November 17, 2022 3:15 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, NOVEMBER 21, 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 and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU .
In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
City Council Regular Meeting Agenda
11/21/2022 Page2 A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204
If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].
Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].
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. Retirement Proclamation for Visit Gilroy Executive Director/CEO Jane Howard
2.1.2. Proclamation - Small Business Saturday
City Council Regular Meeting Agenda
11/21/2022 Page3 3. PRESENTATIONS TO THE COUNCIL
3.1 Annual Planning Commission Presentation
3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT
ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda.
Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be e- mailed to the City Clerk’s Office at [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 1:00pm 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.
4. 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, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Age ncy Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regio nal Wastewater Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South Cou nty 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),
City Council Regular Meeting Agenda
11/21/2022 Page4 South County Joint Recycled Water Advisory Commit tee, 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 Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group
5. COUNCIL CORRESPONDENCE
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. 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 th e 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.
7.1. Action Minutes of the City Council - Regular Meeting - Nov 7, 2022 6:00 PM
7.2. Adopt a Resolution of the City Council of the City of Gilroy Authorizing the City Administrator to Execute a Non-Disclosure Agreement with W-Trans and Strategic Economics, Inc. and Release Confidential Sales Tax Data for Development of the Downtown Parking Management Plan
8. BIDS AND PROPOSALS
8.1. Award a Contract to Moore Iacofanco Goltsman, Inc. for Justice, Equity, Diversity, and Inclusion Consultation Services in th e Amount of $