that I live at.

What are you goals while
serving on this
Board/Commission/Committee?
I hope to help the community grow as this is where I
have lived all of my life. I aim to gain experience in my field of study, which is political science, and to use that experience to come back in the future to run for office

3.1.a
Packet Pg. 13 Attachment: Application - Open Government Commission - Martinez, Diego (3822 : Commission Interviews)

in Gilroy. I wish to serve with complete eloquence.

Why are you the most qualified
to serve on this
Board/Commission/Committee?
I am the most qualified to serve, as I believe I will be the most passionate about serving my city and to help
the people of this great community. I will be the most
dependable out of everyone, and will strive to create a great experience for myself and my peers.

Declaration of Residency I Understand
Email not displaying correctly? View it in your browser.

3.1.a
Packet Pg. 14 Attachment: Application - Open Government Commission - Martinez, Diego (3822 : Commission Interviews)

CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

From:[email protected]
To:City Clerk
Subject:EXTERNAL - Online Form Submittal: City of Gilroy Application for Board, Commission and Committee Appointment Date:Saturday, June 4, 2022 1:27:00 PM
City of Gilroy Application for Board, Commission and Committee Appointment
City of Gilroy Application for Board, Commission, and Committee Appointment * All Commission, Board and Committee applications are a public record.

First Name Jessica
Last Name Irwin
Board/Commission/Committee
of Interest
Open Government Commission
Are you a registered voter
within the City limits?
Yes
Physical Address 1
City, State, Zip
Phone Number
E-mail Address
Alternate Phone Number Field not completed.

List your qualifications for this
appointment:

Professionally, I have
- 10+ years of security experience,
- 15 years of experience with strategic
communications, community management, and
community outreach with a focus on open source
technology and open access/open information.

As my primary expertise is in security and risk
management, I have:
- created data classification and data management
systems and policies,
- built and audited processes and systems in highly
regulated environments for sharing data and
information.

3.1.b
Packet Pg. 15 Attachment: Application - Open Government Commission - Irwin, Jessica (3822 : Commission Interviews)

In addition to keeping an eye on data quality and data
integrity, I have also:
- lead the communications and coordination for sharing
sensitive or important information with audiences large and small after notable security breaches, legal action, or and other high-profile incidents
- collaborated with several other entities and
organizations (local, state, and federal enforcement,
policy makers, private companies) to ensure that any
information being shared is not abused or misused.

List any service to the
community including any prior
appointments.

Before the COVID-19 pandemic hit, I spent 7 years
organizing and leading cybersecurity and privacy
trainings for librarians, educators, and students.

I have delivered cybersecurity and privacy trainings to students of all ages — elementary school to college
student.

I have also done security trainings for lawyers, judges, and public officials who are frequently the target of
harassment or threats.

What are you goals while
serving on this
Board/Commission/Committee?
I have 3 main goals in community participation:
1) To actively invest in my time, talents, and skills in my community here in Gilroy.
2) To help Gilroy reach its full potential by doing my
part to help build trust with open government initiatives. 3) To share cutting-edge professional knowledge that
helps the city do more despite resource drain and
budget cuts, potentially in cost-effective ways —
especially if technology can help!
Why are you the most qualified
to serve on this
Board/Commission/Committee?
Professionally, my work history and day-to-day
experience give me deep understanding and fluency in
balancing the need for openness with the need for data
privacy and discretion. I am also versed in educating
people about why some information cannot or should
not be shared, and actively demonstrating the various
policies and standards (municipal, state, federal) that various organizations and entities have to comply with
in order to dispell disinformation or rumors from
becoming an issue. Having collaborated with various
law enforcement agencies and regulators (local, state,
federal, and international) during active investigations and incidents, I understand the nuance of articulating
policy and making decisions around information
sharing, especially when there is significant pressure
from external groups for radical transparency (e.g.
putting it all out there without thinking about how

3.1.b
Packet Pg. 16 Attachment: Application - Open Government Commission - Irwin, Jessica (3822 : Commission Interviews)

information could be weaponized to cause harm to a
community or individuals).

On a personal level, I am deeply motivated to
contribute to my community in meaningful ways to
make it better and stronger for everyone.

Declaration of Residency I Understand
Email not displaying correctly? View it in your browser.

3.1.b
Packet Pg. 17 Attachment: Application - Open Government Commission - Irwin, Jessica (3822 : Commission Interviews)

City of Gilroy

MEMORANDUM

Date: June 20, 2022
To: Honorable Mayor and City Council Members
From: Thai Nam Pham, City Administrator
Subject: 2022 Council Member Attendance

Dear Honorable Mayor and Council Members,
Attached, please find City Council Member attendance to the Council Meetings beginning from January 4, 2021 to June 6, 2022.

Respectfully Submitted

Thai Nam Pham, City Clerk

5.1 Packet Pg. 18 Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)

Present Absent Present Absent Present AbsentMarie Blankley32 0 13 0 45 0Rebeca Armendariz29 3 11 2 40 5Dion Bracco32 0 13 0 45 0Zach Hilton26 6 8 5 34 11Peter Leroe‐Muñoz30 2 13 0 43 2Carol Marques32 0 12 1 44 1Fred Tovar31 1 12 1 43 22021 2022 (YTD) TOTALCity of Gilroy City Council Member Attendance to Council Meetings(2021 ‐ 2022 YTD)5.1Packet Pg. 19Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)

2022 Calendar Year Attendance1/10/2022 Regular1/24/2022 Regular2/7/2022 Regular2/15/2022 Special2/28/2022 Regular3/7/2022 Regular3/21/2022 Regular4/4/2022 Regular4/18/2022 Regular4/25/2022 Special5/2/2022 Regular5/16/2022 Regular06/06/2022 Regular6/20/2022 RegularMarie BlankleyPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPPAPPPADion Bracco PPPPPPPPPPPPPZach Hilton PAPPPAPPAAPPAPeter Leroe‐MuñozPPPPPPPPPPPPPCarol MarquesPPPPPPPPPAPPPFred Tovar PPPPPAPPPPPPP7/5/2022 Regular8/1/2022 Regular8/15/2022 Regular9/12/2022 Special9/19/2022 Regular10/3/2022 Regular10/17/2022 Regular11/7/2022 Regular11/21/2022 Regular12/5/2022 SpecialMarie BlankleyRebeca ArmendarizDion BraccoZach HiltonPeter Leroe‐MuñozCarol MarquesFred TovarMarie BlankleyRebeca ArmendarizDion BraccoZach HiltonPeter Leroe‐MuñozCarol MarquesFred Tovar13 012 112 111 213 085Total 2022 Present YTD Total 2021 Absent YTD13 05.1Packet Pg. 20Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)

2021 Calendar Year Attendance1/4/2021 Regular1/11/2021 Special Study Session1/25/2021 Regular2/1/2021 Regular2/10/2021 Special2/22/2021 Special3/01/2021 Regular3/8/2021 Specal Study Session3/15/2021 Regular3/29/2021 Special Study Session04/05/2021 Regular4/19/2022 Regular05/03/2021 Regular05/10/2021 Special5/17/2021 Regular5/24/2021 SpecialMarie BlankleyPPPPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPPPPPPPPPPDion Bracco PPPPPPPPPPPPPPPPZach Hilton PPPPPPPPPPPPPAPPPeter Leroe‐MuñozPPPPPPPAPPPPPPPPCarol MarquesPPPPPPPPPPPPPPPPFred Tovar PPPPPAPPPPPPPPPP06/07/2021 Regular06/21/2021 Regular07/01/2021 Regular08/02/2021 Regular08/16/2021 Regular8/23/2021 Special09/13/2021 Regular9/14/2021 Special09/20/2021 Regular10/04/2021 Regular10/18/2021 Regular10/25/2021 Special11/1/2021 Special11/15/2021 Special12/06/2021 Special12/13/2021 SpecialMarie BlankleyPPPPPPPPPPPPPPPPRebeca ArmendarizPPPPPPPAPPPPAPAPDion Bracco PPPPPPPPPPPPPPPPZach Hilton PPPPAPPAAPPPAPPAPeter Leroe‐MuñozPPPAPPPPPPPPPPPPCarol MarquesPPPPPPPPPPPPPPPPFred Tovar PPPPPPPPPPPPPPPPMarie BlankleyRebeca ArmendarizDion BraccoZach HiltonPeter Leroe‐MuñozCarol MarquesFred Tovar031 1Total 2021 Present Total 2021 Absent32 029 332 026 630 2325.1Packet Pg. 21Communication: City Council Member Meeting Attendance (COUNCIL CORRESPONDENCE)

5.2 Packet Pg. 22 Communication: Correspondence from Santa Clara Valley Transportation Authority (COUNCIL CORRESPONDENCE)

5.2 Packet Pg. 23 Communication: Correspondence from Santa Clara Valley Transportation Authority (COUNCIL CORRESPONDENCE)

5.2 Packet Pg. 24 Communication: Correspondence from Santa Clara Valley Transportation Authority (COUNCIL CORRESPONDENCE)

June 6, 2022 TO: County Executive, Santa Clara County City Managers, Cities in Santa Clara County District Managers, Independent Special Districts in Santa Clara County FROM: Neelima Palacherla, LAFCO Executive Officer SUBJECT: LAFCO BUDGET FOR FISCAL YEAR 2022-2023 ____________________________________________________________________________________________________ At its public hearing on June 1, 2022, the Local Agency Formation Commission (LAFCO) adopted its Final Budget for Fiscal Year 2022-2023. The adopted Final Budget and the staff reports are attached for your information. Pursuant to the apportionment method specified in Government Code §56381 and §56381.6, the County Auditor-Controller will apportion LAFCO’s net operating expenses to the cities, the County and the independent special districts based on the Final Budget adopted by LAFCO. Please expect to receive an invoice from the County Controller’s Office in the next few days. Should you have any questions regarding the LAFCO budget or cost apportionment, do not hesitate to contact me at (408) 993-4713 / [email protected]. Thank you. Attachments: Fiscal Year 2022-2023 Budget approved by LAFCO on June 1, 2022 June 1, 2022 Staff Report: Final LAFCO Budget for FY 2022-2023 April 6, 2022 Staff Report: Proposed Work Plan and Budget for FY 2022-2023 cc: Board of Supervisors, Santa Clara County City Council Members, Cities in Santa Clara County Independent Special District Board Members Santa Clara County Cities Association Santa Clara County Special Districts Association

5.3 Packet Pg. 25 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

FINAL LAFCO BUDGET
FISCAL YEAR 2022- 2023
ITEM #TITLE

APPROVED
BUDGET
FY 2022

ACTUALS
Year to Date
2/28/2022

PROJECTIONS
Year End
FY 2022
FINAL
BUDGET
FY 2023

EXPENDITURES
Object 1: Salary and Benefits $844,239 $412,232 $691,414 $810,419 Object 2: Services and Supplies
5255100 Intra-County Professional $10,000 $0 $10,000 $10,000 5255800 Legal Counsel $75,896 $48,562 $75,000 $78,326
5255500 Consultant Services $150,000 $25,239 $100,000 $150,000 5285700 Meal Claims $750 $56 $100 $750
5220100 Insurance $8,500 $8,590 $8,590 $9,237
5250100 Office Expenses $5,000 $1,098 $2,000 $5,000
5270100 Rent & Lease $47,784 $35,838 $47,784 $53,182
5255650 Data Processing Services $22,048 $10,665 $22,048 $28,038 5225500 Commissioners' Fee $10,000 $1,300 $7,000 $10,000 5260100 Publications and Legal Notices $1,000 $551 $1,000 $1,000 5245100 Membership Dues $12,500 $12,316 $12,316 $12,887 5250750 Printing and Reproduction $1,500 $0 $500 $1,500 5285800 Business Travel $10,000 $0 $0 $10,000
5285300 Private Automobile Mileage $1,000 $7 $150 $1,000 5285200 Transportation&Travel (County Car Usage)$600 $0 $100 $600 5281600 Overhead $49,173 $24,587 $49,173 $30,041
5275200 Computer Hardware $3,000 $0 $1,000 $3,000
5250800 Computer Software $5,000 $853 $4,000 $5,000
5250250 Postage $1,000 $3 $500 $1,000
5252100 Staff/Commissioner Training Programs $2,000 $0 $1,000 $2,000 5701000 Reserves -$50,000 $0 $0 $0
TOTAL EXPENDITURES $1,210,990 $581,897 $1,033,675 $1,222,980

REVENUES
4103400 Application Fees $30,000 $24,077 $30,000 $30,000 4301100 Interest: Deposits and Investments $6,000 $4,283 $6,000 $6,000 TOTAL REVENUE $36,000 $28,360 $36,000 $36,000
3400150 FUND BALANCE FROM PREVIOUS FY $288,660 $312,351 $312,351 $201,006 NET LAFCO OPERATING EXPENSES $886,330 $241,186 $685,324 $985,974 3400800 RESERVES Available $200,000 $200,000 $200,000 $200,000

COSTS TO AGENCIES
5440200 County $295,443 $295,443 $295,443 $328,658
4600100 Cities (San Jose 50% + Other Cities 50%)$295,443 $295,443 $295,443 $328,658 4600100 Special Districts $295,443 $295,443 $295,443 $328,658

5.3 Packet Pg. 26 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

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ITEM # 6
LAFCO MEETING: June 1, 2022
TO: LAFCO
FROM: Neelima Palacherla, Executive Officer
SUBJECT: FINAL BUDGET FOR FY 2023
FINANCE COMMITTEE / STAFF RECOMMENDATIONS 1.Adopt the Final Budget for Fiscal Year 2022-2023.2.Find that the Final Budget for Fiscal Year 2023 is expected to be adequate toallow the Commission to fulfill its statutory responsibilities.3.Authorize staff to transmit the Final Budget adopted by the Commissionincluding the estimated agency costs to the cities, the special districts, theCounty, the Cities Association of Santa Clara County and the Santa Clara CountySpecial Districts Association.4.Direct the County Auditor-Controller to apportion LAFCO costs to the cities; tothe special districts; and to the County; and to collect payment pursuant toGovernment Code §56381.

NO CHANGES TO THE DRAFT/PRELIMINARY BUDGET On April 6, 2022, the Commission adopted its preliminary budget for Fiscal Year 2022-2023. No changes are recommended to the preliminary budget adopted by the commission.

LAFCO ANNUAL BUDGET PROCESS REQUIREMENTS The Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (CKH Act) which became effective on January 1, 2001, requires LAFCO, as an independent agency, to annually adopt a draft budget by May 1 and a final budget by June 15 at noticed public hearings. Both the draft and the final budgets are required to be transmitted to the cities, the special districts and the County. Government Code §56381(a) establishes that at a minimum, the budget must be equal to that of theprevious year unless the Commission finds that reduced staffing or program costswill nevertheless allow it to fulfill its statutory responsibilities. Any unspent funds atthe end of the year may be rolled over into the next fiscal year budget. Afteradoption of the final budget by LAFCO, the County Auditor is required to apportion

5.3 Packet Pg. 27 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

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the net operating expenses of the Commission to the agencies represented on LAFCO. LAFCO and the County of Santa Clara entered into a Memorandum of Understanding (MOU) (effective since July 2001), under the terms of which, the County provides staffing, facilities, and services to LAFCO. The associated costs are reflected in the LAFCO budget. LAFCO is a stand-alone, separate fund within the County’s accounting and budget system and the LAFCO budget information is formatted using the County’s account descriptions/codes.

COST APPORTIONMENT TO CITIES, DISTRICTS AND THE COUNTY The CKH Act requires LAFCO costs to be split in proportion to the percentage of an agency’s representation (excluding the public member) on the Commission. Santa Clara LAFCO is composed of a public member, two County board members, two city council members, and since January 2013 – two special district members. Government Code §56381(b)(1)(A) provides that when independent special districts are seated on LAFCO, the county, cities and districts must each provide a one-third share of LAFCO’s operational budget. Since the City of San Jose has permanent membership on LAFCO, as required by Government Code §56381.6(b), the City of San Jose’s share of LAFCO costs must be in the same proportion as its member bears to the total membership on the commission, excluding the public member. Therefore in Santa Clara County, the City of San Jose pays one sixth and the remaining cities pay one sixth of LAFCO’s operational costs. Per the CKH Act, the remaining cities’ share must be apportioned in proportion to each city’s total revenue, as reported in the most recent edition of the Cities Annual Report published by the Controller, as a percentage of the combined city revenues within a county. Each city’s share is therefore based on the 2019/2020 Report – which is the most recent edition available. Government Code Section 56381 provides that the independent special districts’ share shall be apportioned in proportion to each district’s total revenues as a percentage of the combined total district revenues within a county. The Santa Clara County Special Districts Association (SDA), at its August 13, 2012 meeting, adopted an alternative formula for distributing the independent special districts’ share to individual districts. The SDA’s agreement requires each district’s cost to be based on a fixed percentage of the total independent special districts’ share. The estimated apportionment of LAFCO’s FY 2023 costs to the individual cities and districts is included as Attachment B. The final costs will be calculated and invoiced to the individual agencies by the County Controller’s Office after LAFCO adopts the final budget.

ATTACHMENTS Attachment A: Final LAFCO Budget for Fiscal Year 2023 Attachment B: Costs to Agencies Based on the Final Budget

5.3 Packet Pg. 28 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

FINAL LAFCO BUDGET
FISCAL YEAR 2022- 2023
ITEM #TITLE

APPROVED
BUDGET
FY 2022

ACTUALS
Year to Date
2/28/2022

PROJECTIONS
Year End
FY 2022
FINAL
BUDGET
FY 2023

5.3 Packet Pg. 29 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

$985,974

JURISDICTION REVENUE PER
2019/2020 REPORT

PERCENTAGE OF

TOTAL REVENUE

ALLOCATION

PERCENTAGES

ALLOCATED
COSTS
County N/A N/A 33.3333333%$328,658.00
Cities Total Share 33.3333333%$328,658.00
San Jose N/A N/A 50.0000000%$164,329.00
Other cities share 50.0000000%$164,329.00
Campbell $64,253,019 1.7539391%$2,882.23
Cupertino $123,486,910 3.3708692%$5,539.32
Gilroy $124,499,405 3.3985077%$5,584.73
Los Altos $58,920,260 1.6083688%$2,643.02
Los Altos Hills $18,781,680 0.5126907%$842.50
Los Gatos $51,842,412 1.4151621%$2,325.52
Milpitas $200,526,874 5.4738585%$8,995.14
Monte Sereno $4,295,543 0.1172571%$192.69
Morgan Hill $108,189,286 2.9532842%$4,853.10
Mountain View $423,194,503 11.5521016%$18,983.45
Palo Alto $703,037,932 19.1910943%$31,536.53
Santa Clara $1,109,294,952 30.2808470%$49,760.21
Saratoga $33,333,495 0.9099171%$1,495.26
Sunnyvale $639,698,827 17.4621026%$28,695.30
Total Cities (excluding San Jose)$3,663,355,098 100.0000000%$164,329.00 Total Cities (including San Jose)$328,658.00
Special Districts Total Share (Fixed %)33.3333333%$328,658.00 Aldercroft Heights County Water District 0.06233%$204.85 Burbank Sanitary District 0.15593%$512.48
Cupertino Sanitary District 2.64110%$8,680.19
El Camino Healthcare District 4.90738%$16,128.50
Guadalupe Coyote Resource Conservation District 0.04860%$159.73 Lake Canyon Community Services District 0.02206%$72.50
Lion's Gate Community Services District 0.22053%$724.79 Loma Prieta Resource Conservation District 0.02020%$66.39 Midpeninsula Regional Open Space District 5.76378%$18,943.12 Purissima Hills Water District 1.35427%$4,450.92
Rancho Rinconada Recreation and Park District 0.15988%$525.46 San Martin County Water District 0.04431%$145.63
Santa Clara Valley Open Space Authority 1.27051%$4,175.63 Santa Clara Valley Water District 81.44126%$267,663.21
Saratoga Cemetery District 0.32078%$1,054.27
Saratoga Fire Protection District 1.52956%$5,027.02
South Santa Clara Valley Memorial District 0.03752%$123.31 Total Special Districts 100.00000%$328,658.00
Total Allocated Costs $985,974.00
https://www.sco.ca.gov/Files-ARD-Local/LocRep/2019-20_Cities_Revenues_LAFCO_Fee_CalculationsADA.pdf `
LAFCO COST APPORTIONMENT: COUNTY, CITIES, SPECIAL DISTRICTS Estimated Costs to Agencies Based on the Final FY 2023 LAFCO Budget Net Operating Expenses for FY 2023
* Based on the FY 2019-2020 Annual Cities Report:

ITEM #6
Attachment B

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ITEM # 9
LAFCO MEETING: April 6, 2022
TO: LAFCO
FROM: Neelima Palacherla, Executive Officer
Dunia Noel, Asst. Executive Officer
SUBJECT: PROPOSED WORK PLAN AND BUDGET FOR FY 2023
FINANCE COMMITTEE / STAFF RECOMMENDATIONS 1. Adopt the Proposed Work Plan for Fiscal Year 2022-2023. 2. Adopt the Proposed Budget for Fiscal Year 2022-2023. 3. Find that the Proposed Budget for Fiscal Year 2023 is expected to be adequate to allow the Commission to fulfill its statutory responsibilities. 4. Authorize staff to transmit the Proposed Budget adopted by the Commission including the estimated agency costs as well as the LAFCO public hearing notice for the adoption of the Fiscal Year 2023 Final Budget to the cities, the special districts, the County, the Cities Association of Santa Clara County and the Santa Clara County Special Districts Association.

ANNUAL BUDGET PROCESS REQUIREMENTS The Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (CKH Act) which became effective on January 1, 2001, requires LAFCO, as an independent agency, to annually adopt a proposed budget by May 1 and a final budget by June 15 at noticed public hearings. Both the proposed and the final budgets are required to be transmitted to the cities, the special districts and the County. Government Code §56381(a) establishes that at a minimum, the budget must be equal to that of the previous year unless the Commission finds that reduced staffing or program costs will nevertheless allow it to fulfill its statutory responsibilities. Any unspent funds at the end of the year may be rolled over into the next fiscal year budget. After adoption of the final budget by LAFCO, the County Auditor is required to apportion the net operating expenses of the Commission to the agencies represented on LAFCO.

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FISCAL YEAR 2022-2023 BUDGET DEVELOPMENT TIMELINE
Dates Staff Tasks / LAFCO Action March 14 - April 6 Notice of this public hearing was advertised in a local newspaper, posted on the LAFCO website and distributed to local agencies. The agenda and a link to the posted agenda packet are also distributed to local agencies, interested persons and organizations. The proposed Workplan and Budget are posted on the LAFCO website and available for public review and comment. April 6 LAFCO public hearing on adoption of Proposed Workplan and Budget April 7 Proposed Work Plan and Budget, preliminary apportionments and LAFCO public hearing notice for Final Budget Hearing transmitted to agencies June 1 LAFCO public hearing and adoption of Final Budget June 1 - July 1 Final Budget transmitted to agencies; Auditor requests payment from agencies LAFCO FINANCE COMMITTEE At its February 2, 2022 LAFCO meeting, the Commission reappointed Commissioner Jimenez, Commissioner Kremen and Alternate Commissioner Melton to serve on the Finance Committee for FY 2023. At its special meeting held on March 14, 2022, the Finance Committee discussed the progress on the current year work plan and the status of the current year budget; and recommended the proposed FY 2023 work plan and budget for consideration and adoption by the full commission.

CURRENT YEAR IN REVIEW
PROGRESS REPORT ON FY 2021-2022 WORK PLAN LAFCO’s current fiscal year workplan was adopted at a noticed public hearing held on April 7, 2021. Attachment A depicts the current status (through the third quarter of the year) of the 2021-2022 Work Program. A major work focus during the past year has centered on the Countywide Fire Service Review including project kick-off and management, and stakeholder and public outreach. Staff prepared outreach material and coordinated with the Technical Advisory Committee and partner agencies to conduct three community meetings and a community survey to gather feedback on fire issues. The project has been on hold since January 2022 when LAFCO’s consultant contract was terminated.

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Staff is working on a process to retain a new consultant and proceed with the service review. LAFCO has seen a relatively higher application workload during this period – staff is currently processing three major applications and an inactive district dissolution; and has held several other pre-application meetings with local agencies and entities. Staff has also received and responded to many requests for assistance and expertise from local and regional agencies on a variety of matters in support of local or shared goals such as island annexations, environmental review activities, regional plans, housing needs allocations, city general plan updates and other topics that affect local agency boundaries and services. Similarly, responding to public inquiries is another significant and growing area of the workplan and staff has seen an increase in the volume and complexity of such inquiries particularly requests for information under the Public Records Act. In accordance with the Commission’s directive, as opportunities arise and time permits, staff has conducted targeted outreach to various local entities (special districts, County, cities and other community organizations/individuals) on LAFCO’s role in promoting sustainable growth and good governance. Other notable administrative activities and projects that have been completed or are underway include among others, the annual financial audit, the annual report, new commissioners onboarding, required staff training, bylaws revision, and office space lease negotiation and extension. Notwithstanding the preceding progress on various work plan items, some important, high priority projects such as the comprehensive review and update of LAFCO policies and scanning of LAFCO records have fallen behind and will not be completed by the end of the fiscal year. The delays are partly due to the application workload, increased demand for LAFCO services and staff’s efforts to prioritize and meet the needs of the local agencies and the public; and staffing issues including a vacant analyst position since January 2021. The projects in the current workplan that will not be completed by the end of the fiscal year have been added to the proposed FY 2023 workplan. The Finance Committee discussed this situation and its impact on the accomplishment of the work plan items and recommended that staff consider the option of recruiting temporary staff or an intern to assist with certain work plan items such as the scanning of LAFCO records. The LAFCO Annual Report for FY 2022 will be published at the end of the current fiscal year and will document all the applications reviewed and processed by LAFCO in Fiscal Year 2022; and will summarize the various accomplishments, activities/projects that LAFCO has engaged in or completed during the period.

STATUS OF FY 2021-2022 ADOPTED BUDGET
Attachment D includes the FY 2022 final budget adopted by the Commission at a noticed public hearing on June 2, 2021, the status of LAFCO’s expenditures and revenues as of February 28, 2022 and expenditure and revenue projections for FY

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2022 year end. The adopted LAFCO budget for FY 2022 is $886,330 and reflects a 10% reduction compared to the previous fiscal year’s (FY 2021) budgeted operating expenses. It is estimated that the total year-end projected expenditures for FY 2022 would be approximately 22% lower than the adopted budget primarily due to salary savings from the vacant analyst position and unspent Business Travel (due to the pandemic) and Consultant Services line items (due to the fire service review consultant termination, although it is expected that a portion of the Consultant Services line item amount will be encumbered for the new consultant). Staff anticipates that year end revenue for FY 2022 will tally with the amount budgeted. LAFCO has received the respective FY 2022 cost shares from the County, the cities and the independent special districts. The actual fund balance rolled over at the end of FY 2021 was higher at $312,351, compared to the amount estimated ($288,660) in the FY 2022 budget. The excess fund balance and the unspent FY 2022 expenditure amounts will carry over into FY 2023 and will be used to reduce net operating expenses that would in turn translate to reduced FY 2023 costs for contributing agencies.

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
Attachment C includes the proposed work plan for FY 2023, as recommended by the Finance Committee, for consideration and adoption by the full commission. The proposed workplan includes ongoing as well as new projects and outlines detailed projects/activities organized under six broad areas: (1.) LAFCO application processing; (2.) island annexations; (3.) outreach, government/community relations and customer service; (4.) service reviews, special studies and sphere of influence updates; (5.) commission support; and (6.) administrative projects. The work plan assigns priority levels (high, moderate, low); and designates whether the work is to be conducted by staff or outside consultants. The proposed work plan includes a broad spectrum of responsibilities that LAFCO, as an independent local agency and as a regulatory body of the state, is expected to fulfil in its role of promoting sustainable growth and good governance in Santa Clara County. It incorporates the Commission’s legislative functions and mandates and also the Commission’s proactive local initiatives and priorities such as its directives for ongoing public outreach and communications, comprehensive organizational assessment and its proactive service review and implementation program. Reduced staffing levels due to a vacant analyst position since January 2021 will continue to affect work plan priorities and the accomplishment of the work plan. Recruitment for the vacant position is pending completion of the County’s classification study for LAFCO which is expected to be completed in the next few months at which time LAFCO can begin recruitment. However, actual professional staffing capabilities will be below 4.0 FTE for at least half of the upcoming fiscal year, and possibly longer considering the onboarding and training period for the new staff person.

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According to the Comprehensive Organizational Assessment report prepared by LAFCO’s consultant, even the 4.0 FTE staffing level is lower than other LAFCOs with comparable operations. However, in August 2020, the Commission voted to maintain the current 4.0 FTE staffing level given uncertain economic conditions related to the COVID-19 pandemic but kept open the option to consider the potential addition of 1.0 FTE in the future. To address this reduced staffing situation, staff must actively manage the workload in order to focus on accomplishing essential activities such as processing applications, completing projects currently underway such as the Countywide Fire Service Review, maintaining core administrative functions, tracking on-going projects and studies, supporting the commission and responding to local agency and public requests for assistance. Non-essential activities and other proactive initiatives will need to be deferred until staffing levels/expertise are restored. This is consistent with past practice where LAFCO’s statutorily mandated activities take priority over administrative projects that are not statutorily required, and over proactive commission-initiated projects which are discretionary but support LAFCO’s mission and statutory requirements.

PROPOSED BUDGET FOR FISCAL YEAR 2023
Attachment D includes the proposed Budget for FY 2022-2023 as recommended by the Finance Committee, for consideration and adoption by the full commission. The Finance Committee conducted a thorough review of the work plan and budget and recognized the public benefit of LAFCO’s work and the high demand for LAFCO’s services from local agencies and the public. The Committee maintained its commitment to ensure adequate resources that allow the Commission to fulfill its statutory responsibilities and accomplish its work plan while also limiting costs for LAFCO’s funding agencies As a result, the proposed budget maintains the overall expenditure for FY 2023 ($1,222,980) at a substantially similar level to the current year budget ($1,210,990). In addition to managing expenses to limit net operating expenses, projected current year cost savings (from salary savings, unspent travel, and other reduced operational costs), and a larger than estimated fund balance from FY 2021 are expected to result in a $312,351 fund balance at the end of the current year – and will be used to further reduce net operating expenses in FY 2023. LAFCO’s proposed net operating expense for FY 2023 is 11% higher than the current year budgeted amount which was 10% lower than FY 2021 which in turn was 14% lower than the FY 2020 operating expenses. Thus, the proposed 11% increase follows two years of reduced local agencies’ apportionments and is needed to meet state mandates and LAFCO work plan objectives.

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DESCRIPTION OF FY 2022-2023 BUDGET LINE ITEMS LAFCO and the County of Santa Clara entered into a Memorandum of Understanding (MOU) (effective since July 2001), under the terms of which, the County provides staffing, facilities, and services to LAFCO. The associated costs are reflected in the proposed LAFCO budget. LAFCO is a stand-alone, separate fund within the County’s accounting and budget system and the LAFCO budget information is formatted using the County’s account descriptions/codes. The following is a detailed itemization of the proposed budget.

EXPENDITURES Expenditures are divided into two main sections: Staff Salary and Benefits (Object 1) which comprise 66% of the total expenditures, and Services and Supplies (Object 2).

OBJECT 1. SALARIES AND BENEFITS $810,419 This line item supports the salary and benefits for the 4.0 FTE positions including the Executive Officer position, the two Analyst positions and the Clerk position. One Analyst position is currently vacant. Recruitment for the position is on hold until the County’s classification study for LAFCO staff positions is completed. LAFCO contracts with the County of Santa Clara for staffing and services and in accordance with the MOU between the County and LAFCO, all four positions are staffed through the County Executive’s Office. The proposed amount is based on the best available projections from the County at this time for salary and benefits for the 4 positions. Changes to the projections for the four positions that occur within the next couple of months will be reflected in the Final LAFCO budget. $0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
FY 2020 FY 2021 FY 2022 FY 2023
LAFCO Net Operating Expenses

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OBJECT 2. SERVICES AND SUPPLIES
5255100 Intra-County Professional $10,000 This includes the costs for services from various County agencies such as the County Surveyor’s Office, the County Assessors’ Office, and the Registrar of Voters. The County Surveyor assists with map review and approval for boundary change proposals. In addition, the Surveyor’s Office also assists with research to resolve boundary discrepancies. The County Assessor’s Office prepares reports for LAFCO and the Registrar of Voters provides data necessary for processing LAFCO applications. This item also allows LAFCO to seek GIS mapping services including maintenance and technical assistance from the County Planning Office, as necessary. This budgeted amount has been maintained at the same level as the current year. 5255800 Legal Counsel $78,326 This item covers the cost for general legal services. In February 2009, the Commission retained the firm of Best Best & Krieger for legal services on a monthly retainer. The contract was amended in 2010 to reduce the number of total hours required to 240 hours per year. The contract sets the hourly rate and allows for an annual automatic adjustment to the rates based on the Consumer Price Index (CPI). In 2017, the contract was once again amended to increase the monthly retainer cost and limit the CEQA work within the retainer to 24 hours annually. Any additional CEQA work above 24 hours would be charged outside the retainer at the same hourly rate. The monthly retainer for FY 2023 increases to $6,278, based on a 3.2% increase in the Consumer Price Index for the prior calendar year (2021). This item covers the annual retainer fees and includes additional monies to cover approximately 10 hours of work outside the retainer at the current hourly rate of $299. 5255500 Consultant Services $150,000 This item is budgeted for hiring consultants to assist LAFCO with special projects such as for conducting service reviews and special studies, facilitating a strategic planning workshop, scanning LAFCO’s hardcopy records into the existing electronic document management system, meeting broadcast services for LAFCO meetings and for conducting the annual financial audit, among others. The Commission must take action to authorize such special projects prior to expending funds. This item also includes costs associated with ongoing existing contracts such as costs for maintenance and hosting of the LAFCO website by an outside provider. 5285700 Meal Claims $750 This item includes cost of food to support Commission events, workshops, meetings. 5220200 Insurance $9,237 This item is for the purpose of purchasing general liability insurance and workers’ compensation coverage for LAFCO. In 2010, LAFCO switched from the County’s coverage to the Special District Risk Management Authority (SDRMA), for the provision of general liability insurance. Additionally, LAFCO also obtains workers’

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compensation coverage for its commissioners from SDRMA. Workers’ compensation for LAFCO staff is currently covered by the County and is part of the payroll charge. SDRMA has recently provided estimated FY 2023 contribution amounts for use in the budgeting process: Property Liability ($8,137) and Workers’ Compensation ($1,100). SDRMA is in the process of negotiating rates on behalf of its program membership and expects to confirm rates in mid-May. The Final budget will reflect any major revisions to these estimates. 5270100 Rent & Lease $53,132 This item includes monthly rent for LAFCO office space during the FY 2023. The current lease term expires on May 5, 2022. At its February 2, 2022 Meeting, the Commission authorized the extension of the lease for a five year period through April 30, 2027. 5250100 Office Expenses $5,000 This item includes funds for purchase of books, subscriptions/publications necessary to keep current on laws and trends; small equipment and supplies for office operations, including printer/photocopier lease. 5255650 Data Processing Services $28,038 This item includes estimated costs associated with County Technology Solutions & Services Department (TSS) providing IT services to the LAFCO program. According to TSS, the projected costs cover Telecom services for 5 phones- VOIP/Landline ($3,300), Wireless Carrier Service ($550), MS Adobe special order, Acrobat Pro and MS Visio monthly subscription ($2,535), and other services ($21,653) comprising Enterprise Content Management services and solutions, Kronos support, Architecture and Innovation Services, Claranet services, Data Analytics and Visualizations, digital print and sccLearn. Any further revised cost estimates received from the County will be reflected in the Final LAFCO budget. 5225500 Commissioner’s Fees $10,000 This item covers the $100 per diem amount for LAFCO commissioners and alternate commissioners to attend LAFCO meetings and committee meetings. 5260100 Publications and Legal Notices $1,000 This item is for costs associated with publication of hearing notices for LAFCO applications and other projects/ studies, as required by state law. This budgeted amount has been maintained at the same level as the current year. 5245100 Membership Dues $12,887 This item includes CALAFCO – the California Association of LAFCOs membership dues. As approved at the CALAFCO Annual Membership Business meeting on October 31, 2019, the FY 2023 membership dues for Santa Clara LAFCO is $11,287. Additionally, this item includes estimated membership dues for CSDA – the California Special Districts Association. In June 2018, CSDA informed staff that Santa Clara LAFCO as a customer of SDRMA, must be a member of CSDA pursuant to SDRMA bylaws.

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5250750 Printing and Reproduction $1,500 This covers printing expenses for reports such as service reviews or other studies and documents. 5285800 Business Travel $10,000 This item includes funding for staff and commissioners to attend conferences and workshops. It would cover costs of air travel, accommodation, conference registration and other expenses at the conferences. CALAFCO annually holds a Staff Workshop (April 2023) and an Annual Conference (October 2022) that is attended by commissioners as well as staff. 5285300 Private Automobile Mileage $1,000 This item provides for mileage reimbursement when staff travels by private car to conduct site visits and attend meetings / training sessions. This budgeted amount has been maintained at the same level as the current year. 5285200 Transportation and Travel (for use of County car) $600 This item would cover costs associated with the use of a County vehicle for travel to conferences, workshops, site visits and meetings. 5281600 Overhead $30,041 This overhead charge is established by the County Controller’s Office, for service rendered by various County departments that do not directly bill LAFCO. The overhead includes LAFCO’s share of the County’s FY 2023 Cost Allocation Plan which is based on actual overhead costs from FY 2021 – the most recent year for which actual costs are available. The overhead amount includes the following charges from: County Executive’s Office: $11,036 Controller-Treasurer: $10,131 Employee Services Agency: $6,550 OBA: $330 BHS-MH - Employee: $211 TSS Intragovernmental Service: $912 Technology Services & Solutions: $3,496 Procurement: $137 Further, a “roll forward” is applied which is calculated by comparing FY 2021 Cost Plan estimates with FY 2021 actuals. The FY 2021 cost estimates were lower than the actuals by $2,736; this amount is added to the FY 2023 Cost Plan. This is a state requirement. 5275200 Computer Hardware $3,000 This item is designated for any required hardware upgrades / purchases.

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5250800 Computer Software $5,000 This amount is designated for computer software purchases, and annual licenses for GIS software and records management (LaserFische) hardware/software annual maintenance agreement. 5250250 Postage $1,000 This amount covers postage costs for mailing notices, agendas, agenda packets and general correspondence. This budgeted amount has been maintained at the same level as the current year. 5252100 Training Programs $2,000 This item covers the costs associated with attendance at staff development courses and seminars. CALAFCO conducts University Courses throughout the year on topics of relevance to LAFCO.

REVENUES
4103400 Application Fees $30,000 It is anticipated that LAFCO will receive approximately $30,000 in fees from processing applications. The actual amount earned from fees depends entirely on the level of application activity. 4301100 Interest $6,000 It is estimated that LAFCO will receive an amount of approximately $6,000 from interest earned on LAFCO funds. 3400150 Fund Balance from Previous Fiscal Year (FY 2022) $201,006 It is projected that there will be a savings or fund balance of approximately $201,006 at the end of the current year, which will be carried over to reduce the proposed Fiscal Year 2023 costs for LAFCO’s funding agencies (cities, independent special districts and the County). Projected Year-End [FY 2022] Fund Balance = (Projected Year-End [FY 22] Revenue + Actual Fund Balance from Previous Fiscal Year [FY 21] + Funds Received from Local Agencies in FY 22) - (Projected Year-End [FY 22] Expenses) = ($36,000+ $312,352 + $886,330) - $1,033,675 = $201,006 The fund balance excludes the reserves.

RESERVES
3400800 Reserves Available $200,000 This item includes reserves for two purposes: litigation reserve – for use if LAFCO is involved with any litigation; and contingency reserve – to be used for unexpected expenses. If used during the year, this account will be replenished in the following year. Since 2012, the reserves have been retained in a separate Reserves account, thus eliminating the need for LAFCO to budget each year for this purpose.

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The Reserves amount was held at $250,000 since FY 2020 to timely implement potential recommendations from the Comprehensive Organizational Assessment, and as a tentative measure in recognition that LAFCO operates in an increasingly complex and controversial environment. The implementation of the Comprehensive Organizational Assessment Study is currently pending the completion of the Classification Study by the County, which is expected soon. In FY 2022, LAFCO reduced the Reserves to $200,000, in order to further reduce costs to local agencies given the COVID -19 related economic hardships. The Finance Committee recommends maintaining the current level of reserves for FY 2023. This places the proposed Reserve amount at approximately 16% of the total FY 2023 expenditures. LAFCO has not adopted a Reserves policy, however as an independent agency, LAFCO should maintain sufficient reserves for flexibility and stability in the event of unanticipated needs.

FY 2023 NET OPERATING EXPENSES FY 2023 Net Operating Expenses = (Proposed FY 2023 Expenditures) - (Proposed FY 2023 Fee & Interest Revenues + Projected Fund Balance from FY 2022) = ($1,222,980) – ($36,000 + $201,006) = $985,974 The projected operating expense for FY 2023 is based on projected expenditures and revenues as well as on estimated fund balance for the current year. Further revisions may be needed as we get a better indication of current year expenses/revenues towards the end of this fiscal year. Additionally, a more accurate projection of costs/revenues for the upcoming fiscal year could become available, particularly for employee salary and benefits. This could result in changes to the proposed net operating expenses for FY 2023 which could in turn impact the costs for each of LAFCO’s funding agencies.

COST APPORTIONMENT TO CITIES, INDEPENDENT SPECIAL DISTRICTS AND COUNTY In January 2013, independent special districts were seated on LAFCO. Government Code §56381(b)(1)(A) provides that when independent special districts are represented on LAFCO, the county, cities and independent special districts must each provide a one-third share of LAFCO’s operational budget. The City of San Jose has permanent membership on LAFCO pursuant to Government Code Section 56327. As required by Government Code §56381.6(b), the City of San Jose’s share of LAFCO costs must be in the same proportion as its member bears to the total membership on the commission, excluding the public member. The remaining cities’ share must be apportioned in proportion to each city’s total revenues, as reported in the most recent edition of the Cities Annual Report published by the Controller, as a percentage of the combined city revenues within a county.

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Government Code Section 56381 provides that the independent special districts’ share shall be apportioned in proportion to each district’s total revenues as a percentage of the combined total district revenues within a county. The Santa Clara County Special Districts Association (SDA), at its August 13, 2012 meeting, adopted an alternative formula for distributing the independent special districts’ share to individual districts. The SDA’s agreement requires each district’s cost to be based on a fixed percentage of the total independent special districts’ share. Therefore, in Santa Clara County, the County pays a third of LAFCO’s operational costs, the independent special districts pay a third, the City of San Jose pays one sixth and the remaining cities pay one sixth. Government Code §56381(c) requires the County Auditor to request payment from the cities, independent special districts and the County no later than July 1 of each year for the amount each agency owes based on the net operating expenses of the Commission and the actual administrative costs incurred by the Auditor in apportioning costs and requesting payment. The following is a draft apportionment to the agencies based on the proposed net operating expenses for FY 2023.

Apportionment of the costs among the 14 cities and among the 17 independent special districts will be calculated by the County Controller’s Office after LAFCO adopts the final budget in June. In order to provide each of the cities and districts with a general indication of their costs in advance, Attachment E includes draft estimated apportionments, based on the proposed FY 2023 net operating expenses and the 2018/2019 Cities Annual Report. The final apportionments will be prepared by the County Controller’s Office based on the latest available Cities Annual Report. $328,658
$328,658
$164,329
$164,329
Proposed FY 2023 LAFCO Cost Apportionments
County Special Districts City of San Jose Other Cities

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ATTACHMENTS Attachment A: Status of FY 2022 Work Plan Attachment B: LAFCO Financials 2008-2021 Attachment C: Proposed Work Plan for Fiscal Year 2023 Attachment D: Proposed LAFCO Budget for Fiscal Year 2023 Attachment E: Estimated FY 2023 Costs to Agencies Based on the Proposed Budget

5.3 Packet Pg. 43 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

5.3 Packet Pg. 44 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
PAGE 1 of 7
PRIORITY* H - High Priority (essential activities: state mandate, Commission directive, requirements) M - Medium Priority (important, provided resources allow or time permits) L - Low Priority (desirable provided resources allow or time permits , not urgent)

PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS LAFCO APPLICATIONS Process applicant initiated LAFCO proposals Encourage pre-application meetings prior to application submittal
Conduct pre-agenda meetings with
County Depts to obtain Assessor &
Surveyor reports, as needed
Process applications per CKH Act
requirements: issue Notice of
Application, Certificate of Filing /
Sufficiency, Public Hearing Notice, staff
report, conduct protest proceedings, as
needed
Staff H Several pre-
application
meetings held
(San Jose /
Cupertino, San
Jose / Milpitas,
NASA Moffett
Field / Mountain
View, etc.)
3 applications in
progress
Comment on potential LAFCO applications,
relevant projects & development proposals,
city General Plan updates and/ or related
environmental documents
Ongoing, as needed Staff H Ongoing
(RHNA, Coyote
Valley)
Review and update LAFCO policies for
context, clarity and consistency with State
law
In progress Staff /
Consultant
H In progress
Dissolution of inactive special districts Work with State Controller’s Office to identify County Library Services Area as
inactive
Staff M Identification
completed.

Processing
dissolution.

Prepare flowcharts for LAFCO processes and
update application packets for current
requirements and ease of public use
Upon completion of policies update Staff L Internal
application
processing
checklists’
updates
completed.

ITEM # 9
Attachment A

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STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
PAGE 2 of 7

PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS ISLAND ANNEXATIONS Conduct outreach to cities with islands, follow up on responses including
review/research of city limits/ USA
boundaries, provide assistance with
annexations or necessary USA amendments
Prepare and distribute island maps to
cities
Staff L Working with
cities upon
request (Los
Gatos, Monte
Sereno)3
Facilitate interagency discussions to support
remaining island annexations
Ongoing discussion with San Jose, Los
Altos Hills
Staff H In progress
Review and finalize city-conducted island
annexations
Ongoing, as needed

Staff H 3 finalized. OUTREACH, GOVERNMENT / COMMUNITY RELATIONS & CUSTOMER SERVICE Conduct outreach to increase awareness of LAFCO’s role

Presentations to cities, other agencies on
LAFCO, as relevant
Distribute LAFCO communications
material to elected officials and staff of
cities, special districts and the County
Seek exhibit opportunities at public
spaces / events
Maintain website as the primary
information resource on LAFCO
Increase social media presence (Twitter)
Staff L

L
H

L
Presentations
provided upon
request (Grand
Jury, Leadership
Sunnyvale, )

Website updated
Engage and establish relationships with local
(cities, districts, county), regional
(ABAG/MTC), state (SGC, OPR, DoC, SWRCB)
agencies, organizations such as SDA, SCCAPO,
CALAFCO, other stakeholder groups

Attend regular meetings of SDA
(quarterly), SCCAPO (monthly), County
Planning Dept.(quarterly)
Small water systems issues / legislation
Collaborate with agencies and entities
with goals common to LAFCO
Staff M

M
Ongoing
Track LAFCO related legislation EO is voting member of the CALAFCO Legislative Committee and attends
regular meetings
Staff M

M
EO served on the
Legislative
Committee until
October 2021.

5.3 Packet Pg. 46 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
PAGE 3 of 7

PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS
Commission takes positions and submit
letters on proposed legislation
Respond to public enquiries re. LAFCO
policies, procedures and application filing
requirements
Timely response to public inquiries
Update the PRA form for the website
Document research on complex inquiries
Report to Commission on complex
inquiries
Staff H
L
L
H
Ongoing.

High volume of
enquiries and
PRA requests. SERVICE REVIEWS, SPECIAL STUDIES & SPHERE OF INFLUENCE UPDATES Countywide Fire Service Review Participate in consultant selection, negotiate contract
Manage consultant’s work and contract
Coordinate TAC meetings
Prepare and distribute
stakeholder/public outreach material
Coordinate stakeholder / public
engagement process
Prepare current maps of service provider
agencies
Attend stakeholder interviews with
consultant
Work with consultant on any data
collection issues
Review and comment on administrative
draft reports
Distribute Public hearing notices and
coordinate community workshops and
public hearings
Staff /
Consultant
H Retained
consultant.

Prepared stake
holder and public
outreach material
and conducted
community
meetings.

Consultant
contract
terminated in
January 2022.

Working on next
steps and
retaining a new
consultant.

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STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
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PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS
Prepare staff reports with
implementation recommendations
Follow up with agencies and report back
to the commission
Continue to monitor implementation of
recommendations from previous service
reviews and conduct special studies, as
necessary
RRRPD study – city took action to delay
decision on consolidation

Staff L Pending city
action
Follow up on new
issues for other
districts, upon
request (LGCSD)
Map Mutual Water companies Initial maps complete, further work through service review
Staff L -
Engage in or support grant / partnership
opportunities on issues related to enhancing
viability of agriculture, and climate smart
growth
As needed, and as opportunities arise Staff L -
Compile and post JPA filings on the LAFCO
website
Notice provided, gather JPA information
through service review process
Staff L Ongoing COMMISSION SUPPORT Provide ongoing support to the 12 commissioners for regularly-scheduled
Commission meetings, special meetings and
Committee meetings (Finance Committee, Ad
Hoc Committee on Organizational
Assessment and the Fire Service Review TAC)
Prepare and distribute public hearing
notices and agenda packets, provide staff
support during the meetings, record
minutes, broadcast meetings
Hold pre-agenda review meeting with
Chair
Hold pre-meeting calls with individual
commissioners to address agenda item
questions
Process commissioner per diems for
attendance at LAFCO meetings
Staff H Ongoing
Keep the Commission informed EO report Staff H Ongoing

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STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
PAGE 5 of 7

PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS
off-agenda emails, as needed
Onboarding new Commissioners Facilitate filing / completion of Form 700, commissioner pledge, ethics training.

Linda LeZotte
Commissioners Selection Process Inform appointing bodies of any upcoming vacancies and provide
information on appointment criteria
Convene ISDSC committee meeting, as
necessary
Coordinate public member selection
process, as necessary

Staff H As needed
Conduct a Strategic Planning Workshop 2018 Workshop re. LAFCO Communications and Outreach Plan
Staff /
Consultant
L On hold
Commissioner participation in CALAFCO Support commissioner participation in CALAFCO activities / or election to the
CALAFCO Board
Staff L On hold ADMINISTRATIVE PROJECTS Prepare LAFCO annual work plan March –June Staff H In progress Prepare LAFCO annual budget March –June Staff H In progress Prepare LAFCO Annual Report August 2021 Staff H Completed Prepare LAFCO Annual Financial Audit October 2021 (Contract with Chavan Associates ends after FY 2021 Audit)
Consultant /
Staff
H Completed.

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STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
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PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS
Contract
extended for FY
2023 and FY
2024
Office / facility management Coordinate with Building Manager on facilities issues
Coordinate with County re.
computers/network, phone, printers,
office security, procurement , installation
& maintenance
Order and manage office supplies
Make travel arrangements and process
expense reimbursements.

Process mileage reimbursements
Negotiate office space lease (current
lease ends May 5, 2022)
Staff H Ongoing

Lease extended
through April
2027
Records management Organize scan of LAFCO records to
Electronic Document Management
System (LaserFische)
Maintain LAFCO’s hard copy records
Maintain and enhance the LAFCO
Website
Maintain LAFCO database
Staff/
Consultant

Staff

H
H
H
On hold

Ongoing
Contracts and payments & receivables Track consultant contracts and approve invoices
Approve vendor invoices / process
annual payments for various services/
memberships
Staff H Ongoing

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STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2022)
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PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCE
S PRIORITY* STATUS
Coordinate with County Controller’s
Office and track annual collection of
payments from member agencies

Review and update LAFCO bylaws /
administrative policies and procedures
Ongoing, as needed Staff H

Ongoing
Staff training and development CALAFCO workshops, conferences, relevant courses
Staff M CALAFCO
Workshop
cancelled
Coordinate with County on administrative
issues
Attend monthly meetings with the
Deputy County Executive
Staff H Ongoing
Staff performance evaluation April - October 2021 Staff/Commi ssion
H Completed in
2021. In progress
Comprehensive Organizational Assessment
Study – implementation

As needed Staff/Commi
ssion
H Pending result of
County study in
progress
Recruitment and training of LAFCO staff One LAFCO Analyst position currently vacant –recruitment pending County
Classification study results
Staff H Pending result of
County study in
progress
Other administrative functions mandated of a
public agency (Form 806, maintaining
liability/workers comp insurance, etc.)
Ongoing Staff H Ongoing

ADMINISTRATIVE PROJECTS 5.3
Packet Pg. 51 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

5.3 Packet Pg. 52 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

FY 2008 - FY 2021 LAFCO FINANCIALS
March 2022
ITEM
NO. TITLE

ACTUALS
FY 2008

ACTUALS
FY 2009

ACTUALS
FY 2010

ACTUALS
FY 2011

ACTUALS
FY 2012

ACTUALS
FY 2013

ACTUALS
FY 2014

ACTUALS
FY 2015

ACTUALS
FY 2016

ACTUALS
FY 2017

ACTUALS
FY 2018

ACTUALS
FY 2019

ACTUALS
FY 2020

ACTUALS
FY 2021

EXPENDITURES
Salary and Benefits $356,009 $400,259 $406,650 $413,966 $393,194 $411,929 $450,751 $466,755 $484,216 $514,381 $628,534 $713,900 $744,439 $730,716 Object 2: Services and Supplies
5255100 Intra-County Professional $66,085 $57,347 $13,572 $4,532 $6,118 $5,260 $5,663 $4,379 $18,523 $1,292 $703 $3,593 $346 $201 5255800 Legal Counsel $0 $9,158 $67,074 $52,440 $48,741 $56,791 $53,550 $52,854 $57,498 $71,131 $59,400 $72,276 $69,975 $65,791 5255500 Consultant Services $19,372 $75,000 $76,101 $58,060 $102,349 $59,563 $35,602 $37,250 $39,625 $0 $45,000 $52,650 $106,709 $41,966 5285700 Meal Claims $0 $368 $277 $288 $379 $91 $228 $209 $367 $50 $901 $257 $166 $0 5220100 Insurance $491 $559 $550 $4,582 $4,384 $4,378 $4,231 $4,338 $4,135 $4,679 $4,893 $5,296 $5,893 $10,452 1151 Office Expenses $1,056 $354 $716 $639 $1,212 $536 $850 $783 $6,266 $48,632 $15,412 $4,702 $2,544 $1,151 5270100 Rent and Lease $41,120 $39,360 $44,478 $46,254
5255650 Data Processing Services $8,361 $3,692 $3,505 $1,633 $3,384 $1,663 $3,311 $9,024 $1,519 $6,869 $877 $11,894 $15,500 $21,223 5225500 Commissioners' Fee $5,700 $5,400 $3,500 $3,400 $4,000 $4,900 $5,800 $4,900 $6,700 $5,300 $5,400 $5,000 $4,600 $6,100 5260100 Publications and Legal Notices $1,151 $563 $1,526 $363 $916 $222 $378 $2,484 $487 $191 $145 $192 $44 $90 5245100 Membership Dues $5,500 $7,000 $7,000 $7,000 $7,000 $14,473 $0 $7,428 $7,577 $8,107 $8,674 $9,615 $11,822 $12,144 5250750 Printing and Reproduction $5 $0 $0 $0 $0 $0 $9 $177 $703 $0 $0 $0 $799 $0 5285800 Business Travel $7,238 $8,415 $4,133 $8,309 $3,095 $4,777 $5,800 $4,042 $5,811 $3,877 $13,091 $4,260 $6,908 $0 5285300 Private Automobile Mileage $1,016 $704 $832 $1,185 $615 $424 $409 $396 $1,009 $1,264 $590 $689 $696 $61 5285200 Transportation&Travel (County Car Usage)$894 $948 $629 $0 $384 $250 $371 $293 $559 $605 $0 $328 $256 $0 5281600 Overhead $42,492 $62,391 $49,077 $46,626 $60,647 $43,133 $42,192 $34,756 $49,452 $0 $28,437 $69,944 $4,505 $30,917 5275200 Computer Hardware $0 $451 $0 $83 $2,934 $1,791 $2,492 $0 $106 $0 $0 $773 $0 $0 5250800 Computer Software $0 $0 $626 $314 $579 $3,124 $933 $1,833 $2,079 $754 $4,505 $3,012 $1,200 $4,708 5250250 Postage $1,160 $416 $219 $568 $309 $589 $246 $597 $411 $209 $183 $117 $73 $184 5252100 Staff Training Programs $0 $665 $491 $250 $300 $0 $0 $1,431 $0 $0 $0 $350 $525 $70 5701000 Reserves $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL EXPENDITURES $516,530 $633,691 $636,478 $604,238 $640,540 $613,895 $612,816 $633,929 $687,043 $667,342 $857,865 $998,208 $1,021,478 $972,028

REVENUES
4103400 Application Fees $46,559 $41,680 $35,576 $48,697 $37,426 $45,458 $63,561 $27,386 $146,168 $20,436 $29,864 $33,049 $7,587 $34,622 4301100 Interest: Deposits and Investments $24,456 $16,230 $6,688 $4,721 $4,248 $3,416 $2,674 $2,844 $6,073 $10,830 $12,620 $12,141 $18,176 $10,488 3400150 Fund Balance from Previous FY $271,033 $368,800 $334,567 $275,605 $209,987 $208,219 $160,052 $226,111 $187,310 $293,489 $331,177 $314,693 $352,123 $312,351 TOTAL REVENUE $342,048 $426,711 $376,831 $329,023 $251,661 $257,092 $226,287 $256,341 $339,551 $324,755 $373,661 $359,883 $377,886 $357,461 NET LAFCO OPERATING EXPENSES $174,482 $206,980 $259,648 $275,215 $388,879 $356,802 $386,529 $377,588 $347,492 $342,587 $484,204 $638,325 $643,592 $983,785 3400800 RESERVES AVAILABLE $100,000 $100,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $250,000 $250,000

COSTS TO AGENCIES
5440200 County $271,641 $270,896 $267,657 $292,601 $298,597 $281,780 $156,002 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 4600100 Cities (San Jose 50% +other cities 50%)$271,641 $270,896 $267,657 $292,601 $298,597 $282,625 $156,002 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 4600100 Special Distrcits $296,892 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 ITEM # 9
Attachment B

5.3 Packet Pg. 53 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

5.3 Packet Pg. 54 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 1 OF 6
PRIORITY* H - High Priority (essential activities: state mandate, Commission directive, requirements) M - Medium Priority (important, provided resources allow or time permits) L - Low Priority (desirable provided resources allow or time permits , not urgent) PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* LAFCO APPLICATIONS Process applicant initiated LAFCO proposals Encourage pre-application meetings prior to application submittal
Conduct pre-agenda meetings with County Depts to
obtain Assessor & Surveyor reports, as needed
Process applications per CKH Act requirements: issue
Notice of Application, Certificate of Filing /
Sufficiency, Public Hearing Notice, staff report,
conduct protest proceedings, as needed
Staff H
Comment on potential LAFCO applications,
relevant projects & development proposals, city
General Plan updates and/ or related
environmental documents
Ongoing, as needed Staff H
Review and update LAFCO policies for context,
clarity and consistency with State law
In progress Staff / Consultant H
Prepare flowcharts for LAFCO processes and
update application packets for current
requirements and ease of public use
Upon completion of policies update Staff L ISLAND ANNEXATIONS Conduct outreach to cities with islands, follow up on responses including review/research of
city limits/ USA boundaries, provide assistance
with annexations or necessary USA
amendments
Prepare and distribute island maps to cities Staff L
Facilitate interagency discussions to support
remaining island annexations
Monte Sereno Staff H
Review and finalize city-conducted island
annexations
Ongoing, as needed Staff H
ITEM # 9
Attachment C

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PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 2 OF 6
PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* OUTREACH, GOVERNMENT / COMMUNITY RELATIONS & CUSTOMER SERVICE Conduct outreach to increase awareness of LAFCO’s role

Presentations to cities, other agencies on LAFCO, as
relevant
Distribute LAFCO communications material to elected
officials and staff of cities, special districts and the County
Seek exhibit opportunities at public spaces / events
Maintain website as the primary information resource
on LAFCO
Increase social media presence (Twitter)
Staff L

L
H

L
Engage and establish relationships with local
(cities, districts, county), regional (ABAG/MTC),
state (SGC, OPR, DoC, SWRCB) agencies,
organizations such as SDA, SCCAPO, CALAFCO,
other stakeholder groups

Attend regular meetings of SDA (quarterly), SCCAPO
(monthly), County Planning Dept.(quarterly)
Small water systems issues / legislation
Collaborate with agencies and entities with goals
common to LAFCO
Staff M

M
Track LAFCO related legislation EO attends CALAFCO Legislative Committee meetings Commission takes positions and submits letters on
proposed legislation
Staff L

M
Respond to public enquiries re. LAFCO policies,
procedures and application filing requirements
Timely response to public inquiries
Update the PRA form for the website
Document research on complex inquiries
Report to Commission on complex inquiries
Staff H
L
L
H

5.3 Packet Pg. 56 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 3 OF 6
PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* SERVICE REVIEWS, SPECIAL STUDIES & SPHERE OF INFLUENCE UPDATES Countywide Fire Service Review Manage new consultant’s work and contract Coordinate TAC meetings
Attend stakeholder interviews with consultant
Work with consultant on any data collection issues
Review and comment on administrative draft reports
Distribute Public hearing notices and coordinate
community workshops and public hearings
Prepare and distribute stakeholder/public outreach
material
Coordinate stakeholder / public engagement process
Prepare staff reports with implementation
recommendations
Follow up with agencies and report back to the
commission
Staff / Consultant H
Continue to monitor implementation of
recommendations from previous service
reviews and conduct special studies, as
necessary
RRRPD study – city took action to delay decision on
consolidation

Staff L
Map Mutual Water companies Initial maps complete, further through service review Staff L Engage in or support grant / partnership
opportunities on issues related to enhancing
viability of agriculture, and climate smart
growth
As needed, and as opportunities arise Staff L
Compile and post JPA filings on the LAFCO
website
Notice provided, gather JPA information through
service review process

Staff L

5.3 Packet Pg. 57 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 4 OF 6
PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* COMMISSION SUPPORT Provide ongoing support to the 12 commissioners for regularly-scheduled
Commission meetings, special meetings and
Committee meetings (Finance Committee, Ad
Hoc Committee on Organizational Assessment
and the Fire Service Review TAC)
Prepare and distribute public hearing notices and
agenda packets, provide staff support during the
meetings, record minutes, broadcast meetings
Hold pre-agenda review meeting with Chair
Hold pre-meeting calls with individual commissioners
to address agenda item questions
Process commissioner per diems for attendance at
LAFCO meetings
Staff H
Keep the Commission informed EO report
off-agenda emails, as needed
Staff H
Onboarding new Commissioners Facilitate filing / completion of Form 700, commissioner pledge, ethics training.

Update LAFCO letterhead, directory, and website
Set up vendor accounts, provide parking permits
Conduct new Commissioner orientation
Recognize outgoing commissioners for service on
LAFCO
Staff H
Commissioners Selection Process Inform appointing bodies of any upcoming vacancies and provide information on appointment criteria
Convene ISDSC committee meeting, as necessary
Coordinate public member selection process, as
necessary
Staff H
Conduct a Strategic Planning Workshop 2018 Workshop re. LAFCO Communications and Outreach Plan
Staff / Consultant L
Commissioner participation in CALAFCO Support commissioner participation in CALAFCO activities / or election to the CALAFCO Board

Staff L

5.3 Packet Pg. 58 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 5 OF 6
PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* ADMINISTRATIVE PROJECTS Prepare LAFCO annual work plan March –June Staff H Prepare LAFCO annual budget March –June Staff H
Prepare LAFCO Annual Report August 2022 Staff H
Prepare LAFCO Annual Financial Audit October 2022 (Contract with Chavan Associates extended for FY 2023 and FY 2024)
Consultant / Staff H
Office / facility management Coordinate with Building Manager on facilities issues Coordinate with County re. computers/network,
phone, printers, office security, procurement,
installation & maintenance
Order and manage office supplies
Make travel arrangements and process expense
reimbursements.

Process mileage reimbursements
Office space lease extended (lease extended through
April 30, 2027)
Staff H
Records management Organize scan of LAFCO records to Electronic Document Management System (LaserFische)
Maintain LAFCO’s hard copy records
Maintain and enhance the LAFCO Website
Maintain LAFCO database
Staff/ Consultant

Staff

H
H
H
Contracts and payments & receivables Track consultant contracts and approve invoices Approve vendor invoices / process annual payments
for various services/ memberships
Coordinate with County Controller’s Office and track
annual collection of payments from member agencies
Staff H
Review and update LAFCO bylaws /
administrative policies and procedures
Ongoing, as needed Staff H

5.3 Packet Pg. 59 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED WORK PLAN FOR FISCAL YEAR 2023
PAGE 6 OF 6
PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* Staff training and development CALAFCO workshops, conferences, relevant courses Staff M Coordinate with County on administrative
issues
Attend monthly meetings with the Deputy County
Executive
Staff H
Staff performance evaluation April - October 2022 Staff/Commission H Comprehensive Organizational Assessment
Study – implementation
As needed Staff/Commission H
Recruitment and training of LAFCO staff One LAFCO Analyst position currently vacant – recruitment pending County Classification study
results
Staff H
Other administrative functions mandated of a
public agency (Form 806, maintaining
liability/workers comp insurance, etc.)
Ongoing Staff H
ADMINISTRATIVE PROJECTS 5.3
Packet Pg. 60 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

PROPOSED LAFCO BUDGET
FISCAL YEAR 2022- 2023
ITEM #TITLE

APPROVED
BUDGET
FY 2022

ACTUALS
Year to Date
2/28/2022

PROJECTIONS
Year End
FY 2022

PROPOSED
BUDGET
FY 2023

EXPENDITURES
Object 1: Salary and Benefits $844,239 $412,232 $691,414 $810,419
Object 2: Services and Supplies
5255100 Intra-County Professional $10,000 $0 $10,000 $10,000 5255800 Legal Counsel $75,896 $48,562 $75,000 $78,326
5255500 Consultant Services $150,000 $25,239 $100,000 $150,000 5285700 Meal Claims $750 $56 $100 $750
5220100 Insurance $8,500 $8,590 $8,590 $9,237
5250100 Office Expenses $5,000 $1,098 $2,000 $5,000
5270100 Rent & Lease $47,784 $35,838 $47,784 $53,182
5255650 Data Processing Services $22,048 $10,665 $22,048 $28,038 5225500 Commissioners' Fee $10,000 $1,300 $7,000 $10,000 5260100 Publications and Legal Notices $1,000 $551 $1,000 $1,000 5245100 Membership Dues $12,500 $12,316 $12,316 $12,887 5250750 Printing and Reproduction $1,500 $0 $500 $1,500 5285800 Business Travel $10,000 $0 $0 $10,000
5285300 Private Automobile Mileage $1,000 $7 $150 $1,000 5285200 Transportation&Travel (County Car Usage)$600 $0 $100 $600 5281600 Overhead $49,173 $24,587 $49,173 $30,041
5275200 Computer Hardware $3,000 $0 $1,000 $3,000
5250800 Computer Software $5,000 $853 $4,000 $5,000
5250250 Postage $1,000 $3 $500 $1,000
5252100 Staff/Commissioner Training Programs $2,000 $0 $1,000 $2,000 5701000 Reserves -$50,000 $0 $0 $0
TOTAL EXPENDITURES $1,210,990 $581,897 $1,033,675 $1,222,980

5.3 Packet Pg. 61 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

5.3 Packet Pg. 62 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

$985,974

JURISDICTION REVENUE PER
2018/2019 REPORT

PERCENTAGE OF

TOTAL REVENUE

ALLOCATION

PERCENTAGES

ALLOCATED
COSTS
County N/A N/A 33.3333333%$328,658.00
Cities Total Share 33.3333333%$328,658.00
San Jose N/A N/A 50.0000000%$164,329.00
Other cities share 50.0000000%$164,329.00
Campbell $64,536,222 1.7980522%$2,954.72
Cupertino $108,060,680 3.0106928%$4,947.44
Gilroy $125,345,516 3.4922679%$5,738.81
Los Altos $57,463,937 1.6010103%$2,630.92
Los Altos Hills $16,800,340 0.4680765%$769.19
Los Gatos $51,214,203 1.4268856%$2,344.79
Milpitas $216,026,300 6.0187372%$9,890.53
Monte Sereno $3,758,600 0.1047188%$172.08
Morgan Hill $110,550,245 3.0800549%$5,061.42
Mountain View $407,506,157 11.3535827%$18,657.23
Palo Alto $701,560,301 19.5462638%$32,120.18
Santa Clara $1,078,173,133 30.0391235%$49,362.98
Saratoga $34,095,585 0.9499416%$1,561.03
Sunnyvale $614,138,449 17.1105921%$28,117.66
Total Cities (excluding San Jose)$3,589,229,668 100.0000000%$164,328.98 Total Cities (including San Jose)$328,657.98
Special Districts Total Share (Fixed %)33.3333333%$328,658.00 Aldercroft Heights County Water District 0.06233%$204.85 Burbank Sanitary District 0.15593%$512.48
Cupertino Sanitary District 2.64110%$8,680.19
El Camino Healthcare District 4.90738%$16,128.50
Guadalupe Coyote Resource Conservation District 0.04860%$159.73 Lake Canyon Community Services District 0.02206%$72.50
Lion's Gate Community Services District 0.22053%$724.79 Loma Prieta Resource Conservation District 0.02020%$66.39 Midpeninsula Regional Open Space District 5.76378%$18,943.12 Purissima Hills Water District 1.35427%$4,450.92
Rancho Rinconada Recreation and Park District 0.15988%$525.46 San Martin County Water District 0.04431%$145.63
Santa Clara Valley Open Space Authority 1.27051%$4,175.63 Santa Clara Valley Water District 81.44126%$267,663.24
Saratoga Cemetery District 0.32078%$1,054.27
Saratoga Fire Protection District 1.52956%$5,027.02
South Santa Clara Valley Memorial District 0.03752%$123.31 Total Special Districts 100.00000%$328,658.03
Total Allocated Costs $985,974.01
LAFCO COST APPORTIONMENT: COUNTY, CITIES, SPECIAL DISTRICTS Estimated Costs to Agencies Based on the Preliminary FY 2023 LAFCO Budget Preliminary Net Operating Expenses for FY 2023
March 1, 2022
ITEM # 9
Attachment E

5.3 Packet Pg. 63 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

5.3 Packet Pg. 64 Communication: LAFCO Budget for FY 2022-2023 (COUNCIL CORRESPONDENCE)

City Council Regular Meeting Minutes
June 6, 2022

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City Council Regular Meeting Minutes
06/6/2022
City of Gilroy
City Council Regular Meeting Minutes
June 6, 2022

1. OPENING

1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.

1. Pledge of Allegiance
Council Member Bracco led the Pledge of Allegiance.

2. Invocation
Pastor Greg Quirke from South Valley Community Church led the Invocation.

3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.

Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Absent
Dion Bracco Council Member Present
Zach Hilton Council Member Absent
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present

1.2. Orders of the Day
Item 10.2 was pulled by Mayor Blankley. Item has been rescheduled for the June 20, 2022 City Council Regular Meeting.

1.3. Employee Introductions
Chief Espinoza introduced Community Service Officer David Carter.

Fire Chief Wyatt introduced Jeff MacPhail, promoted to Captain, and Joshua Guerriera, promoted to Fire Engineer.

Public Works Director Jordan introduced Water Conservation Officer Robert Moreno and Public Works Deputy Director Matt Jones.

Finance Director Sangha introduced Lourdes Andrade -Torres, promoted to Accountant.

2. CEREMONIAL ITEMS

2.1. Proclamations, Awards, and Presentations

2.1.1. Retirement Proclamation of Patrick Sullivan
Mayor Blankley read aloud the Proclamation.

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June 6, 2022

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City Council Regular Meeting Minutes
06/6/2022

3. PRESENTATIONS TO THE COUNCIL

1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY

COUNCIL
The following individuals spoke on items not on the agenda:

Bryce Kingsley (no speaker card provided) voiced concern about the homelessness issue within the City.

Betsy Bardwell (no speaker card provided) voiced concerns about homelessness issue in her neighborhood.

Ron Kirkish thanked the previous two speakers for speaking about the issue of homelessness within the City.

There being no further public comment, Mayor Blankley closed public comment.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.

Council Member Marques reported on Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, and Gilroy Downtown Business Association Board.

Council Member Tovar thanked Economic Development Committee, reported that the Gourmet Alley Ad Hoc Committee will meet tomorrow, and thanked City Administrator Forbis for attending the various events held in the City this past weekend.

Vice Mayor Leroe-Muñoz reported on Silicon Valley Regional Interoperability Authority Board and Silicon Valley Water District Water Commission.

Mayor Blankley reported on the State of the City that was held on June 4 th and notified Assembly Bill 2181 passed the State Assembly and is now move to the State Senate.

5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested a review and update of the Social Host Ordinance. The item received unanimous support.

Council Member Bracco requested staff to research how other cities are enacting new laws to deal with the homelessness issue and report back to Council. The item received unanimous support.

6. CONSENT CALENDAR (ROLL CALL VOTE)
Council Member Tovar requested Item 6.6 to be pulled out of Consent Calendar.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

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June 6, 2022

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City Council Regular Meeting Minutes
06/6/2022
RESULT: APPROVE [UNANIMOUS] (Items 6.1 THROUGH 6.5)
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

6.1. City Council - Regular Meeting - May 16, 2022 6:00 PM A motion was made to approve the minutes.

6.2. A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2022-23
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2022-30

6.3. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2018-02, Home Ranch – Tract 10302 A motion was made to approve the Notice of Acceptance.

6.4. Approval of the First Extension Term of the Agreement for Golf Course Services with Gilroy Golf Course, Inc.

A motion was made to approve the first exte nsion of the agreement.

6.5. Third Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services

6.6. Consent to the Appointment of Sharon Goei as Community Development Director
Item was pulled out Consent Calendar by Council Member Tovar.

6.6 Consent to the Appointment of Sharon Goei as Community Development Director
Council Member Tovar voiced concerns about not hiring within City staff or hiring within the City for this position.

RESULT: CONSENT TO APPOINTMENT [3 TO 2]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Leroe-Muñoz
NOES: Carol Marques, Fred Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

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June 6, 2022

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06/6/2022

7. BIDS AND PROPOSALS

7.1. AWS Data Center Environmental Impact Review (EIR) Award of Consultant Contract
Council member Leroe-Muñoz recused himself from the item due to conflict of interest.

Customer Service Manager Cindy McCormick gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Award a Contract to Circlepoint in the amount of $175,000 for preparation of the AWS Data Center EIR and authorize the City Administrator to execute the contract and associated documents.

RESULT: AWARD CONTRACT TO CIRCLEPOINT [4 TO 0]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Marie Blankley, Dion Bracco, Carol Marques, Fred Tovar ABSENT: Rebeca Armendariz, Zach Hilton
RECUSED: Peter Leroe-Muñoz

7.2. Award a Contract to Ausonio, Inc. in the amount of $499,052 for the Cherry Blossom Apartment Refurbishment Project
Facilities Superintendent Walter Dunckel gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

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June 6, 2022

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City Council Regular Meeting Minutes
06/6/2022
Possible Action:

It is staff's recommendation for the City Council to:

1. Adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2022-2023 budget to appropriate $499,052 for this project:
$250,000 from the fund balance of the Housing Trust Fund, $150,000 from the General Fund, and $99,052 from the fund balanc e of Facilities Internal Service Fund.

2. Award a construction contract in the amount of $499,052 to Ausonio, Inc. for the refurbishment of the Cherry Blossom Apartment building.

3. Authorize the City Administrator to execute the related contract documents and approve any future change orders and items within the approved project budget.

RESULT: APPROVE RESOLUTION, AWARD CONTRUCTION
CONTRACT TO AUSONIO, INC., AND AUTHORIZE CITY

ADMINISTRATOR TO EXECUTE RELATED CONTRACTS
[UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

Enactment No.: Resolution No. 2022-31

8. PUBLIC HEARINGS
There was none.

9. UNFINISHED BUSINESS
There was none.

10. INTRODUCTION OF NEW BUSINESS

10.1. Consideration of Entering into an Agreement with Visit Gilroy for Tourism-Related Economic Development Services and Adopting a Resolution of the City Council of the City of Gilroy Amending the Budget for the City of Gilroy for Fiscal Year 2022-23
Senior Management Analyst gave staff presentation. He along with President Howard from Visit Gilroy responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

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June 6, 2022

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Possible Action:

Council:
a) Approve the agreement and authorize the City Administrator to execute; and
b) Adopt a resolution amending the Fiscal Year 2022-23 Operating Budget.

RESULT: APPROVE AGREEMENT AND RESOLUTION [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

Enactment No.: Resolution No. 2022-32

10.2. Approval of Third Extension of the Exclusivity Agreement with Sharks Sports & Entertainment, LLC to Fully Assess the Potential of Having the Sharks Organization Operate a New Indoor Recreational Facility Item was pulled by Council.

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June 6, 2022

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10.3. Willey House Lease Amendment
Management Analyst Decker gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Approve an amendment to the lease with Advantage Peak, LLC for use of the City-owned property at 140 5th Street, also known as the Willey House.

RESULT: APPROVE [4 TO 0]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Marie Blankley, Dion Bracco, Peter Leroe-Muñoz, Carol Marques
ABSTAIN: Fred Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

10.4. Adopt a Resolution of the City Council of the City of Gilroy Authorizing the City Administrator to Execute Agreements with the California Department of Transportation for the City Of Gilroy’s Clean California Grant Project
Management Analyst Decker gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Council adopt the resolution.

RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

Enactment No.: Resolution No. 2022-33

10.5. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds
Public Work Director Jordan gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

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June 6, 2022

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06/6/2022
Possible Action:

Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for Fiscal Year 2022-23 to be funded by SB-1: The Road Repair and Accountability Act of 2017.

RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
ABSENT: Rebeca Armendariz, Zach Hilton

Enactment No.: Resolution No. 2022-34

11. CITY ADMINISTRATOR'S REPORTS

11.1. Update on the City’s Social Media Strategy
Communications Manager Bedell provided staff presentation and responded to any Council Member questions on this item.

11.2. Summer Aquatics Program
City Administrator Forbis provided staff presentation on this item.

11.3. Potential Design-Build Charter Amendment
City Administrator Forbis provided staff presentation. He, City Clerk Pham, and Public Works Director Jordan responded to Council Member questions.

12. CITY ATTORNEY'S REPORTS
There were none.

13. CLOSED SESSION
Mayor Blankley opened Public Comment.

There being no further speakers, Mayor Blankley closed Public Comment.

Mayor Blankley adjourned Regular Meeting to Closed Session at 7:45 p.m .

The City Council convened in Closed Session at 7:50 p.m.

The Council voted to stay in closed session was unanimous.

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June 6, 2022

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06/6/2022

13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees; Part-Time/Temporary/Seasonal Employees (Hourly & Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA)
No reportable action.

14. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.

15. ADJOURNMENT
The meeting was adjourned at 8:58 P.M. by Mayor Blankley.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

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City Council Special Study Session Minutes
01/11/2021
City of Gilroy
City Council Meeting Minutes
January 11, 2021

STUDY SESSION - 6:00 P.M.

1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley Attendee Name Title Status
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote

2. STUDY SESSION

2.A. Gourmet Alley Presentation by the Gilroy Downtown Business Association
The presentation was given by Gary Walton, John Taft and Jose Montes of the Gilroy Downtown Business Association.

Mayor Blankley Public comment was opened.

Nancy Maciel of the Gilroy Downtown Business Association spoke on the funding needed for the proposal and benefits to the community to drive business in the downtown.

Al Pinheiro spoke on the need to start with the vision and take the idea one piece at a time to create excitement in the downtown and described the downtown specific plan process and streetscape work in the early 2000's.

Rita Imerson spoke on the concept describing the work of bringing in talent.

Dave Peoples spoke in support of the proposal and parking needs.

Michelle Campbell of the Gilroy Downtown Business Association spoke in support of the proposal.

Diane Sturla suggested that vehicle traffic patterns be adjusted to one -way in the downtown.

Jane Howard of Visit Gilroy/California Welcome Center spoke in support of the initiative.

There being no further speakers, Mayor Blankley closed public comment.

3. ADJOURNMENT
The meeting was adjourned 7:34 p.m. by Mayor Blankley.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

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City Council Special Strategic Meeting Minutes
02/20/2021
City of Gilroy
City Council Meeting Minutes
February 20, 2021

1. OPENING
Call to Order and Roll Call

Attendee Name Title Status
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote

2. Mayor's Opening Remarks
Mayor Blankley provided opening remarks.

3. City Administrator Introduction and Review of Meeting Objectives
City Administrator Forbis introduced the meeting and provided an overview.

Mayor Blankley opened public comment.

Jan Bernstein Chargin presented Council a plan to community plan to address homelessness.

Dashiell Leeds requested Council to agendize new Reach Codes by the end of this year to combat climate change.

Vanessa Ashford requested Council to review and accept the community plan to address homelessness.

There being no further speakers, Mayor Blankley closed public comment.

4. Order of the Day
A motion was made from Council Member Tovar, seconded by Council Member Leroe-Muñoz, to work through the planned lunch recess. The motion was carried by the following vote.

Ayes: Council Member Bracco, Leroe-Muñoz, Marques, Tovar, and Mayor Blankley

Noes: Council Member Armendariz and Hilton

2. Strategic Planning Workshop
City Administrator Forbis facilitated the workshop and provided an overview.

Mayor Blankley opened public comment.

Bruce Negel wanted more information about the City’s sustai nability plan and its impact on the youth. He also brought attention to the City’s HVAC plan.

M. Scelioti requested for Council to accept the community plan to address homelessnee.

Jan Bernstein Chargin presented Council a plan to community plan to addre ss homelessness.

Vanessa Ashford addressed the issue of extreme low-income housing to the Council.

Stephanie Brenal commented on the issue of homelessness within the City and that the Council should prioritize the residents and businesses that have contributed to their taxes first.

Sabrina Herrera commented on that serving the on-house neighbor is an important priority and requested a community forum with stakeholders.

There being no further speakers, Mayor Blankley closed public comment.

8.3 Packet Pg. 75 Minutes Acceptance: Minutes of Feb 20, 2021 8:00 AM (CONSENT CALENDAR (ROLL CALL VOTE))

Page 2 of 2 ends

City Council Special Strategic Meeting Minutes
02/20/2021

3. Adjournment
The meeting was adjourned at 3:02 PM by Mayor Blankley.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

8.3 Packet Pg. 76 Minutes Acceptance: Minutes of Feb 20, 2021 8:00 AM (CONSENT CALENDAR (ROLL CALL VOTE))

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City Council Special Study Session Minutes
03/8/2021
City of Gilroy
City Council Special Study Session Minutes
March 8, 2021

1. Call to Order and Roll Call
The meeting was called to order at 6:00 P.M.

Attendee Name Title Status
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Absent
Carol Marques Council Member Remote
Fred Tovar Council Member Remote

2. STUDY SESSION

2.1. (Review of/or Consideration of) Objective Design Standards (for multi- family residential projects)
Senior Planner Cindy McCormick gave staff presentation. Brent Gibbons from Mintier Harnish gave a presentation to Council Members. Both responded to Council Member questions.

Mayor Blankley opened public comment.

Carolyn Tognetti inquired if the standards are for all types of multifamily units.

There being no further speakers, Mayor Blankley closed public comment.

Possible Action:

Receive report and provide direction to staff.

2.2. Introduction to the City's 5-Year Pavement Management Program City Engineer Heap and Engineer Than gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed public comment.

Possible Action:

Receive report and provide feedback.

3. ADJOURNMENT
The meeting was adjourned at 8:16 P.M. by Mayor Blankley.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

8.4 Packet Pg. 77 Minutes Acceptance: Minutes of Mar 8, 2021 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

Page 1 of 1 ends

City Council Special Study Session Minutes
09/14/2021
City of Gilroy
City Council Special Study Session Minutes
September 14, 2021

1. CALL TO ORDER
The meeting was called to order at 6:00 PM by Mayor Marie Blankley

1.1. Posting of the Agenda
Management Assistant Ruiz announced that the agenda had been posted on Friday, September 10th at 1:17 p.m.

Attendee Name Title Status
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Absent
Dion Bracco Council Member Remote
Zach Hilton Council Member Absent
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote

2. STUDY SESSION

2.1. Valley Transit Authority (VTA) Presentation - Transit and the Gilroy Transit Center
Mayor Blankley announced that public comment would be taken twice: before the VTA presentation and after the VTA presentation.

Public comments received prior to the presentation by: Swanee Edwards, Roland, Michael Margarita, John Taft, and Catherine.

City Administrator Forbis introduced Community Development Director Karen Garner, Public Works Director Daryl Jordan, and VTA representative's Jay Tyree and Deborah Degang. Tyree and Degang presented on VTA Transit Service, Caltrain Service and High-Speed Rail Service. Both City staff and VTA representatives responded to Council Member questions.

Comments and concerns were expressed by both the public and council regarding shared parking, removal of lateral parking, enough parking spaces for commuters and highway congestion management. Council asked VTA representatives to take into consideration how will Valley Transit Authority plan manage for future commuter congestion.

Public comments received after the presentation by: Stefanie Elle, Connie Rogers, Catherine, Michael Margarita, Eugene Bradley, Christina Watson, Swanee Edwards, Cheryl Parks, Roland, Carolyn Tognetti, Bob Weaver, John Taft, Andrew Ridley, and Lisa Mastroianni-Bender.

Degang thanked the Council for their time and to be able to bring this topic up for discussion. She closed by stating the next steps for VTA is to assess the Valley Transportation Plan (VTP) and address the transit's vision for the entire county and what this means post pandemic. VTP will also be focusing on how we should look at the growing future congestion and where VTA wants to focus on multi - module.

Possible Action:

Receive report from VTA concerning the current status and future plans for transit service and the long-term use of the Gilroy Transit Center.

3. ADJOURNMENT
Mayor Blankley adjourned the meeting at 8:07 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

8.5 Packet Pg. 78 Minutes Acceptance: Minutes of Sep 14, 2021 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City of Gilroy

STAFF REPORT
Agenda Item Title: Adopt a Resolution of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2022-2023 for the Gilroy Community Library Project Bonds
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
Strategic Plan Goals

 Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt a Resolution of the City Council of the City of Gilroy setting the tax rate for F iscal Year 2022-2023 with respect to general obligation bonds for the Gilroy Community Library Project.

BACKGROUND
On November 4, 2008, the voters of the City of Gilroy approved ballot Measure F for construction of public library improvements adjacent to City Hall. Measure F provided for the authorization to issue general obligation bonds for up to $37 million. It was anticipated that the authorization would be split between two series of bonds. The first series was issued in May 2009 and the second series was issued in August 2010.

8.6 Packet Pg. 79

There is $3 million remaining in unissued authorization available to the City for future use. The City has spent the majority of both the Series A and Series B bond proceeds on the construction of the new library and other library facility improvements. There is approximately $5 million remaining of the bond proceeds.

During fiscal year 2019-2020, the bonds were refinanced to take advantage of the low interest rate environment. The refinancing saved property owners interest costs since the refinancing included a lower interest rate on the principal, thus lowering the required levy rate.

ANALYSIS
Staff recommends the FY23 tax rate of $0.017 per $100 of assessed valuation, which represents a tax of approximately $17 per $100,000 of assessed valuation (after applicable homeowner exemptions). As the assessed valuations of properties increase over time, the ad valorem tax rate for the library bond will decrease. The prior year’s rate was also $0.017 per $100.

FISCAL IMPACT/FUNDING SOURCE
Adoption of the tax rate for FY23 will keep the levy amount for taxpayers unchanged from the prior year and will not hinder the annual repayment of the bonds.

Attachments:

1. Draft Resolution

8.6 Packet Pg. 80

RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY SETTING THE TAX RATE FOR FISCAL YEAR
2022-2023 WITH RESPECT TO GENERAL OBLIGATION

BONDS FOR THE GILROY COMMUNITY LIBRARY

PROJECT

WHEREAS, more than two-thirds of the electors voting at a special municipal election held on November 4, 2008, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $37,000,000 (the “Bonds”) for the purpose of providing funds for the acquisition, construction, and improvement of public library facilities; and

WHEREAS, the City has previously issued the initial series of the Bonds in the aggregate principal amount of $10,500,000 on May 5, 2009, and the second series of the Bonds in the aggregate principal amount of $23,500,000 on August 3, 2010; and

WHEREAS, the City approved the refinancing of the two series of bonds on May 20, 2019 (providing for a reduction in bond debt service starting in tax collection year 2019/20) with the issuance of the 2019 Refunding General Obligation Bonds; and

WHEREAS, pursuant to Section 43632 of the California Government Code, the City Council is required annually to levy and collect a tax sufficient to pay the principal of and interest on the Bonds coming due and payable before the proceeds of a tax levied at the next general tax levy will be available; and

WHEREAS, the City has determined that in order to provide sufficient funds to pay the principal of and interest on the Bonds coming due and payable on February 1, 2023, and August 1, 2023, it is necessary to levy a tax upon all taxable property in the City at the rate of 0.0170% of assessed valuation, based on the estimated assessed values for all rolls (secured, unsecured and utility) for fiscal year 2022-2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows:

Section 1. Levy of Tax. The City Council hereby determines that the tax rate necessary to pay the principal of and interest on the Bonds coming due and payable on February 1, 2023, and August 1, 2023, is 0.0170% of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law.

Section 2. Collection of Tax. The Finance Director is hereby directed to forward a copy of this Resolution to the Auditor-Controller of Santa Clara County, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2022-2023 property tax bill and collected by the County.

8.6.a
Packet Pg. 81 Attachment: Draft Resolution (3810 : Library Bond Tax Rate)

Resolution No. 2022-XX
Setting Tax Rate for FY 22-23
City Council Regular Meeting | June 20, 2022

Page 2 of 2 ends

Section 3. Application of Tax. As provided in Section 43634 of the California Government Code, all taxes levied pursuant to this Resolution shall be used only for payment of the Bonds and the interest thereon.

Section 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Gilroy on this 20th day of June 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

8.6.a
Packet Pg. 82 Attachment: Draft Resolution (3810 : Library Bond Tax Rate)

City of Gilroy

STAFF REPORT
Agenda Item Title: Amendment to the Agreement with Cal-West Lighting and Signal Maintenance, Inc. for Traffic Signal and Streetlight Maintenance
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Ogarita Carranza, Management Analyst
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

 Maintain and Improve
City Infrastructure

RECOMMENDATION

Approve an amendment to the agreement with Cal-West Lighting and Signal Maintenance, Inc. to extend the contract term to June 30, 2024, and authorize the City Administrator to execute the amendment and related documents.

EXECUTIVE SUMMARY
Due to the continuous need for regular maintenance and emergency responses for traffic signal and streetlight maintenance, the City needs support from Cal-West Lighting and Signal Maintenance, Inc.

Under the existing contract, Cal-West is the City’s traffic signal and streetlight

8.7 Packet Pg. 83

maintenance and repair contractor. They provide services such as: routine inspection and preventive maintenance to the City’s streetlight and traffic signal systems, conduct emergency repairs, and provide underground service alert (USA) marking. An extension to the Cal-West agreement would allow them to continue to provide these essential services to the City.

BACKGROUND
Currently, the City owns 34 traffic signal systems and maintains an additional 11 traffic signal systems that are Caltrans owned. Additionally, the City also owns and maintains 4,847 streetlights. Both the traffic signal and streetlight systems require regular maintenance that includes, but not limited to; monthly routine, 3 -month routine, 6-month routine, and annual routine maintenance.

The City is also required to respond to emergency calls regarding public safety. These responses can range from a simple knockdown, to traffic collisions, to power outages.

These repairs vary in type and frequency from month to month.

Lastly, this agreement also allows the City to utilize Cal -West for the Underground Service Alert (USA) program. This program requires the City to mark all City underground utilities such as traffic loops, electrical conduits, and signal networking systems prior to any third-party excavations. Due to the increase in construction activities within the City, this service is not just essential but also mandatory.

ANALYSIS
Traffic signal and streetlight maintenance is a specialized electrical and electronics service that few general contractors are qualified to provide. Cal-West was selected through a competitive review and interview process and has been providing this service.

The original contract, in the amount of $306,210 annually, is effective until June 30, 2022; however, per the existing contract, the City may elect to extend the contract for two additional one-year terms, through June 30, 2024.

Per Exhibit A, Cal-West has proposed to extend their contract without adjusting the current pricing or submitting for a consumer price index increase for the next two fiscal years, FY23 and FY24. For this reason, Staff recommends the Council to approve a contract extension with Cal-West Lighting to the end of FY24 (June 30, 2024)

ALTERNATIVES
Council could choose not to approve the amendment to the contract with Cal -West Lighting and Signal Maintenance, Inc. This would ter minate any existing maintenance contract with the contractor and may result in delay in services in relation to preventative maintenance and emergency responses. Staff does not recommend this alternative.

FISCAL IMPACT/FUNDING SOURCE

8.7 Packet Pg. 84

This contract amendment would extend the contract through June 30, 2024. Sufficient funds have been budgeted in the approved FY23 budget under the Gas Tax Fund 209 (2105) and 213 (2103) for City’s traffic signal and streetlight maintenance and repair services, as such, the extension of the contract with Cal-West is adequately funded in FY23, and will be included in the proposed FY24 budget.

NEXT STEPS
With Council approval staff will finalize the amendment to the agreement and complete the approval process.

Attachments:

1. Exhibit A - Cal-West Amendment

2. Cal-West Agreement

3. Gilroy CPI 2022-2023

8.7 Packet Pg. 85

-1- 4845-8215-5540v1
MDOLINGER\04706083

FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH CAL-WEST LIGHTING AND SIGNAL MAINTENNANCE, INC. FOR TRAFFIC SIGNAL AND STREET LIGHT

MAINTENANCE SERVICES
This First Amendment to the Agreement for Services (“First Amendment”) is made and entered into as of July 1, 2022 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and Cal-West Lighting and Signal Maintenance, Inc. (“CONTRACTOR”).

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Cal-West Lighting and Signal Maintenance, Inc. entered into that certain agreement entitled Agreement with Cal-West Lighting and Signal Maintenance, Inc. for Traffic Signal and Streetlight Maintenance effective on July 1, 2019 hereinafter referred to as “Original Agreement”; and WHEREAS, City and Cal-West Lighting and Signal Maintenance, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Agreement will become effective on July 1, 2022 and will continue in effect through June 30, 2024 unless terminated in accordance with the provisions of Article 7 of the Original Agreement.

3. This Amendment shall be effective on July 1, 2022.

4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY ALPINE LANDSCAPES
By: By:
[signature] [signature]
Jimmy Forbis Craig H. Geis, Jr.
[employee name] [name]
City Administrator President
[title/department] [title]
Date: Date:

8.7.a
Packet Pg. 86 Attachment: Exhibit A - Cal-West Amendment (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

-2- 4845-8215-5540v1
MDOLINGER\04706083
Approved as to Form ATTEST:

City Attorney City Clerk

8.7.a
Packet Pg. 87 Attachment: Exhibit A - Cal-West Amendment (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

AGREEMENT FOR SERVICES
19-RFP-PW-426 Traffic Signal and Streetlight Maintenance and Repair Services This AGREEMENT made this Y' day of July. 211 between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Cal -West Liahtina & Shmal Maintenance. Inc.. having a principal place of business at 51a N"rdi Marbure WV San Jose. CA 95133.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 7/1/2019 and will continue in effect through 6/302022 unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein.

Initial
ARTICLE 2. MDR PENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.

CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services"), within the done periods described in Exhibit "C" ("Milestone Schedule").

B. Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, mid shall not, control the mariner or determine the method of accomplishing CONTRACTOR'S services.
d6 W711261v1 -1- rAe'A1706083

8.7.b
Packet Pg. 88 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services.

ARTICLE 4.

A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule'). In no event however shall the total compensation paid to CONTRACTOR exceed $918.630.00 3306210 annually).

B. Invoices
CONTRACTOR shal I submit invoices for all services rendered C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be aesszzstasetn _Z_ ucm 70MI

8.7.b
Packet Pg. 89 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY,
B. Workers' Compensation
CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees.

C. Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. 46S 4161,1 .j_ 1ACIa410601B

8.7.b
Packet Pg. 90 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:

CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments;
CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf;
CITY will not withhold state or federal income tax from payment to CONTRACTOR;
CITY will not make disability insurance contributions on behalf of CONTRACTOR;
CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR.

ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of We.
iA95226rdirlN , uomrosms

8.7.b
Packet Pg. 91 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR.

B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

CONTRACTOR'S failure to professionally and/or timely perform any of the services contemplated by this Agreement.

2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement.

CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuantto this Agreement.

C. Termination for Failure to Make Agreed -Upon Payments Should CITY tail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY.

D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harn to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services.

8.7.b
Packet Pg. 92 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

B. Americans with Disabilities Act of 1"0
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 C'the Act") in its current form and w it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.

C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
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Packet Pg. 93 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

F. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terns or obligations contained in any documents comprising this Agreement Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time of the Essence
At I dates and times referred to in this Agreement are of the essence. 83S M406M

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Packet Pg. 94 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

L. Waiver
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written.

CONTRACTOR:

Cal -West Lighting & Signal Maintenance,
Inc.

By. L 4- kj,—
Name: Cmie H. Geis. Jq
Title: President
Social Security or Taxpayer
Identification Number 20-1716563
Approved
City Attorney
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CITY OF GILROY
By:

Name: Gabriel A. Gonzalez \
Title: City Admistmtor

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Packet Pg. 95 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

EXHIBIT "A"

SPECIFIC PROVISIONS

PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of Services ("Services'D. (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Craig H. Geis Jr., who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written Notice to Proceed", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Soknirom Than shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ("Notices") of this Exhibit 11A".

B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period.

Ill. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as act forth in the attached Exhibit "C".

IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4a1 W_Cn6io
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Packet Pg. 96 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.

Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized m being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifleations, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- rganized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement.

C. RIOHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at my and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CTTY's request. 4B7a4287"M
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Packet Pg. 97 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use C I'Y'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF C1TY'S CREDIT.

Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A".

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT:

G. NO THIRD PARTY BENEFICIARY,
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third parry or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
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Packet Pg. 98 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

H. NOTICES.

Notices ere to be sent as follows:

CITY: Nirom Than
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: "a H. Geis Jr.

Cal -West Lighting & Signal Maintenance. Inc.
530 North Marburg Way.

San Jose. CA 95133
FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona tide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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Packet Pg. 99 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

PREVAILING WAGE
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement arc subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws'). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTRACTOR shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain "public works" or "maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at thejob site. Prevailing wage information may be obtained at wwwAir.ca.gov.
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Packet Pg. 100 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

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SCOPE OF SERVICES
Traffic Signal Maintenance
Traffic Signal Routine Maintenance
Traffic Signal Unscheduled Maintenance
Traffic Signal Plan Review
Traffic Signal Construction Inspection
Underground Service Alerts (USA) for traffic signals%
Traffic Signal Design Modification
Signal Timing Update
Street Ught Maintenance
Street Light Routine Maintenance and Outages Reporting
Street Light Unscheduled Maintenance
Street Light Construction Inspection
Underground Service Alerts (USA) for streetlights
Testing of streetlight poles for structural integrity
Task I — Unscheduled Maintenance Items

1.1 Definition
Unscheduled Maintenance: which comprises of on -call, non -routine, as directed, and emergency response work, is performed by the traffic signal system and streetlight maintenance contractor (Contractor) selected as a result of this RFP. These works Include but are not limited to:

1. Installation of traffic signs onto traffic signal equipment

2. Communication troubleshootingtrepair/installation

3. Underground Service Alerts (USA) for traffic signals

4. Inputting signal timing changes

8. Plan review of traffic signal design prepared by others

8. Review of shop drawings for traffic signal equipment

7. Traffic signal construction inspection

8. Other traffic signal system -related work

9. Testing of streetlight poles for structural integrity

10. Underground Service Alerts (USA) for streetlights

11. Numbering of streetlight poles

12. Review of shop drawings of street light equipment

13. Street light construction inspection

14. Other streetlight -related work
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Packet Pg. 101 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

1.2 Introduction
The selected Contractor shall be responsible for providing maintenance, repair, and services as directed by the City Engineer or his authorized agent. Work items shall include but not be limited to all items listed in "Attachment C-1' and detailed in Attachment °C-2.° Any item not included in Attachment C-1" shall be negotiated between the selected Contractor and the City on a time and material basis.

The Contractor shall use and provide an Online Maintenance System with free access to designated City staff. The entire online system should be a real-time system. System functionality should include but not be limited to the following:

Work order tracking,
Work order status updates,
Asset and equipment management,
Maintenance requests,
Maintenance checklists that are maintained and updated regularly.

The City intends to utilize Cilyworks as a public asset management program in the future. The contractor's Online Maintenance System shall have the capability to integrate or export its data to the City's asset management program. The cost to export or integrate the two systems shall be negotiated between the selected Contractor and the City on a time and material basis.

The work to be done shall consist of providing contract maintenance, repair, and services.

Maintenance shall include repair of damages resulting from traffic collisions, which have caused dislocation of poles or equipment; Acts of God (i.e., excessive winds, rain, floods, earthquakes, etc.); vandalism; street excavation; or failure of or resurfacing of the street. Repairs shall include, but are not limited to, the following:

1. Detector loop replacement and patching

2. Realignment and replacement of signal indications

3. Video detection replacement, realignment, and detection zone programming

4. Emergency vehicle preemption replacement, realignment, and detection zone programming

8. Aerial and underground splicing of the City's hardwire signal interconnect cable

8. Pedestrian indication and signal indisalion lamp replacement (LED)

7. Pedesrian head maintenance

8. Battery Back-up System (BBS) repairs, replacements, or installations of a new units.

9. Intersection rewiring and cable pulling

10. Any and all parts of controller mechanism

11. Concrete and foundation repairs

12. Traffic signal pole or equipment replacement

13. Other traffic signal system -related work

14. Streetlight pole or equipment replacement

15. Replacement of lamps and/or photoelectric cells

16. Traffic signal detector maintenance and/or replacement 1 T Other streetlight -related work

18. Repair and replacement of Internally Illuminated Street Name Signs (IISNS) and LED street name signs

19. Streetlight pole painting

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Packet Pg. 102 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

The selected Contractor shall furnish all tools, equipment, workshop facilities, transportation, labor, parts, and materials and perform all work necessary to maintain In good quality operation all traffic signal and streetlight facilities within the City of Gilroy. The selected Contractor shall have all necessary tools, equipment, workshop facilities, transportation, labor, parts, and materials to test and maintain Light Emitting Diodes (LEDs). All work performed or equipment and parts supplied by the Contractor shall be subject to inspection and approval of the City Engineer or his authorized agent Failure to pass inspection on any maintenance, repair, or service item shall result in non-payment for that item until such time that the Contractor can present the item to the City in an acceptable form.

1.3 Work Authorization Forms
A "Work Authorization Form" shall be provided prior to work commencing any non -routine work items. The Contractor shall provide their cost estimates on the "Work Authorization Farm" and shall prepare a work authorization form for any verbally authorized work or emergency response work. This form shall be signed and accepted by the City prior to commencement of work.

During an emergency situation, the Contractor shall complete the work authorization form and submit to the City within 24-hr of work completion. This form shall provide the Contractor with the location, work to be performed, required completion date, authorization to proceed, and a City or Contractor itemized estimate based on costs provided by the Contractor in their proposals. All costs shall be detailed, unbundled, and listed separately. Actual time spent on the job and work completed or in progress will be Inspected by City staff on a random basis. "Work Authorization Forms" shall be prepared for all items of work for comparison to the final billing to assure that proper costs and estimating procedures have been followed. Any additional work not on the completed "Work Authorization Form" shall not be allowed until first approved by the City Engineer or his authorized agent For sample form, see "Attachment H." IA Verbal Notification
The Contractor shall respond on verbal notification from the City Engineer or his authorized agent to all work items. Verbal notification will typically be given for "Standard" and/or Emergency" response work items. If verbal nottfication is given and no response time is provided, the Contractor shall respond on an emergency basis.

When the Contractor receives verbal notification to complete a "Scheduled Response" work item, the Contractor shall prepare a field generated "Work Authorization Form' and submit it to the City for final approval within two (2) working days after receiving notification. The Contractor shall note the date, time, type of response, and City employee providing the verbal authorization on the "Work Authorization Form."
See Task 3— Response for response definitions.

1.5 Contractor Notification
The Contractor shall notify the City Engineer or his authorized agent of any and all repairs and/or replacements to the signal system at least forty eight (48) hours prior to the start of work to allow for proper inspection of work. Emergency response work provided by the City does not require this notification process.

The City Engineer or his authorized agent shall have the final decision on what is authorized.

The Contractor shall not be paid until work is complete and the City is notified of the completion for final inspection and approval. Compliance with the authorization procedure shall not relieve the Contractor from making necessary repairs within a timely manner.

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Packet Pg. 103 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Task 2 — Routine Preventative Maintenance

2.1 Definition
Routine Preventive Maintenance shall be performed by the Contractor responsible for preventative maintenance and the associated operation of streetlight equipment, equipment associated with RRFB crosswalks, flashing beacon apparatus, and traffic signal controllers and cabinet equipment.

A full traffic signal intersection inventory shall be conducted and provided to the City in both electronic and hardcopy form during the beginning of the contract. The inventory shall include but not be limited to location, major & minor street, Cabinet type, BBS, EVP, RR Preemption, Controller Type, Control Communication Type, CCTV, Video Detection, WAP, Traffic Loops, pole data and etc. This work shall be done in conjunction with the first routine preventive maintenance and at no additional cost to the City.

2.2 Traffic Sionals. RRFB Crosswalks_ Solar Sneed Sions, and Flashino Beacons The Contractor agrees to the following preventative maintenance schedule for traffic signals, RRFB crosswalks, and flashing beacons to be paid at the rate Identified in C-1 Items:

Monthly Routine Maintenance
Visually Inspect controller for proper operation
Visually inspect all vehicular and pedestrian signals for proper operation Visually Inspect all LED signal units for proper operation, and replace outages found Check the time setting and match with time sheet in controller cabinet Visually inspect Battery Backup System (BBS)
Visually inspect all detections (Video, loop, and etc.) Night checks of safety lights and internally illuminated street name signs (IISNS), when applicable, twice each calendar month to determine outages andlor minor tree trimming needs, it necessary (See 2.4 Night Checks for guidelines and requirements Turn off utility power and make sure BBS switches effectively to BBS power Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to the City by intersection/location (See Task 4— Reports for additional requirements) Activate solar speed feedback sign for proper operations Record solar speed feedback sign results on monthly inspection with recommendations to the City by location (See Task 4 — Reports for additional requirements)
Actuate and check RRFB flashing crosswalk, including associated sign, for proper operation
Record RRFB crosswalk results on monthly inspection with recommendations to the City by location (See Task 4 — Reports for additional requirements) Night checks of all streetlight within the City limit per the 'Street Light Night Check Zones". The contractor shall check one(1) zone per month. There are 8 zones total.

Record results on streetlight monthly inspection with recommendations to the City by location address, and pole number.

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Packet Pg. 104 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

3-Month Routine (in addition to monthNl
Check emergency vehicle detection, video detection, and signal interconnect, where applicable, for proper operation
Check detector amplifier; and tune, if needed
Actuate and check each pedestrian push button for proper operation Visually inspect roadway along loop detectors for possible exposed wires, cracks, and potholes
Rotate batteries in BBS for Improved battery charging life Manually record Inspection date and time in controller cabinet and send written confirmation of 3-month Inspection with recommendations to the City by intersectloMocation (See Task 4 — Reports for additional requirements) Month Routine (in addition to monthly and 3-month)
Check controller cabinet filter
Check ground rod clamp and wire
Check wire schematics and records to make sure they are in the cabinet Check operation of the fan
Check operation of ground fault receptacle
Measure voltage at service inputs in cabinet and record Visually check for bent visors and back plates
Visually check integrity of splices
Check BBS battery voftagelamp output and make recommendation for battery replacement when necessary
Test BBS charging system
Manually record inspection date and time in controller cabinet and send written confirmation of 6-month inspection with recommendations to the City by intersectionflocation (See Task 4 — Reports for additional requirements) Clean and vacuum controller cabinet
Annual Routine !in addition to monthly. 3-month. and 6-month] Replace all incandescent lamps in all signals with LED lamps Clean and polish all lenses and reflectors
Vacuum and clean controller cabinet and contents
Replace cabinet fitter
Check weatherproof gasket seal on controller cabinets
Check for water accumulation and duct sealant
Lubricate hinges and lock on controller cabinets
Check alignment of all signal heads
Check indicator lamps
Check all connectors
Check detector extensions
Check load switches
Check relays
Check conflict monitor and provide City with computerized report in Microsoft Excel identifying each intersection's results.

Clean BBS
Check all BBS connections and clean terminals
Manually record inspection date and time in controller cabinet and send written confirmation of annual inspection with recommendations to the City by intersection/location (See Task 4 — Reports for additional requirements) Verify signal timing in controller and field signal timing sheets are consistent. Send a copy of signal timing sheets to the City with the date of inspection.

Submit electronic and hardcopy of traffic signal intersection hardware inventory with connection diagrams. The Inventory shall include but not be limited to location, major minor street, cabinet type, BBS, EVP, RR Preemption, controller type, control communication type, CCTV, video detection, WAP, traffic loops, pole data, conduit sizes and etc. (see Attachment 0 for example)

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Packet Pg. 105 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

2.3 Streetlights
The Contractor agrees to the following maintenance for streetlights to be paid at the rate identified in C-1," Item Streetlight Maintenance:

Replace lamps that have become inoperative by virtue of burnout. Replacement lamps shall be substantially equivalent to those replaced.

Replacement of Light Emitting Diode (LED) streetlight that have been inoperative by virtue of failure. Replacement LED streetlights shall be per the City Standard. If the cause of failure is covered under manufacture warranty, the Contractor shall coordinate with the LED manufacture and provide removal and installation.

Replace photoelectric cells that have become inoperative from normal deterioration.

Minor trimming of trees below the light fixture for the purpose of allowing a reasonable amount of light to be let through. Trimming is limited to within three (3) feet of the bottom of the fixture.

Night check of each streetlight and safety light within the City's jurisdiction each month to determine electrolier outages, pole condition, and/or minor tree trimming needs. See 2.4 Night Checks for guidelines and requirements.

Maintain and submit a monthly log listing each call received, the name of the caller (if given), the date of the call, the outage or other problem reported by the caller, and the location of the outage or other problem reported by the caller. See Task 4 — Reports for additional requirements.

Replace photo -reflective pole numbers that are no longer visible and in conformance to City Standards.

Inspect street light pole integrity and replace the pole on an as needed basis.

The replacement services to be performed by the Contractor encompass outages from normal deterioration. Each inoperative lamp and/or photoelectric cell shall be replaced within five (5) working days or less from the date the Contractor receives notice from the City. See Task 3 — Response for additional requirements.

2.4 Night Checks
The Contractor agrees to conduct night checks monthly during non -daylight hours as follows:

Contractor shall submit with this proposal a Zone Map dividing the city (within the City Limit) into six (6) zones. The City has attached an example of the zoning map for the contractor used. The contractor may use this zone map.

Contractor shall submit with this proposal a schedule for conducting night (non - daylight hour) checks In the 6 zones.

Contractor shall submit an action plan of keeping track of the City's complete streetlight inventory.

Contractor shall check each streetlight, safety light, and IISNS (if applicable) in the assigned zone for the corresponding monthly check during non -daylight hours for outages, pole condition, and/or minor tree timing needs monthly.

Contractor shall maintain and submit a monthly log for all night checks including but not limited to date of visit and location of outage or other problem. See Task 4 — Reports for additional requirements.

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Packet Pg. 106 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Task 3 — Response

3.1 Emeroencv Response (one hour maximum response time) This Rem is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in one (1) hour or less from the time of notification. Examples of a situation that would require an emergency response include but not limited to signal and/or streetlight knockdowns, block of streetlights out -of -service, signal damage, red lamp outages (LED), turned or misaligned signal head, or other repairs designated emergency response by the City. The Contractor shall maintain a twenty-four (24) hour per day emergency service for the replacement of burned out lamps or repair of any traffic signal or associated traffic signal equipment. The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day. This telephone number shall be made available to the Engineering Division and the Gilroy Police Department. The Contractor shall make IMMEDIATE maintenance calls when notified by the City and informed that the call is an emergency. In no Instance shall the response time to an emergency call exceed one (1) hour from the time of notification.

3.2 Standard Response (24 hours maximum response time)
This item is considered important but not an immediate safety concern. Maintenance and repair requests made on a regular basis shall be responded to within 24 hours of notification. In no event will regular response work be considered overtime without prior approval of the City Engineer or his authorized agent. Examples of work that would require a regular response are, but not limited to, signal equipment repair/replacemerd, pedestrian head outages (modification kits), vehicle detection problems, field wiring, routine lamp outages, and streetlight lamp outages.

3.2.1 Standard Hiah Pdodtv Response (same day response time) This Rem is considered high priority but not an immediate safety concern. Maintenance and repair requests made on a high priority basis shall be responded to the same day as the notification. High priority items will be determined by the City Engineer or his/her representative.

3.3 As-Required/Scheduled Response (five workinc day maximum response time) Maintenance and repair requests made by the City that are not critical or the work involved is of such nature as to require advance scheduling shall be completed on an "As -Required" basis.

Work authorizations of this type shall include a completion date to be shown on the work schedule. Examples of "As-Required/Scheduled" maintenance would include but not limited to loop repair/replacement, major equipment repaldreplacement, and permanent replacement of knockdowns, major rewiring, and intersection modifications.

The formats presented above are only guidelines and do not relieve the Contractor of the responsibility to perform. At all times, the contractor shall be required to respond to any work request in any of the above manners as the City determines necessary. If the City should fail to provide the Contractor with the required response time, the Contractor shall proceed under the guidelines of "As-Required/Scheduled" response unless the work item requires a more immediate response, as covered in the Request for Qualifications. The City may at any time amend the response requirement for speck work items by notifying the Contractor either verbally or in writing. Time extension may be granted due to material delay when the Contractor has demonstrated that the delay was beyond the Contractor's control.

8.7.b
Packet Pg. 107 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Task 4 — Reports

4.1 Monthly Maintenance Reoons
The Contractor shall submit to the Engineering Division within ten (10) working days from the last day of each month a detailed monthly computer summary printout of all traffic signal system and streetlight repair and emergency calls made. The summary shall provide the following information:

TRAFFIC SIGNALS, RRFB CROSSWALKS, SOLAR SPEED FEED -BACK SIGNS,

AND FLASHING BEACONS

1. Date, time, City employee, and employee telephone number initiating the call

2. Location by intersection/location and number (see Attachment'C"), as provided by the City, and Identification by a specific comer and/or direction of travel

3. Nature of the malfunction, if any found, and a description of the action taken by the Contractor

4. Date, time, and name of Contractor's personnel conducting night check (when applicable)

5. Date and time the Contractor's personnel and equipment arrived on the scene

6. Date and time the job was completed

STREETLIGHTS

1. Data, time, City employee or caller name (if given), and telephone number initiating the call

2. Location by streetlight number, as provided by the City, and identification by street name and/or address and nearest cross street

3. Nature of the malfunction, If any found, and a description of the action taken by the Contractor

4. Date, time, and name of Contractor's personnel conducting night check (when applicable)

5. Dale and time the Contractor's personnel and equipment arrived on the scene

6. Date and time the job was completed
wm i GSfi1monism rier.1PE The
Contractor must email every morning (Monday- Friday by 8:30 am) and notify the City Engineer or his authorized agent of any and all work scheduled to take place during that day. If scheduled work is completed and the Engineering Division has not been notified in advance, payment will not be made until the work can be inspected by City staff. 4. 3 Detailed Cost Summary The
Contractor shall provide a detailed cost summary with the monthly invoices detailing work completed for each work authorization. See Compensation for additional details. Task 5 — Traffic Signal Plan Review The
Contractor may be required to performed traffic signal plan review for the City. The Contractor shall have the ability to professionally review traffic signal plans from the City and have a turnaround time no greater than five (5) working days.

8.7.b
Packet Pg. 108 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Task 6 — Traffic Signal Construction Inspection
The contractor may be required to perform traffic signal construction inspections. The contractor shall have a competent inspector on site as directed by the City. The inspector shall provide daily reports to the City representative.

Task 7 — Traffic Signal Design Modification
The contractor may be required to perform on site traffic signal modifications. Modifications may include installation of left turn arrows, on -site signal timing changes, loop length increases, advance detection zone changes and etc.

8.7.b
Packet Pg. 109 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

MUIREMENTS

1. The Contractor shall be required to maintain a primary facility location within seventy (70) miles of the City limits of Gilroy. This requirement is mandated to assure the response by the Contractor Is accomplished in a timely manner and in the case of emergencies, within one (1) hour. The facility must be equipped with mobile equipment such as ladder trucks, boom trucks, and related equipment and must also be equipped with facilities to effectuate traffic signal equipment repairs.
2, The Contractor must provide an experienced, competent Superintendent and field technician who will be responsible for effectively supervising all work in progress. In addition to supervision or work in progress, the Superintendent must be capable of Instructing his subordinates in correct and proper maintenance techniques.

3. The Contractor must employ competent, experienced traffic signal and streetlight technicians (International Municipal Signal Association (IMSA) Certification desirable) qualified in repair or trouble detection of the City's traffic signal and lighting equipment. If any subcontractor, Superintendent, Foreman, laborer, or other person employed or associated with the Contractor appears to City staff to be intemperate, incompetent, troublesome, or otherwise undesirable to be employed on the work site, that employee shall be immediately removed from the work site at the request of the City Engineer or his authorized agent.

4. The Contractor shall be responsible for providing all necessary traffic control equipment in all construction or maintenance zones per the latest CA MUTCD, or most recent edition, or as determined by the City Engineer or his authorized agent to be required to give adequate warning of any dangerous conditions that may be encountered, prevent accidents, and avoid damage or injury to the public. In addition, the Contractor shall not dose more than one lane of travel at a time unless otherwise authorized by the City Engineer or his authorized agent. Lane closures from 7:00 am to 8:30 am and 4:00 pm to 6:00 pm are not permitted for Standard or As-Required/Scheduled Maintenance.

Emergency repairs shall be made whenever required and are not subject to the aforementioned time restrictions.

5. The Contractor shall conduct his operations in order to minimize obstruction and inconvenience to public travel. At no time shall the Contractor be allowed to stop work for the purposes of a "coffee break" when the public right-of-way is impeded unless the work being done requires more than four (4) hours to complete.

Whenever the Contractors operations create a condition hazardous to traffic or to the public, he shall furnish and maintain, as necessary, fences, barricades, lights, signs, safety cones, and other devices per the latest CA MUTCD, or most recent edition, or as determined by the City Engineer or his authorized agent to be required to give adequate warning of any dangerous conditions that may be encountered, prevent accidents, and avoid damage or injury to the public. Failure to provide necessary devices shall be cause for slopping of work and vacating the job site until the situation is remedied.

6. The Contractor shall be responsible for the correct placement, number, and monitoring of temporary traffic signals and controls.

8.7.b
Packet Pg. 110 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

7. The Contractor shall be equipped with the spare parts insufficient quantities to maintain signal and streetlight operations. In those instances where a complex device, equipment, or component has to be repaired or replaced, the Contractor shall Install a temporary replacement of his own until such time as the part can be permanently repaired or replaced.

B. Should construction be underway by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any other nature be underway by other forces within or adjacent to the said limits, the Contractor shall cooperate with all such other contractor's or other forces to the end that any delay, duplication, or hindrance to their work shall be avoided. -

9. All work shall conform to the most recent edition of Caltrans Standard Plans and Specifications and the City of Gilroy Standard Details and Specifications.

10. The City Engineer or his authorized agent shall have access at all times to work completed or in progress and shall be furnished with all reasonable means and facilities for ascertaining the progress of work and the quality of the materials used. All work performed and all materials furnished shall be subject to the City Engineer or his authorized agent's inspection and approval. Any item not meeting the City Engineer or his authorized agent's complete satisfaction shall be replaced immediately.

Inspection of work shall not relieve the Contractor of any obligation to fulfill the contract as prescribed. Defective work or materials shall be made good, and unsuitable material may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously inspected by the City Engineer or his authorized agent and accepted.

11. All work, which is determined by the City Engineer or his authorized agent to be defective in is construction or is deficient in any way, shall be remedied or removed by the Contractor at his expense in a manner acceptable to the City.

12. The City Engineer or his authorized agent shall decide all questions that may arise regarding the quality or acceptability of materials furnished or work performed, the manner of performance and rate of progress of the work, and the acceptable fulfillment of the contract. The City Engineer's decision shall be final.

13. All fixed time, semi actuated, and fully actuated signals installed during the fife of the contract shall be added to those already maintained by the Contractor, as the City notifies the Contractor of the installation thereof. These signals shall be maintained at the same rate and in the same manner as those covered by the agreement. In the event notification Is made at other than the beginning of the monthly contract period, payment for that month shall be prorated from the day the Contractor is notified.

14. All RRFB crosswalks added throughout the life of the contract shall be maintained by the Contractor, as the City notifies the Contractor of the installation thereof. These RRFB crosswalks shall be maintained at the same rate and in the same manner as those covered by the agreement In the event notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated from the day the Contractor is notified.

8.7.b
Packet Pg. 111 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

15. All flashing beacons (not part of traffic signal assembly) added throughout the life of the contract shall be maintained by the Contractor, as the City notifies the Contractor of the installation thereof. These flashing beacons shall be maintained at the same rate and in the same manner as those covered by the agreement. In the event notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated from the day the Contractor is notified.

16. All electroliers added throughout the lire of the contract shall be maintained by the Contractor, as the City notifies the Contractor of the installation thereof. These electroliers shall be maintained at the same rate and in the same manner as those covered by the agreement. In the event notification is made at other than the beginning of the monthly contract period, payment for that month shall be prorated from the day the Contractor Is notified.

8.7.b
Packet Pg. 112 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

EXHIBIT"C"

MILESTONE SCHEDULE
103SM71 10
IACW700003 ''

8.7.b
Packet Pg. 113 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

EXHH3IT -D"

PAYMENT SCHEDULE
The Contractor shall submit to the Engineering Division an invoice for each month of maintenance. The invoice shall include the date and time of the service call, date and time of arrival at the location, date and time of completion of the prescribed work, description of service rendered, and a detailed listing of parts, equipment, and labor utilized in this repair. Follow-up work such as permanent knockdown replacements or other As-Requiredl Scheduled Maintenance shall include all of the above and a copy of the City -authorized "Work Authorization Form."
The Contractor shall be compensated for labor and mobile equipment for any regular maintenance or services in accordance with the rates set forth In the proposal. Overtime rates shall be charged, if any, only on weekdays from 5:00 pm to 8:00 am, Saturdays. Sundays, and all national holidays. Overtime shall be charged for only the actual time spent at the work site in fifteen (15) minute increments and any minimum call -out. The Contractor shall submit time sheets at the request of the City Engineer or his authorized agent to confine any personnel and mobile equipment charges whether for regular time or overtime. The Contractor's rates set forth in the proposal shall be complete and final. No other charges shall be permitted other than those stated in the Contractors proposal.

The Contractor shall be compensated at cost plus fifteen (15) percent for all material supplies not specifically included in the below rate sheet. Upon demand, the contractor shall submit to the City Engineer or his authorized agent copies of the material supplier's invoices for any materials used or supplied under this contract.
267u 61 m
uCV7 K

8.7.b
Packet Pg. 114 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

See Attachment "C3" for a detailed inventory, (and general exceptions) of the following items:

MONTHLY MAINTENACE ESTIMATED QUANTITY COST uNrr
Base Contract Items:

1. Traffic Signal Maintenance (Monthly)
City Owned and Maintained)

2. Traffic Signal Maintenance (3-Month)
City Owned and Maintained)

3. Traffic Signal Maintenance (6-Month)
City Owned and Maintained)

4. Traffic Signal Maintenance (Annually)
City Owned and Maintained)

5. RRFB Crosswalk
Maintenance
City Owned and Maintained)

6. Flashing Red Beacon Maintenance
City Owned and Maintained)

7. Flashing Yellow Beacon Maintenance
City Owned and Maintained)

8. Solar Speed limit Radar Signs
341ntersectlons/month 80.00 PER EACH
2720.00 EXT. COST
34 intersections/month 0.0omaumd PER EACH (R)
Add -on Cost to item 1) 0.00-iodudsa EXT. COST
34 intersections/mordh LutnGluded PER EACH (R)
Add -on Cost to item 1, 2) 0.00fidudnn EXT. COST
34 intersectiona/month 0.wm1ww a PER EACH (R)
Add -on Cost to item 1, 2, 3) $ s.owndudw EXT. COST
5 hashing x-walk/month 45.00 PER EACH
225.00 EXT. COST
1 flashing beacon/month
17 flashing beaconfmonth
4 Solar Radar Sign/month

9. Traffic Signal Maintenance (Monthly) 11 Intersections/month Caltrans Owned/Cky Maintained)

45.00 PER EACH

45.00 CXT. COST

45.00 PER EACH

06.00 EXT. COST

70.00 PER EACH
260.00 EXT. COST
t10.00 PER EACH
880.00 EXT. COST

10. Traffic Signal Maintenance (3-Month) 11 Intersections/month $ 0.owndWW PER EACH (R) Caltrans Owned/City Maintained) Add -on Cost to item 9) o.00-indudod EXT. COST 11, Traffic Signal Maintenance (&Month) 11 intersections/month O 0 ndWW PER EACH (R) Caltrans Owned/Clty Maintained) Add -on Cost to Item 9, 10) 0 N)A UN d EXT. COST

12. Traffic Signal Maintenance (Annually) 11 intersections/month o0n.mduded PER EACH (R) Caltrans Owned/City Maintained) Add -on Cost to kern 9, 10, 11) $ o.owmtuddd EXT. COST

13. Streetlight Night Check Per Zone 1 zone/month 960-00 PER EACH (R) City maintained)

8.7.b
Packet Pg. 115 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

14. USA Marking (strastiight and signal) 1 each (Marking/Remark only) $55,00 PER EACH Caltrans/Clty Maintalned) (Assume 100 locationalmonth)' $5500.00 EXT. COST Subtotal $ 11,365.00 (Eleven thousand three hundred slaty -fore dollars) per month R) - denotes revocable hems. City may elect to revoke this Item at any time.

Actual count varies (actual cost shall be based on unit price) te_1 l°„kTcd"I"olaiN P ryTl^ae'" V97Rd"`tlpA-'r K'". u na+r can i'i See Attachment"O" for a description of the following items:

EQUIPMENT COST UNIT

1. Service Truck............................................................ 5.00 PER HOUR

2. Service Truck with arrow board.. , ..... ........................... 6.00 ___ PER HOUR

3. Arrow Board ................................................... 6.00Mo CharMe PER HOUR

4. Dump Truck............................................................ 30.00__.. _ PER HOUR

5. Air Compressor ................................................... 0.001No Charge PER HOUR

6. Bucket Truck.. .......................................................... 30.00 _ PER HOUR

7. Boom Truck......................................................... 30.00 PER HOUR

8. Concrete Saw............................................................ 0.00/No Charge PER HOUR

9. Lighting Trailer.......................................................... 0.00/No Charge PER HOUR

PERSONNEL COST UNIT

10. Field Technician Supervisor --Regular 125.00 PER HOUR

11. Field Technician Supervisor -Overtime 200.00 PER HOUR

12. Electrical Technician - Regular 125.00 PER HOUR

13. Electrical Technician - Overtime 200.00 PER HOUR

14. Traffic Technician - Regular 125.00 PER HOUR
15 Traffic Technician - Overtime 200.00 PER HOUR

16. Field Technician - Regular S75.00 PER HOUR

17. Field Technician - Overtime 105.00 PER HOUR

18. Crane Operator- Regular 125.00 PER HOUR

19. Crane Operator -Overtime 200.00 PER HOUR

20. Engineering Technician 125.00 PER HOUR

21. GIS Specialist 125.00 PER HOUR

22. Traffic Engineer! Electrical Engineer 165.00 PER HOUR 23, Clerical Support 00.00 PER HOUR

REPAIRS COST UNIT

24. Turned Signal Head 80.00 PER EACH

25. Turned Signal Head - Overtime 450.00 PER EACH

26. Turned PED Head 80.00 PER EACH

27. Turned PED Head -Overtime M150.00 _ PER EACH

28. Loose Back Plate 80.00 PER EACH

29. Bulb Cell 80.00 PER EACH

30. Bulb Call - Overtime 450.00 ,_PER EACH

31. LED Lamp Out 170,00 PER EACH

32. LED Lamp Out - Overtime 500.00 PER EACH

8.7.b
Packet Pg. 116 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

33. Re -splice Loop 105.00 PER EACH
34, Epoxy Loop 125.00 PER EACH
36a. Fiber Optic Fusion Splicing (single mode) 170.00 PER STRAND 35b. Fiber Optic Fusion Splicing (multimode) 170.00 PER STRAND

36. Type 1-A Pale (10' or 7') 650.00 PER EACH

37. 5 Section 12" Signal Head (including reflector, lamp, visor t back plate) 730.00 PER EACH

38. MAS 5-Signal Head 800.00 PER EACH

39. 3secticn 12" signal head 400.00 PER EACH

40. 3-section 12" arrow signal head 300.00 PER EACH

41. Signal mount, pole 2D0.00 PER EACH

42. Signal mount, meat arts 95.00 PER EACH
43a. Pedestrian push button assembly (side mount) 70.00 PER EACH 43b. Pedestrian push button assembly (top mount) 7D.00 _ PER EACH 44a. PPB housing and sign (side mount) 80.00 PER EACH
44b. PPB housing and sign (top mount) 80.00 PER EACH

45. 4102-3p (ICC) universal Z crate visor 70.00 PER EACH

46. Pull box#5 250.00 PER EACH
47, Pull box#6 300.00 PER EACH
48, Pull box#6E 400.00 PER EACH

49. Pull box#7E 400.00 PER EACH

50. Type III AF service 3500.00 PER EACH
51, Telco Pedestal 600.00 PER EACH

52. Telco Pedestal 2 Blocks/ground rod Inst. 1600.00 PER EACH

53. 4094-D (ICC) type G Irdnl. Neon ped head n/a PER EACH 54 FED Mod Kit Installed 225.00 PER EACH

55. Loop installation (6'x6')-single 650.00 PER EACH

56. Loop Installation (8'x8') - Series of 4 Loops 2400.00 PER EACH

57. Video Detection (Autoscope) - One comers+ mini hub aee below PER EACH

58. Video Detection (Autoscope) -four cameras+ mini hub see below PER EACH

59. Stub out installation 80.00 _ PER EACH

60. IISNS Repair 250.00 PER EACH

61. Signal/Ped Head painting 100.00 PER EACH

62. 12 pair cable (pe22) installed/ 100' S soo.00 PER 100'

63. 25 pair cable (pe22) installed/ 100' 70D 00 „_ PER 100'

64. OSP Cst5e Cable installed/ 100' sno no PER 100'

65. Trench 1.5' conduit installed/ 100' MOM PER 100'
66, Trench 3.0" cendun installed/ 100' 3400.00 PER 100'

67. Trench colored quad -dud, schedule 40/ 100' 3900.00 PER 100'

68. Quad -Duct schedule 40 installed in open trench by dug by others $ 1000.00 PER 100'

69. Bore 1.5" conduit 100' 4000.00 PER 100'

70. Bore 3.0" conduit 100' 4300.00 PER 100'

71. Bore. colored quad4dud, schedule 40, 100' ge00.00 PER 100'

72. 70-watt HPS lamp 11.00 PER EACH

73. 100-watt HPS lamp 11.00 PER EACH

74. Tape Shield 50.OD PER EACH

75. Flat Lana 50.00 PER EACH

76. Leotek 20F LED fixture (furnish and install) sea belay PER EACH

77. Leotek 3OF LED fixture (furnish and install) see belay PER EACH

78. Leotek 40F LED fixture (fumish and install) see below PER EACH

79. Leotek 6OF LED fixture (furnish and install) see below PER EACH

8.7.b
Packet Pg. 117 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

al). Leotek 80F LED fixture (furnish and install) see below PER EACH

81. Leotek 100F LED fixture (furnish and install) S `see below PER EACH

82. Leotek 120F LED fixture (furl and install) see below PER EACH

83. King Luminaire LED Decorative Fixture (furnish and Install) soe below PER EACH

84. New Signal Turn On Support 155.00 PER HOUR

85. Furnish and Install Anti -Theft Pull Box Lid 380 00 PER EACH

86. Tape Programmed Visibility Head Kit 100,00 PER EACH

87. Furnish and Install streetlight photoelectric cells 85.00 PER EACH Due to varying vendor market price fluctuations, cost(s) will be based on current market price plus labor All vendor documentation and/or invoicing shall be forwarded to the City upon request.

Subcontractor Fee Schedule

TRAFFIC

PATTERNS
Typical Fees (Includes 10% Markup for Service thru Prime Contractor) Work Type Hourly Rate Flat Rate per SheebProject
Project Management/Design $181.50
Expert Witness— Field lnvestigationslReview $214.50
Expert Witness — Deposition $324.50
ExpertWiitness— CourtTestimony $544.50
Traffic Handling Plans — Standard 324,50
Traffic Handling Plans —48 Hour RUSH 440.00
Traffic Handling Plans — Signage & Striping 1,045.00
Traffic Handling Plans — Traffic Signal Modifications 1,320.00 Traffic Signal Design— Includes Electrical Field investigation $16.500.00 Traffic Patterns provides a detailed work scope for review and approval by clients ptiur to the start of work.

Work Scopes are tailored to meet project budgets and gords-

8.7.b
Packet Pg. 118 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

ITEM DESCRIPTION
1-9 Supply equipment as required. Cost shall be given on a per hour basis. 10-23 Supply labor as required. Cost shall be given on a per hour basis, except as noted. 24-35 Supply material and complete work per most recent edition of Caltrans Standard Plans and Specifications. Costs provided should be on a per unit basis. 36-45 Supply material only. Installation shall be given on a per hour basis. 46-49 Supply material and complete Pull Box Installation per most recent edition of Caltrans Standard Plans and Specifications.
50 Supply material and complete installation per most recent edition of Caltrans Standard Plans and Specifications.
51 Supply labor as required. Material is not included in this price. Cost shall be given on a unit basis.
51-52 Supply material and install Telco Pedestal installation per most recent edition of Caltrans Standard Plans and Specifications.
53-55 Supply and install pedestrian signal indications, ballasts, and transformers as they become inoperative or defective. Pedestrian indications shall be per most recent edition of Caltrans Standard Plans and Specifications.
56 Supply material and complete loop installation per most recent edition of Caltrans Standard Plans and Specifications.
57-58 Supply material and complete video detection installation per draft Caltrans Standard Specifications or most recent edition of Caltrans Standard Plans and Specifications. 59 Supply material as needed per job.
60 Supply material and complete IISNS Repair per most recent edition of Caltrans Standard Plans and Specifications.
61 Supply material and complete painting per most recent edition of Caltmns Standard Plans and

8.7.b
Packet Pg. 119 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

Specifications.
62-64 Supply material and complete underground cable installation in existing conduit per most recent edition of Callrans Standard Plans and Specifications.
65-68 Supply material and complete trenching conduit installation per most recent edition of Callrans Standard Plans and Specifications.
69-71 Supply material and complete boring conduit installation per most recent edition of Callrans Standard Plans and Specifications.
72 Supply material as needed per job.
73-82 Supply and install material
83 Supply enough labor to use up one full can of paint
84 Provide full Traffic Signal Turn on Support
65-86 Furnish and Install

8.7.b
Packet Pg. 120 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

CITY OF GILROY

STREET LIGHT NIGHT CHECK ZONES
53 8.7.b
Packet Pg. 121 Attachment: Cal-West Agreement (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

May 31, 2022
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Sirs,
I would like to take this opportunity to express my utmost Appreciation and Gratitude for allowing Cal-West to assist the City of Gilroy with it's ongoing Traffic Signal and Street Light Maintenance program.

We work hard to meet or exceed the expectations presented by the City towards achieving a smooth flowing Traffic Signal and Street-Lighting solution. We feel that we have built a strong and solid relationship with the City personnel in relation to reaching the same goals and hope they are pleased with our performance.

The original contract agreed upon states there may be a contract extension for the next and upcoming fiscal year based on satisfactory and approved performance. In addition, annual pricing may also be adjusted accordingly as per the San Francisco-Oakland-San Jose Consumer Price Index.

We at Cal-West will consider it an Honor to have the opportunity to continue assisting the City of Gilroy with it's ongoing Maintenance Services for the next fiscal year of July 2022 through June 2023.

Cal-West shall not increase any pricing in any way and will not be submitting for a CPI increase for the next two fiscal years.

Cal-West shall Honor it's original submitted pricing throughout the full term of the original Contract as originally agreed upon.

Thank you for your time and consideration.

Sincerely,
Craig H. Geis Jr.

President
PO Box 612035 ♦ San Jose, CA 95161-2035
Phone: (408) 923-1313 ♦ Fax: (408) 923-1115 ♦ License No. 847901

EXHIBIT A

8.7.c
Packet Pg. 122 Attachment: Gilroy CPI 2022-2023 (3824 : Amendment to Agreement with Cal-West Lighting and Signal Maintenance, Inc.)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of the Fourth Amendment to the Franchise Agreement Between the City of Gilroy and Recology South Valley for Solid Waste Management Services
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Council approve the amendment.

BACKGROUND
The City of Gilroy has an exclusive franchise a greement with Recology South Valley for solid waste management services. The agreement is set to expire at the end of June.

The City’s shared Environmental Services Division with Morgan Hill is currently negotiating the new agreement.

DISCUSSION

8.8 Packet Pg. 123

The City's current franchise for solid waste management services with Recology South Valley expires at the end of June. While the City and Recology have been negotiating a new franchise agreement for several months that will both extend the time of the franchise and accommodate the new services required by State law, this document is not finalized and a short-term extension will be required. Staff recommends that the Council authorize the City Administrator to execute the attached two-month franchise extension subject to the review and approval of the City Attorney.

ALTERNATIVES
Council may amend or reject the extension.

FISCAL IMPACT/FUNDING SOURCE
There are no new fiscal impacts to the City from this extension. The current contract terms will simply continue for the additional timeframe until the new franchise agreement negotiation and adoption process completes.

CONCLUSION
The extension amendment is required in order to maintain operations while the negotiation process completes.

Attachments:

1. Fourth Amendment to Gilroy Franchise Agreement

8.8 Packet Pg. 124

FOURTH AMENDMENT TO THE FRANCHISE AGREEMENT

BETWEEN THE CITY OF GILROY

AND RECOLOGY SOUTH VALLEY

This Fourth Amendment to the Franchise Agreement (“Fourth Amendment”) is entered this ____ day of June, 2022, by and between the City of Gilroy (the “City”), a municipal corporation of the State of California, and Recology South Valley (“Contractor”), a California Corporation.

This Fourth Amendment is made with references to the following facts:

A. City and Contractor are currently parties to an Agreement dated September 2, 1997, as amended from time to time (the “Franchise Agreement”), by which City granted to Contractor the exclusive franchise to collect, transport and dispose of garbage and refuse produced within the corporate limits of City. The existing Agreement expires July 1, 2022.

B. City and Contractor are currently engaged in negotiations to establish a new franchise agreement pursuant to which Contractor shall provide for solid waste collection and management services and additional services to support compliance with SB 1383.

C. New franchise documents are nearly finalized but will not be ready for Council consideration prior to the expiration of the current franchise.

NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this Fourth Amendment, City and Contractor hereby agree as follows:

Section 18 (a) Commencement and Term shall be amended and replaced in its entirety by the following:
18(a) Commencement and Term. This Agreement shall commence on the Effective Date, but the Contractor’s services hereunder shall commence on July 9, 1997, or on such other date as the parties may mutually agree. The term of this Agreement shall be eighteen (18) years and two months in addition to the unexpired portion of the term of the present franchise agreement between the parties, that is, until August 31, 2022.

All other terms of the Franchise Agreement, the First Amendment to the Agreement, the Second Amendment to the Agreement, and the Third Amendment to the Agreement which are not in conflict with the provisions of this Fourth Amendment shall remain unchanged in full force and effect. In case of a conflict in the terms of the Franchise Agreement, the First

8.8.a
Packet Pg. 125 Attachment: Fourth Amendment to Gilroy Franchise Agreement (3827 : Franchise Agreement Extension)

Amendment to the Agreement, and the Second Amendment to the Agreement, the Third Amendment to the Agreement and this Fourth Amendment, the provisions of this Fourth Amendment shall control.

The Parties acknowledge and accept the terms and conditions of this Fourth Amendment as evidenced by the following signatures of their duly authorized representatives.

It is the intent of the Parties that this Fourth Amendment shall become effective as of the date first written above.

Dated: ______________________________

CITY OF GILROY

__________________
Marie Blankley, Mayor

____________________
Jimmy Forbis, City Administrator
APPROVED AS TO FORM:

CITY OF GILROY:

_____________________
Andy Faber, City Attorney

RECOLOGY SOUTH VALLEY

______________________
Salvatore M. Coniglio, Chief Executive Officer

8.8.a
Packet Pg. 126 Attachment: Fourth Amendment to Gilroy Franchise Agreement (3827 : Franchise Agreement Extension)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner from Owen Equipment in an amount not to exceed $594,156.16.

Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

 Maintain and Improve
City Infrastructure

RECOMMENDATION

BACKGROUND
On December 4, 2017, Council unanimously approved the adoption of Resolutio n Number 2017-39 authorizing the City Administrator to enter into an agreement with the National Joint Powers Alliance (NJPA) and take advantage of the nationally leveraged competitively solicited purchasing contracts.

9.1 Packet Pg. 127

The City utilized the purchasing power of NJPA Contract #022014-FSC as allowed by the City’s purchasing process. The City has used NJPA in the past for purchasing.

NJPA completes all the required research, advertising, and competitive process aligned with the City of Gilroy Purchasing Policy.

On June 6, 2018, NJPA became formally known as Sourcewell. Sourcewell promised to maintain and continue to recognize the NJPA name. Membership agreements, contracts, and agreements entered into with the NJPA will remain valid and continue in effect without impact. This is to ensure contractual continuity and to safeguard any disruptions to engagement with Sourcewell. Included in this would be membership, use of cooperative purchasing contracts, or other contractual engagements.

On May 2, 2006, The State Water Board adopted Order No. 2006 -0003-DWQ, Statewide General Waste Discharge Requirements (GWDR) for Sanitary Sewer Systems (SSS) to regulate wastewater collection system management. The Order required public agencies that own or operate sanitary sewer collection systems with more than one mile of sewer pipes that convey untreated wastewater to a publicly owned treatment facility, to develop and implement a Sewer System Management Plan (SSMP) aimed at reducing, monitoring, and reporting Sanitary S ewer Overflows (SSOs).

The GWDR order is in compliance with the Clean Water Act (CWA). The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States. The Monitoring and Reporting Program (MRP) from the State Water Resources Control Board (SWRCB) has issued statewide waste discharge requirements for sanitary sewer systems, which include requirements for development of an SSMP.

The City of Gilroy’s SSMP contains information on City sewer programs and plans for operation and maintenance of the sewer collection system. Each element of the SSMP describes how the City will comply with the Statewide Water Discharge Requirements (WDRs) for Sanitary Sewer Systems. This will aid in eliminating or reducing cl aims, fines, and lawsuits against the City.

The Vactor truck being purchased will be used to augment the existing fleet compliment and to relegate the oldest Vactor in Fleet, which is 17 years in age, to a back -up status or emergency status when a Vactor is in service or otherwise unavailable. The Vactor purchased in 2017 will remain as a primary unit. The older Vactor with an estimated 500-gallon capacity of water for cleaning will be held in emergency reserve and eventually retired. In contrast, the new Vactor has a 1500-gallon capacity of water for cleaning.

The Vactor truck is used as the first defense against sewer blockages, spills into waterways, and sewer intrusions, as well as digging for waterline repairs using its hydro-excavator capabilities. It is imperative that problematic pipes, including those in easements and siphons, be cleaned on their established cycles in order to protect

9.1 Packet Pg. 128

health, the environment, and property. Performing this work with the Vactor protects the City from any potential regulatory enforcement by the Environmental Protection Agency, State Water Board and Non-Governmental Organizations such as River Watch, Baykeepers, and Clean Water Action.

ANALYSIS
The acquisition of a new Vactor will ensure that the Streets/Sewer/Trees Division can adequately adhere to its Preventative Operation and Maintenance objectives, which are as follows:
• Proactive, preventative, and corrective maintenance of gravity sewers, • Ongoing CCTV inspection program to determine the condition of the gravity sewers,
• Rehabilitation and replacement of sewers that are in poor condition, and • Properly train City employees and contractors to assure proper operations and maintenance of the collection system facilities.

ALTERNATIVES
Council can opt to not approve the purchase of a new Vactor. The 2005 Vactor has severe limitations in its capacity, replacement parts and cleaning capability, making it a poor choice for the City’s cleaning programs. Without a capable unit, crews are taken away from conducting both the High Priority Cleaning (HPC) and System Wide Cleaning (SWC)programs which lead to increased blockages, more service interruptions and SSOs. These can lead to claims, fines, and lawsuits. Staff does not recommend this option.

FISCAL IMPACT/FUNDING SOURCE
The total pricing associated with the purchase of a new Vactor 2100i Combination Single Engine Sewer Cleaner is as follows:

Description Cost
Sourcewell Price $544,473.00
Sales Tax $49,683.16
Total Purchase Price $594,156.16

The Vactor 2100i will be purchased using Fund 600 (Fleet). The adopted FY22 budget includes $1.5 million for vehicle replacement across the organization, including $500,000 for the Vactor. Due to the ongoing supply chain issues worldwide, ordering of new vehicles is backed up therefore staff do not project expending the full budgeted

9.1 Packet Pg. 129

amount for FY22. Staff recommend utilizing the appropriations from the remaining vehicle replacement budget to fund the balance of the Vactor truck of approximately $94,000. Staff plans to return to Council at mid-cycle with revised recommendations for vehicles to be replaced during FY23 based on market availability of new vehicles.

NEXT STEPS
With Council’s approval, staff will finalize the purchase of the Vactor 2100i Combination Single Engine Sewer Cleaner for the Public Works Operations Division. Owen Equipment estimates eight to nine months of lead time for delivery to the City and once delivered, the equipment will be deployable in approximately one week.

Attachments:

1. Proposal

9.1 Packet Pg. 130

Russ Knight
Tel: 707-290-9093
Quote Number: 2022-47537 1 of 8

Presents a Proposal Summary

of the

2100i

Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a Heavy Duty Truck Chassis

for

City of Gilroy
613 Old Gilroy St.

Gilroy, Ca 95020
USA

Contract Number: 1011221-VTR

9.1.a
Packet Pg. 131 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

Quote Number: 2022-47537 2 of 8

PRODUCT DESCRIPTION

· 2100i with Roots 824-16" Hg. Blower, 10 Yard Debris body, 1500 Gallons of Fresh Water

STANDARD FEATURES

· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Intuitouch Electronic Package
· Double Acting Dump Hoist Cylinder
· Handgun Assembly w/35' x 1/2" Hose w/Quick Disconnects · 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· (3) Nozzles with Carbide Inserts w/Rack
· Suction Tube Storage - 4 Pipe
· 1" Nozzle Pipe
· 10' Leader Hose
· Flat Rear Door w/Hydraulic Locks
· Dual Stainless Steel Float Shut Off
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 60" Dump Height
· Additional Water Tank Sight Guage
· Liquid Float Level Indicator
· Boom Transport Post Storage
· Boom Out of Position Indicator/Alarm
· Body Out of Position Indicator/Alarm
· 3" Y-Strainer @ Water Pump
· Performance Package
· 1" Water Relief Valve
· Microstrainer Prior to Blower
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Tachometer & Hourmeter/Blower
· Circuit Breakers
· LED Lights. Clearance, Back-Up, Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Alarm
· Hydraulic Tank Shutoff Valves
· Module Paint, Dupont Imron Elite - Sanded Primer Base · 8" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
· Fixed Rear Door Pipe Rack, 8" Pipe
· Subframe Mounted, 2-Pipe Rack, 8"
· Low Water Alarm with Water Pump Flow Indicator
· Joystick Boom Control
· Rodder System Accumulator- Jack Hammer on/off control w/ manual valve · Digital Hose Footage Counter
· Water Pump Hour Meter
· PTO Hour Meter

9.1.a
Packet Pg. 132 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

Quote Number: 2022-47537 3 of 8 · Hydraulic Oil Temp Alarm
· Digital Water Pressure Gauge
· Vactor Standard Manual and USB Version - 1 + Dealer

ADDITIONAL FEATURES

· 48" x 22" x 24" Curb Side Aluminum Toolbox with Lighting · Roots 824-16" Hg. Blower
· 180 Degree Rotation, 10 Ft. Hydraulic Telescoping Boom, Front Loading 8" Suction Hose · 80 GPM Variable Flow Water System
· 2500 PSI Water Pressure
· Hydraulic Cooling Package
· 1" x 1000' Piranha Sewer Hose, 2500 PSI
· Hydraulic Extending/Rotating 15" Hose Reel (1" x 1000') Capacity · Debris Body Washout
· 6" Rear Door Knife Valve w/Camlock, Air Actuated, 3:00 Position · 6" Rear Door Knife Valve w/Camlock, Air Actuated w/Port, 6:00 Position · Full Rear Door Swinging Screen
· Centrifugal Separators (Cyclones)
· Folding Pipe Rack, Curbside, 8" Pipe
· Folding Pipe Rack, Streetside, 8" Pipe
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Laval Water Separator at Fill
· Hot Shift Blower Drive (automatic transmission)
· Bellypack Wireless Controls with hose reel controls, 2-way communications, and LCD Display · Handgun Couplers, Front and Rear
· Hydro Excavation Kit - Includes Lances w/ Shield, Nozzles, Storage Tray, and Vacuum Tube · Hose Wind Guide (Dual Roller), Auto, Hydraulically Indexing with Pinch Roller · Rodder Hose Pinch Roller
· Hose Reel Manual Rewind Tool
· High Pressure Hose Reel
· Rodder Pump Drain Valves
· Rear Directional Control, LED Arrowboard
· Front Directional Control, LED Arrowstick
· Wireless, Waterproof, Rechargable, Handheld, LED Spot Light w/12V Charger · Front Mounted, LED Beacon Light w/Limb Guard
· 14 Lighting Package, 14 Federal Signal Strobe Lights, LED · LED Mid-Ship Turn Signals
· Worklights (2), LED,Boom
· Worklights (2), LED, Rear Door
· Worklight, LED, Operators Station
· Worklight, LED, Hose Reel Manhole
· Worklight, LED, Curb Side
· Worklight, LED, Street Side
· Hose Reel Wrapped for Delivery
· Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) LED Side Markers · Behind Cab Toolbox with Lighting
· Toolbox, Driver Side Chassis Frame, 24w x 24h x 24d, with Lighting · Toolbox, Driver Side Subframe, 18w x 24h x 24d, with Lighting · (4) Long Handle Tool Storage Locations Behind Cab
· Camera System, Front, Rear and Both Sides
· Safety Cone Storage Rack - Post Style Front Bumper driver side · Additional Safety Cone Storage Rack – 2 @ Rear bumper Drop in Style · Digital Water Level Indicator
· Digital Debris Body Level Indicator

9.1.a
Packet Pg. 133 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

Quote Number: 2022-47537 4 of 8 · Blower High Temperature Safety Shutdown
· 1 Printed Full Vactor Manual
· Vactor Standard Manual and USB Version – 1
· Chassis Mods: Power Windows/Lock/Mirrors. Duel Air Ride Seats. Aluminum Wheels. Chassis engine inspection door · Water Tank upgrade to Helix Jet Bugs tank
· 15k Nozzle allowance: Style TBD
· 1 x new 8” by 78” Higbee Tube
· Owen to Furnish and install Motorola CM300D mobile radio and 2 x external speakers midship and front of t ruck

9.1.a
Packet Pg. 134 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

Quote Number: 2022-47537 5 of 8

ALL COST INCREASES FOR MAJOR COMPONENTS (ENGINES, TRANSMISSIONS, AXLES AND TIRES), ALL COSTS

RESULTING FROM GOVERNMENT MANDATED REQUIREMENTS, AND ALL RAW MATERIAL SURCHARGES WILL BE PASSED THROUGH AND ADDED TO FACTORY INVOICES.

Customer Initials ________

Sourcewell price for Vactor 2100i…………..………………………………………………………..$544,473.00 Tax @9.125 %........................................................................................................................................$49,683.16 Total Price FOB Gilroy, Ca.………...………………………………….…………………….........…$594,156.16 Registration and training included

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good until June 25, 2022. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 240-265 days TERMS: Net 10 or Approved Lease

Let me know if you need any additional information. I can provide you with a bid spec if you need it. I would welcome the opportunity to set up a demo to show you guys just how easy it is to use our unit. If you have any questions, please give me a call at (707) 290-9093.

Sincerely,

Russell Knight
Russell Knight
Branch Manager

9.1.a
Packet Pg. 135 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

QuoteNumber:2022-47537 6 of 8

LIMITED WARRANTY

Limited Warranty. Each machine manufactured by VACTOR MANUFACTURING (or, "the Company") is warranted against defects in material and workmanship for a period of 12 months, provided the machine is used in a normal and reasonable manner and in accordance with all operating, maintenance and safety instructions. In addition, certain machines and components of certain machines have extended warranties as set forth below. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for rental purposes, the applicable warranty period commences from the date the machine is first made available for rent al by the Company or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty period. This limited warranty is the sole and exclusive warranty given by the Company.

STANDARD EXTENDED WARRANTIES (Total Warranty Duration)
2100 Series, HXX Series and Jetters 10 years against water tank leakage due to corrosion. Nonmetallic wate r tanks are covered for 5 yrs. against any factory defect in material or workmanship. 2100 Series, HXX Series and Guzzler only 5 years against leakage of debris tank, centrifugal compressor or housing due to rust-through.
2100 Series and Jetters 2 years - Vactor Rodder Pump
Exclusive Remedy. Should any warranted product fail during the warranty period, the Company will cause to be repaired or replaced, as the Company may elect, any part or parts of such machine that the Company's examination disclo ses to be defective in material or factory workmanship. Repairs or replacements are to be made at the selling Company's authorized dealer's or distributor's location or at other locations approved by the Company. In lieu of repair or replacement, the Compa ny may elect, at its sole discretion, to refund the purchase price of any product deemed defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim.

This Limited Warranty shall not apply to (and the Company shall not be responsible for):

1. Major components or trade accessories that have a separate warranty from their original manufacturer, such as, but not lim ited to, trucks and truck chassis, engines, hydraulic pumps and motors, tires and batterie s.

2. Normal adjustments and maintenance services.

3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses and gaskets.

4. Failures resulting from the machine being operated in a manner or for a purpose not recommended or not in accordance with operating, maintenance or safety instructions provided by the Company.

5. Repairs, modifications or alterations without the express written consent of the Company, which in the Company's sole judg ment, have adversely affected the machine's stability, operation or reliability as originally designed and manufactured.

6. Items subject to misuse, negligence, accident or improper maintenance. *NOTE* The use in the product of any part other than parts approved by the Company may invalidate this warranty. The Company reserves the right to determine, in its sole discretion, if the use of non -approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make the Company liable for loss, injury, or d amage of any kind to any person or entity resulting from any defect or failure in the machine.

THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT

PERMITTED, CONFERRED BY STATUTE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AGAINST FAILURE OF ITS ESSTENTIAL PURPOSE, ALL OF WHICH ARE DISCLAIMED.

This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company. For the avoidance of doubt, the Company shall not be liable for any indirect, special, incidental or consequential damages, including, but not lim ited to, loss of use or lost profits. The Company makes no representation that th e machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on behalf of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. Any legal action based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action.

The Company reserves the right to make design changes or improvements in its products without imposing any obligation upon it self to change or improve previously manufactured products.

VACTOR MANUFACTURING
1621 S. Illinois Street
Streator, IL 61364

9.1.a
Packet Pg. 136 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

TERMS AND CONDITIONS

Quote Number:2022-47537 7 of 8 ORDERS: All orders are subject to acceptance by Vactor Manufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management.

PRICES: All orders are subject to current prices in effect at the time of order acknowledgement.

F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory.

PAYMENT TERMS: The company's payment terms are due
upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product.

CANCELLATION: Orders cannot be cancelled except upon
terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price.

SHIPMENT: All proposals are based on continuous and
uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store compl eted items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property.

STORAGE CHARGES: Vactor shall charge the customer at
current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by Vactor i s at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control.

PERFORMANCE: Vactor shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control.

EXPERIMENTAL WORK: Work performed at customer's
request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.

SKETCHES, ENGINEERING DRAWINGS, MODELS and
all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor.

TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws. However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax (F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor.

PRODUCT IMPROVEMENTS: Vactor reserves the right to
change manufacturing specifications and procedure in
accordance with its product improvement policy.

MOUNTING PRICES: Mounting prices assume normally
factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate.

WARRANTY: Vactor warrants its products to be free from
defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated herein.

THERE ARE NOT OTHER WARRANTIES OF ANY KIND

EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDED

BUT NOT BY WAY OF LIMITATION, ARE THE IMPLIED

WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE AND MECHANTABILITY.

IT IS UNDERSTOOD AND AGREED THE VACTOR'S

LIABILITY WHETHER IN CONTRACT, IN TORT,

UNDER ANY WARRANTY IN NEGLIGENCE OR

OTHERWISE SHALL NOT EXCEED THE RETURN OF

THE AMOUNT OF THE PURCHASE PRICE PAID BY

THE PURCHASER AND UNDER NO CIRCUMSTANCES

SHALL VACTOR BE LIABLE FOR SPECIAL,

INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THE PRICES STATED FOR THE

EQUIPMENT IS A CONSIDERATION IN LIMITING
VACTOR'S LIABILITY. NO ACTION REGARDLESS OF

FORM, ARISING OUT OF THE TRANSACTION OF THE

AGREEMENT MAY BE BROUGHT BY PURCHASER

MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION HAS OCCURRED.

VACTOR'S MAXIMUM LIABILITY SHALL NOT

EXCEED AND BUYER'S REMEDY IS LIMITED TO

EITHER (I) REPAIR OR REPLACEMENT OF THE

DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S

OPTION (II) RETURN OF THE PRODUCT AND

REFUND OF THE PURCHASE PRICE AND SUCH

REMEDY SHALL BE BUYER'S ENTIRE AND
EXCLUSIVE REMEDY.

CHOICE OF LAW: These terms and conditions shall be
construed according to the laws of the State of Illinois. Failure

9.1.a
Packet Pg. 137 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

TERMS AND CONDITIONS

Quote Number:2022-47537 8 of 8 at anytime by Vactor to exercise any right of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter.

COMPLETE AGREEMENT: These terms and conditions,
contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor.

All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected.

I agree with the above terms and conditions:
___________________________

Date: ______________

9.1.a
Packet Pg. 138 Attachment: Proposal (3858 : Approve the Purchase of a Vactor 2100i Combination Single Engine Sewer Cleaner)

City of Gilroy

STAFF REPORT
Agenda Item Title: Acceptance of the Public Health Goal Report for the Gilroy Drinking Water System in Accordance with California Health and Safety Code 116470
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Accept the 2019-2021 Public Health Goal Report for the Gilroy Drinking Water Syst em in accordance with California Health and Safety Code 116470.

EXECUTIVE SUMMARY
The City’s water system continues to comply with all health -based drinking water standards and Maximum Contaminant Levels established by the State Water Resources Control Board (SWRCB) and the United States Environmental Protection Agency (USEPA).

10.1 Packet Pg. 139

The City of Gilroy obtains its municipal water supply from groundwater well sources within the Llagas Basin Aquifer. The City currently operates nine water wells (referred to as Well 1, 2…,8,8a) that vary in depth and are located throughout the City. In 2021, these wells supplied potable water to an estimated 58,213 residents for personal and industrial use.

This Public Health Goal (PHG) Staff Report for 2019-2021 is being provided to the City Council to comply with SWRCB regulations. SWRCB regulations require cities with over 10,000 water connections to prepare a report and hold a public hearing, for the purpose of accepting and responding to public comment, whenever any drinking water contaminant exceeds the established PHGs. PHGs are classified more as recommendations than mandates. Neither the SWRCB nor USEPA mandate additional actions nor specific treatments for contaminants exceeding PHGs.

One constituent in the City’s water, Tetracholoroethylene, also known as perchloroethylene (PCE) and sometimes called “dry-cleaning fluid”, has exceeded the established PHG, on average, by 0.00003 Milligram/liter for the years 2019-2021.

Attached to this staff report are the Consumer Confidence Report (CCR) for 2021 and the July 25, 2019 monitoring report for Well 2. The CCR is a water quality summary of the Gilroy water system that is mailed to all residents each year. The 2021 CCR is attached to this staff report because it shows the max imum concentration of PCE detected in the water system for the PHG reporting period. The Well 2 monitoring report is the corresponding source document for the maximum detection level of PCE.

BACKGROUND
The USEPA and the SWRCB develop regulations called Maximum Contaminant Levels (MCLs) to comply with the Safe Drinking Water Act. MCLs are the legal limit of a contaminant that can be found in drinking water and still protect public health.

PHGs are established by the State Office of Environmental Health Hazard Assessment.

Similar to MCLs, PHGs prescribe the maximum amount of a contaminant that can be found in drinking water. MCLs are enforceable regulatory standards that all public water systems in the state must adhere to. Conversely, PHGs are non -enforceable health- based goals that do not consider the limits of detection and available treatment technologies. Some PHG levels are such that current water systems either cannot meet or would have to invest an exorbitant amount of money and effort to meet, which makes delivering drinking water at those PHG levels infeasible. PHGs are generally considered recommendations rather than mandates.

Section 116470(b) of the California Health and Safety Code requires all public water systems with more than 10,000 service connections to prepare and submit a PHG Report by July 1st, which covers the preceding three calendar years. This PHG Report contains information regarding a contaminant found in the City of Gilroy’s water system that exceeded its PHG identified level.

10.1 Packet Pg. 140

The PHG Report is prepared because the PHG for one constituent in the City’s water, Tetracholoroethylene (also known as perchloroethylene or PCE), has exceeded the PHG, on average, by 0.00003 mg/l for the years 2019-2021.

Tetrachloroethylene is a chlorinated hydrocarbon solvent and chemical intermediate which is used in several commercial processes. It is often used as a dry cleaning and textile-processing solvent and for vapor degreasing in metal cleaning operations.

Numerous household products contain some level of PCE. PCEs used in the production of chlorofluorocarbons (CFCs) has declined in recent years due to reduced production of CFCs (which are often associated with aerosol sprays, blowing agents for foams and packing materials, solvents, and refrigerants) stemming from efforts to protect the stratospheric ozone layer from depletion. Solvent recovery operations and recycling have also reduced demand for PCE production. Past dry -cleaning operations in Gilroy are the most likely source of contamination in our wells. These chemicals were from previous releases into the ground and percolated to the current water table level where the solvent was detected.

It is important to recognize that PHGs are goals rather than enforceable standards and that public water systems are not required to meet PHGs. Public water systems are only required to not exceed the MCLs established by the SWRCB. In the three years covered by this report, the City has only exceeded the PHGs for one contaminant, Tetrachloroethylene (PCE), and only in two out of the nine wells. The City’s water has never exceeded the MCLs for PCE.

The MCLs are enforceable standards that represent the highest level of a contaminant that is allowed in drinking water. PHGs are based solely on publi c health risk considerations, and do not account for the practical risk -management factors that are considered by the USEPA or the SWRCB when establishing MCLs. PHGs are concentrations of drinking water contaminants that pose no significant health risk if consumed for a lifetime, based on current risk assessment principles, practices, and methods. PHGs are established by the California Office of Environmental Health Hazard Assessment (OEHHA) and are not enforceable standards.

ANALYSIS
Some of the test results for Well 1 and Well 2 have exceeded the PHG for PCE. The MCL for PCE is 0.005 mg/l (milligrams per liter, which is the same as parts per million) and the PHG is 0.00006 mg/l. The MCL for PCE is 83 times higher than the PHG.

Wells 1 and 2 have been tested monthly in 2019, 2020, and 2021, whereas Well 3 and Well 7 have been tested quarterly. The range of detections in these years was between non-detect and 0.0024 mg/l. The highest reading for PCE was at Well 2 on July 25, 2019 with a reading of 0.0024 mg/l, which is still 48% below the MCL. The average concentration of PCE for the 3 years of this report is 0.0000 9 mg/l. Each year’s average readings are only slightly higher than the PHG and well below the MCL of 0.005 mg/l as shown in the chart below.

10.1 Packet Pg. 141

Wells 1 and 2, which are located within 2,500-3,000 feet of each other in central Gilroy, produce approximately 35% of the City’s water supply. It is important to note that all City wells have, at all times, met State/Federal standards for drinking water. The City’s water system continues to comply with all health -based drinking water standards and maximum contaminant levels established by the SWRCB and the USEPA. No additional actions or treatment are recommended by the State or USEPA as there is no known impact to humans.

FISCAL IMPACT/FUNDING SOURCE
There are no financial impacts associated with receiving and filing this report.

Attachments:

1. 2021 Consumer Confidence Report Brochure

2. City of Gilroy Monitoring Results - July 25, 2019

10.1 Packet Pg. 142

TABLE 1 - SAMPLING RESULTS SHOWING THE DETECTION OF COLIFORM BACTERIA 2019Microbiological Contaminants(to be completed only if there was a detection of bacteria)Highest No. ofdetectionsNo. ofmonths in violationMCLMCLGTypical Source of BacteriaTotal Coliform Bacteria(in a month)20More than 5% samples in a month with a detection0Naturally present in the environmentFecal Coliform or E. coli(in a year)00A routine sample and a repeat sample detect total coliform and either sample also detects fecal coliform or E. coli0Human and animal fecal wasteTables 1, 2, 3, 4, and 5 list all of the drinking water contaminants that were detected during the most recent sampling for the constituent. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. The SWRCB requires us to monitor for certain contaminants less than once per year because the concentrations of these contaminants are not expected to vary significantly from year to year. Some of the data, though representative of the water quality, are more than one year old. TABLE 2 - CUSTOMER TAP LEAD/COPPER SAMPLINGLead and Copper (to be completed only if there was a detection of lead or copper in the last sample set)No. ofsamplescollected90th percentilelevel detectedSchools that have requested lead samplingNo. SitesexceedingALALMCLGTypical Source of ContaminantLead (ppb)6/30/2021300.00 ND240152Internal corrosion of household water plumbing systems; discharges from industrial manufacturers; erosion of natural depositsCopper (ppm)6/30/2021300.310N/A01.30.3Internal corrosion of household water plumbing systems; erosion of natural deposits; leaching from wood preservatives TABLE 3 - SAMPLING RESULTS FOR SODIUM AND HARDNESSChemical or Constituent(and reporting units)SampleDataAvg. LevelDetectedRange of DetectionsMCLPHG(MCLG)Typical Source of ContaminantSodium (ppm)5/12/202126.5617–58nonenoneGenerally found in ground and surface waterHardness (ppm)5/12/2021234174– 271nonenoneGenerally found in ground and surface waterTABLE 4 - DETECTION OF CONTAMINANTS WITH A PRIMARY DRINKING WATER STANDARDChemical or Constituent(and reporting units)SampleDataAvg.LevelDetectedRange ofDetectionMCLPHG(MCLG)Typical Source of ContaminantFluoride (ppm)20210.09ND–0.1221(NA)Erosion of natural deposits; water additive which pro-motes strong teeth; discharge from fertilizer and aluminum factoriesNitrate (N) (ppm)Quarterly202152.3–8.91010(NA)Runoff and leaching from fertilizer use; leaching from septic tanks, sewage; erosion of natural depositsTetrachloroethylene [PCE] (ppb)Monthly20210.011ND–2.150.06(NA)Leaching from PVC pipes; discharge from factories, dry cleaners and auto shops (metal degreaser)Total trihalomethanes[TTHMs] (ppb)Quarterly20214.68ND–10.380NA(NA)By-product of drinking water chlorinationTotal Haloacetic Acids(HAA5) (ppb)Quarterly20211.05ND–2.960NA(NA)By-product of drinking water chlorinationTABLE 5 - DETECTION OF CONTAMINANTS WITH A SECONDARY DRINKING WATER STANDARDChemical or Constituent(and reporting units)SampleDataAvg. LevelDetectedRange ofDetectionsMCLPHG(MCLG)Typical Source of ContaminantChloride (ppm)5/12/202130.3322–48500NA(NA)Runoff/leaching from natural deposits; seawater influenceSpecific Conductance(micromhos/cm)5/12/2021555.56490–6101600NA(NA)Substances that form ions when in water; seawater influenceSulfate (ppm)5/12/202137.5632–44500NA(NA)Runoff/leaching from natural deposits, industrial wastesTotal dissolved solids [TDS] (ppm)5/12/2021349290–4001000NA(NA)Runoff/leaching from natural depositsPresented By The City of Gilroy
Water Department
California drinking water regulations require that water delivered by public water systems be, at all times, pure, wholesome and potable, as required by the Federal and State Safe Drinking Water Acts. To accomplish this mandate, domestic water must meet strict standards, as established in the California Domestic Water Quality and Monitoring Regulations. This regulation includes primary and secondary Maximum Contaminant Levels (MCL) and monitoring frequencies for specified microbiological, chemical and radionuclide contaminants. Primary contaminants are those that may have an adverse health effect. Secondary contaminants are those that may adversely affect the aesthetic quality of the drinking water. The regulation includes the provisions adopted by the federal Safe Drinking Water Act of 1974. The state has direct enforcement responsibility for all public water systems with 200 or more service connections.

The Environmental Protection Agency (EPA) establishes monitoring requirements and maximum contaminant levels. As the EPA develops new standards, California will amend state regulations, which establish water quality requirements for local water supplies.

The domestic water supplied by the City of Gilroy meets all current regulations. This report includes the respective Public Health Goal (PHG), or the federal Maximum Contaminant Level Goal (MCLG) for chemicals that do not yet have a PHG.

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Gilroy is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take
to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/regulatory-information- topic/regulatory-information-topic-cross-cutting-issues#lead TABLE 6 - DETECTION OF UNREGULATED CONTAMINANTSChemical or ConstituentSample DateLevel DetectedAction LevelHealth Effects LanguageVanadium (ppb)7/8/03Avg. 1.19(ND–5.0)50The babies of some pregnant women who drink water containing vanadium in excess of the action level may have an increased risk of developmental effects, based on studies in laboratory animals*Any violation of an MCL or AL is asterisked. Additional information regarding the violation is provided below.Annual Water Quality Report
2021

10.1.a
Packet Pg. 143 Attachment: 2021 Consumer Confidence Report Brochure (3857 : Acceptance of the Public Health Goal Report

City of Gilroy
Annual Water Quality Report PWSID#4310004
The report contains important information about your drinking water. Translate it or speak with someone who understands it.

Este informe contiene información muy importante sobre su agua beber. Tradúzcalo ó hable con alguien que lo entienda bien.

The City of Gilroy tests it’s water for many constituents as required by State and Federal Regulations. This report shows the results of our monitoring for the period of January 1–December 31, 2021.

The City of Gilroy is committed to providing a safe and reliable supply of excellent quality drinking water that meets Federal and State regulations.

This brochure is a snapshot of the quality of water that we provided in 2021. Included are the details about the source of the City’s water, what it contains, and how it compares to State standards. We are committed to providing you with information because informed customers are the best allies. The City encourages public interest and participation in decisions affecting the community’s drinking water supply. Our City Council generally meets at 6:00 P.M. on the first and third Monday of each month at City Hall. The Santa Clara Valley Water District Board (SCVWD) of Directors meetings are on the first and third Tuesday of each month at 9:30 a.m. (and the fifth Tuesday at 7:30 p.m. when applicable).

The City of Gilroy will take any steps necessary to ensure that your water continues to meet safe drinking water standards.

The State Water Resources Control Board (SWRCB), Drinking Water Field Operations Branch, requires water agencies to annually notify their customers of the constituents or elements in their drinking water. This is not the result of punitive action, nor is it indicative of any violation of treatment practices. It is strictly a mandated public information service legislated to keep you informed each year of the facts about your drinking water.

Water System
The City of Gilroy obtains its municipal water supply from ground- water well sources within the Llagas Basin Aquifer. The City currently operates nine water wells that vary in depth that are located throughout the City. In 2021, these wells supplied 58,213 residents with water for personal and industrial use. Gilroy treats our water with chlorine disinfection to remove or reduce harmful contaminants that may come from the source water. The City has performed a Source Water Assessment of our water which identifies possible impacts to water quality. Our source water is considered most vulnerable to the following activities: gas stations, dry cleaners, and metal plating/ finishing/fabricating. A copy of the Source Water Assessment is available by contacting Engineering at (408) 846-0450. If you have any questions regarding this report or the water system, please contact Jeff Castro at (408) 846-0270.

As the Environmental Protection
Agency (EPA) develops new
standards, California will amend
state regulations that establish
water quality requirements for local
water supplies. The domestic water
supplied by the City of Gilroy meets
all current regulations.

This report includes the respective
public health goal (PHG), or the
federal maximum contaminant level
goal (MCLG) for chemicals that do
not yet have a PHG.

System Improvements
To meet the growing needs of our customers, the City of Gilroy is continually evaluating, maintaining and improving our water system.

The City has installed variable frequency drive (VFD’s) on three of our wells in an effort to reduce energy costs and maintain system pressure during high demand. The City is also in the preliminary stage of a new well at McCarthy Ranch on the south side of the City.

The State Water Resources Control Board (SWRCB) required all cities in California to do an inventory of service lines containing lead, or lead containing materials, in their water system. In June of 2018 the city completed the inventory and identified 450 steel services out of 15,167 services with materials containing small amounts of lead in our distribution system. The city has begun systematically removing and replacing these services as required, in fact the City has already reduced the inventory of its steel services to 263 as of April 2022.

The City submitted a timeline to SWRCB in 2020 regarding the plan for removal of all of the remaining steel services, the timeline was accepted by the state and all services will be reduced by July 2028.

It is important to note that the groundwater that makes up 100% of Gilroy’s supply does not have the corrosive properties found in other parts of the country that has resulted in elevated amounts of lead in the water. Gilroy participates in the mandatory tri-annual testing and reporting on lead and copper in our water. The levels observed in that specialized testing are extremely low. In fact, the levels are so low that SWRCB has allowed the City to reduce the frequency of testing from annually to tri-annually.

Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Act Hotline (1-800-426-4791).

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek the advice about drinking water from their health care providers.

USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).

Water Conservation
State agencies, led by the State Water Resources Control Board, has executed a statewide water conservation campaign to make all Californians aware and encourage personal actions to reduce water usage. More information is available about water
conservation and actions at the following website: cityofgilroy.org/ waterconservation
Water conservation measures not only save our water supply, but can also cut the cost of water. Conserving water reduces the energy costs of pumping water to our facilities as well as the chemical costs for treating the water. There are several measures you, as the water consumer, can do to conserve on water usage.

Conservation measures you can use inside your home include:

1. Fix leaky faucets, pipes, toilets, etc.

2. Install water-saving devices in faucets, toilets and appliances.

Simply replacing old fixtures with a new one will reduce water consumption by nearly one-half. (See Santa Clara Valley Water District web site for rebates available for water saving devices at http://www.valleywater.org/rebates

3. Wash only full loads of laundry.

4. Don’t use the toilet for trash disposal.

5. Take shorter showers. Do not let the water run while shaving, washing, brushing teeth, or cleaning fruits and vegetables.

6. Run the dishwasher only when full.

7. Purchase an energy efficient washing machine and dishwasher and receive a rebate.

You can conserve outdoors as well:

1. Water the lawn and garden as little as possible. Outdoor watering is more efficient between 7p.m. and 3a.m., and also reduces demand during peak use periods. From November-March water 1 day a week or less. From April-October watering 2 days per week.

2. Use mulch around plants and shrubs or choose plants that don’t need much water. Get a rebate for replacing your lawn at www.valleywater.org/landscaperebateprogram

3. Repair leaks in faucets and hoses. Use water-saving nozzles.

4. Wash your car at a commercial car wash that recirculates its water.

5. Sweep clippings, leaves, and dirt from walks and driveways rather than using the hose.

6. Obey any and all water use restrictions and regulations.

Consult the City of Gilroy website at www.cityofgilroy.org/ waterconservation for the latest water conservation regulations.

Contaminants
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.

As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, picks up chemicals and substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water
before we treat it include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife.
• Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming.
• Pesticides and herbicides, which may come from a variety of sources such as agricultural, urban storm water runoff, and residential uses.
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals that are byproducts of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, agricultural application and septic systems. • Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.

In order to ensure that tap water is safe to drink, the US Environmental Protection Agency (USEPA) and the SWRCB prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. Department regulations also establish limits for contaminants in bottled water that must provide the same protection for public health.

Nitrate in drinking water at levels above 10 mg/L is a health risk for infants less than six months of age. Such nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women, and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider.

Definitions
Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

Maximum Contaminant Level Goal (MCLG): The level of a
contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.

Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health.

PHGs are set by the California Environmental Protection Agency.

Maximum Residual Disinfectant Level (MRDL): The level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap.

Maximum Residual Disinfectant Level Goal (MRDLG): The level of a disinfectant added for water treatment below which there is no known or expected risk to health. MRDLGs are set by the U.S. Environmental Protection Agency.

Primary Drinking Water Standards: MCLs and MRDLs for
contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.

NA: not applicable
ND: not detectable at testing limit
ppm: parts per million or milligrams per liter (mg/L)
ppb: parts per billion or micrograms per liter (ug/L)
ppt: parts per trillion or nanograms per liter (ng/L)
pCi/L: picocuries per liter (a measure of radiation)
Regulatory Action Levels (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

10.1.a
Packet Pg. 144 Attachment: 2021 Consumer Confidence Report Brochure (3857 : Acceptance of the Public Health Goal Report

10.1.b
Packet Pg. 145 Attachment: City of Gilroy Monitoring Results - July 25, 2019 (3857 : Acceptance of the Public Health Goal Report for Gilroy Drinking Water

City of Gilroy

STAFF REPORT
Agenda Item Title: Council Adopt a Resolution of the City Council of the City of Gilroy Calling and Giving Notice of, on Its Own Motion, the Submission to the Electors of the City of Gilroy at a Special Municipal Election, to be Consolidated with the Statewide General Election on November 8, 2022, a Ballot Measure
Proposal to Amend Sections 1109 and 1111 of the City of Gilroy City Charter to Modify Construction Contract
Procurement and the Bidding Process
Meeting Date: June 20, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

11.1 Packet Pg. 146

City Council of the City of Gilroy calling and giving notice of, on its own motion, the submission to the electors of the City of Gilroy at a special municipal election, to be consolidated with the statewide general election on November 8, 2022, a ballot measure proposal to amend sections 1109 and 1111 of the City of Gilroy City Charter to modify construction contract procurement and the bidding process;
c) Council discussion and consideration of whether to permit rebuttal arguments and authorize the City Council or any member or members of the City Council to submit a rebuttal argument in favor of the City measure in the November 8, 2022 Voter’s Sample Ballot, pursuant to Elections Code Section 9285, to be incorporated in the resolution calling the election;
d) Council discussion and consideration of whether to authorize the City Council or any member or members of the City Council to submit an argument in favor of the City measure on the November 8, 20 22 Voter's Sample Ballot, pursuant to Elections Code Section 9282, to be incorporated in the resolution calling the election; and
e) Council discussion and consideration of whether to direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis, pursuant to Elections Code Section 9280.

EXECUTIVE SUMMARY
City staff is proposing to Council a resolution to call for a special municipal election to amend the Gilroy City Charter relating to public works project bidding and notification provisions. These changes include the following:
1) Increasing the formal bidding threshold for public projects from $35,000 to be consistent with the California Public Contract Code.
2) Adding best value contracting as a procurement option. 3) Adding design-build contracting as a procurement option. 4) Modernizing the public noticing/bid solicitation rules in the Charter.

If approved, staff will submit the special municipal election resolution and ballot language for inclusion in, and consolidation with, the November 8, 2022 general election.

POLICY DISCUSSION
Should an amendment to the City of Gilroy’s (“City”) City Charter (“Charter”) be p laced on the November 8, 2022 general election ballot to consider amending the provisions related to the bid process for public project contracts and official advertisements in newspapers?

11.1 Packet Pg. 147

BACKGROUND
The City of Gilroy is a Charter City. In 1960 the community voted to adopt a Charter, which creates independent authorities and regulations on top of State law, instead of being a general law city which follows only the authorities and restrictions put into place by the State legislature.

The Charter grants authorities and imposes regulations across many areas of the City’s operations, encapsulated through 15 different articles in the Charter. One of these articles, Article 11 entitled “Fiscal Administration”, includes the bidding process for public projects in Section 1109, and official advertising in Section 1111.

The Charter was adopted in 1960. Section 1109 had a n amendment adopted on November 4, 1997. However, Section 1111 has not been updated since the original Charter adoption in 1960. During this time however, many technological enhancements have been made, procurement processes have been developed that are now best practices throughout the state and nation, and the costs of projects have increased greatly.

ANALYSIS
In brief, the changes being proposed are:
1) Increasing the formal bidding threshold for public projects from $35,000 to be consistent with the California Public Contract Code.
2) Adding best value contracting as a procurement option. 3) Adding design-build contracting as a procurement option. 4) Modernizing the public noticing/bid solicitation rules in the Charter.

Attached to this staff report is the proposed resolution, which has the proposed Charter amendment language as its Exhibit A.

The staff proposed ballot measure changes are discussed below. The following proposed changes relate to what is called Public Works Contracts by the Public Contract Code, but in the Charter has the specific term “public projects” for Section 1109, which means “…the construction or improvement of public buildings, works, drains, sewers, utilities, parks and streets (exclusive of projects for maintenance and repair of streets).”
Increasing the formal bidding threshold for public projects from $35,000 to be consistent with the California Public Contract Code
This section was amended from the 1960 charter to establish the cap before projects must be administered through formal bid at $35,000. The Charter originally referenced a section of the Government Code that at the time established a lower amount for public projects. That Government Code section no longer exists.

11.1 Packet Pg. 148

As time has passed and costs for capital projects have continued to increase significantly from year-to-year, the $35,000 cap for formal bidding is no longer appropriate. The California Public Contract Code allows cities to informally bid public projects that cost up to $200,000, with anything more than $200,000 requiring formal bidding procedures. The Charter amendment is intended to attain consistency with that allowed threshold for informal bidding.

The formal bidding process for public projects requires significant documentation and staff involvement across departments, including but not limited to: Public Works, Finance, City Attorney, Communications and Engagement, and others depending upon the specific nature of the public project being bid.

Procuring public works contracts for projects costing less than the threshold required for formal bidding can be accomplished by a streamlined informal bidding process, similar to other goods and services. Informal processes do not require the additional procedural steps of procurement involved in the formal bidding process, and can be modified by adopted policy of Council. For public projects under the "formal bidding" threshold, the City Code and adopted policies govern the procurement, so while the process does allow for informal bids, there are still appropriate checks and balances in place to ensure that competitive bids are received and that contractors follow important City policies.

Projects that cost $35,000 or less 25 years ago (such as replacing playground equipment in a neighborhood park, rehabilitating a small sanitary sewer, or building a small section of sidewalk) now cost significantly more to build. Increasing the procurement threshold in the City Charter would allow for increased efficiency, cost savings, and local/small business participation in the City’s public projects. The increased local/small business participation would be possible given the simpler requirements for contractors to bid on smaller cost public works projects. By using the Public Contract Code, the amount for informal bidding will be reviewed and potentially adjusted every five years to account for cost increases.

It is not the City's intent to use this increase to break larger projects up into smaller projects for the sole reason of getting them under this threshold as this would negate the time and cost savings achieved by using a more expedited bidding process and would also be prohibited under the City Charter. Additionally, City staff is prohibited from breaking larger projects into smaller ones to avoid the formal bidding process under the current purchasing policy.

Adding Best Value Contracting (BVC) as a procurement option The current formal bidding process involves selecting a public project contractor based exclusively on the lowest price. Unlike that process, BVC involves selecting a contractor on the basis of objective criteria to determine the best combination of price and qualifications. Allowing this as a procurement option for major public works contracts on complicated projects would provide staff with a valuable "tool in the toolbox."

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The BVC procurement process is similar to the City's traditional formal bidding process for major public works contracts. Bids are solicited in substantially the same manner, and contractors submit to the City sealed bids with a price proposal - just as they do under the current process.

The difference is that bidders also submit experience and qualifications information to the City. The experience and qualifications information is evaluated by a panel, and the panel gives each bidder a "qualifications score" based on objective criteria. Importantly, the pricing information remains sealed until the panel completes its evaluation and scoring of the bidders. This ensures the panel's evaluations are not influenced by the pricing information.

Ultimately, the BVC procurement process involves the application of a formula in which the pricing information and qualifications score are used to select the cont ractor that will provide the best combination of price and qualifications.

On projects such as street repaving where the conditions are well known and there are several qualified contractors competing for work, the BVC process likely would not be necessary. However, on projects such as rehabilitating the storm water conveyance system (where contractors frequently must adapt in the field to new unknown conditions), having a selection process that looks at contractor experience, performance, and compliance would help ensure the overall performance of the project.

While this procurement process does take more time at the front -end than the traditional "low bid" process, when used appropriately, it is intended to save time on a project as it would increase the likelihood that on complicated projects the contractor most equipped to deliver the project is selected.

Adding Design-Build contracting as a procurement option The current standard bidding process requires separate contracts for different elements of the project. In the development of a public project, the City would have to contract with a designer to design engineered drawings and plans of a project. Once the design is complete, the City then has to competitively bid for a contractor to conduct the construction. The additional bid time can add three to six months, possibly more, to the timeframe to complete construction. Additionally, as the project is constructed, there can be conflicts between the designer and the contractor regarding construction and de sign, which can lead to administrative and operational challenges in completing the project, which can drive up costs and delay the project.

Design-Build is a form of contracting where the City would only have to bid a project with a contractor, which would form a team including a designer, and manage all subcontractors for design and construction. This potentially can save money and significant time on a project. A Design-Build contract may not be useful in all projects but having the option for the right projects can be essential to delivering a timely and cost-efficient project. The proposed amendment language would allow for Design-Build

11.1 Packet Pg. 150

contracting for public projects that cost $1 million or more and follow the California Public Contract Code for Design-Build competitive bidding.

Modernizing the public noticing/bid solicitation rules in the Charter Since 1960, major technological advances have shaped the manner in which governments and private enterprises conduct their business, including processes that are more transparent, efficient, and allow for larger broadcasting of bid opportunity advertisements. This includes the use of the internet, web portals, and electronic mail and distribution systems, none of which were available in 1960 when this Charter section was created.

The Charter's public projects contract procurement requirements include other provisions that need to be updated and modernized. One such provision is the requirement that bids be published in a "newspaper of general circulation in the City." Given the advent of technology to notify bidders, removing the requirement to advertise in a newspaper would create efficiencies in the process and allow additional time to be spent on more successful avenues to generate bid interest, as well as sav ing money currently spent on such advertisements.

The proposed language does not remove a newspaper of general circulation from being used but removes its use as a requirement for every formal bid. The language revision in Section 1109 adds electronic publication, publication in a trade journal, and use of a list of qualified contractors as additional options that may be used in -lieu of, or in addition to, a newspaper of general circulation.

Further, Section 1111 removes the daily requirement of a newspape r of general circulation, since no newspapers serving Gilroy publish every day of the week. It also removes the specific procurement process and replaces it with a reference to the City’s purchasing policy, which contains Council-approved provisions for procurement of services, and has greater responsiveness to updates with best practices, rather than a Charter amendment. As part of this change, the proposed ballot measure also amends Section 1503(h), the definition of “Newspaper of general circulation with in the City”, to be consistent with the changes made in Section 1111, but in the general provisions section of the Charter. The change modifies the definition to maintain the definition held by the California Government Code.

DISCUSSION OF RECOMMENDATIONS
Should Council determine to proceed with the proposed ballot measure, there are a few decisions that Council will need to make that would be incorporated into the resolution, and are so identified in the attached draft resolution. These include:

1. Preparation of an impartial analysis
As part of the California Elections Code, Section 9280, the City Council may direct the City Clerk to transmit a copy of the measure to the City Attorney for the

11.1 Packet Pg. 151

purposes of preparing an impartial analysis. If directed, this impa rtial analysis would be included in the Voters Sample Ballot that is sent to registered voters in the general election. The impartial analysis of the measure would discuss the effect of the measure on the existing law and the operation of the measure. Any such impartial analysis must include a statement indicating that the measure was placed on the ballot by the governing body of the City since it would be initiated by the City.

2. Argument in favor of the ballot measure
As part of the California Elections Code, Section 9282, the City Council may authorize any member(s) of the City Council to submit an argument in favor of the City’s ballot measure for inclusion in the Voters Sample Ballot. The argument would be capped at 300 words in length.

3. Rebuttal arguments
As part of the California Elections Code, Section 9285, the City Council may authorize the City Council or any member(s) of the City Council to submit a rebuttal argument in favor of the City measure for inclusion in the Voters Sample Ballot. Any arguments filed against the measure would be transmitted to the City, and the authorized Council or member(s) of Council for rebutting the argument shall have up to 250 words in rebuttal that would be published.

ALTERNATIVES
Council may amend or reject the resolution calling for the municipal election and the proposed ballot language. This is not recommended.

FISCAL IMPACT/FUNDING SOURCE
For the November 2022 ballot, the costs of the election are partially defrayed from the existing ballots for the general election at the same time. The cost for adding this ballot measure to the November ballot is estimated to be $30,000. If the special municipal election is not consolidated, the cost would be greater. The final amount will be known once the ballots are produced, and the specific number of registered voters for this upcoming election in Gilroy are known. The funding would come from the City’s General Fund. If approved, a budget amendment to authorize the costs will be included in the upcoming mid-cycle budget adjustments packet.

CONCLUSION
The Charter’s sections relating to public works projects is outdated. Current best practices, technological advances, and construction costs necessitate updating the Charter to deliver infrastructure assets to the community in a t imely, cost-effective, transparent and efficient procurement process. These changes are not unique to the City, and are practices currently performed by other cities in California.

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NEXT STEPS
If the City Council approves this item, staff will place the approved language on the November 8, 2022 general election ballot. Additional steps, including the City Attorney’s impartial analysis and the City’s arguments for the ballot measure, would then be undertaken shortly after Council approval of any ballot measure.

PUBLIC OUTREACH
No public outreach has been conducted for this item aside from the publicly posted agenda. There are limitations on what the City can do as it relates to public outreach for the ballot measure, if approved. The results of this Council meeting will be shared in the City’s e-newsletter. Any other public outreach regarding the potential ballot measure will be conducted in accordance with legal requirements and restrictions going forward, if approved.

Attachments:

1. DRAFT Resolution - Charter Amendment (2022)

2. DRAFT Resolution - Charter Amendment (2022) - Exhibit A

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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY CALLING AND GIVING NOTICE OF, ON ITS

OWN MOTION, THE SUBMISSION TO THE ELECTORS

OF THE CITY OF GILROY AT A SPECIAL MUNICIPAL

ELECTION, TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION ON NOVEMBER 8,
2022, A BALLOT MEASURE PROPOSAL TO AMEND
SECTIONS 1109 AND 1111 OF THE CITY OF GILROY CITY

CHARTER TO MODIFY CONSTRUCTION CONTRACT

PROCUREMENT AND THE BIDDING PROCESS

WHEREAS, a General election on Tuesday, November 8, 2022, has been called by Resolution No. 2022-25, adopted on Monday, May 16, 2022, and

WHEREAS, pursuant to authority provided by the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at Section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the State of California, the City Council of the City of Gilroy desires to submit to the voters a proposed charter amendment relating to construction contract procurement and the bidding process, and to place the measure on the ballot for the next General Election on November 8, 2022; and

WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that:

Section 1. A Special Municipal Election is hereby called and ordered to be held in the City of Gilroy on November 8, 2022 to vote on a ballot measure to amend Sections 1109 and 1111 of Article XI of the Gilroy City Charter to modify construction contract procurement and the bidding process, which shall be deemed ratified, pursuant to Government Code Section 34459, if a majority of the electors voting on the measure vote to approve the measure. The full text of the proposed City Charter amendment is attached as Exhibit A and incorporated by reference in this Resolution.

Section 2. The ballot measure will be placed on the ballot for the November 8, 2022 election which shall be substantially in the following form:

MEASURE_______

Construction Contract Procurement and Public Noticing Modernization

Shall the City of Gilroy Charter be amended to:
• Modify the bidding threshold from $35,000 to the
amount authorized by California Public Contract Code
Section 22032;
• Establish authority to procure for Design-Build and
Best Value contracts;
• Allow modernization of public noticing?
YES
NO

11.1.a
Packet Pg. 154 Attachment: DRAFT Resolution - Charter Amendment (2022) (3821 : Charter Amendment 2022)

Resolution No. 2022-XX
Charter Amendment
City Council Regular Meeting | June 20, 2022

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Gilroy City CouncilJune 20, 2022

Gilroy City Council
June 20, 2022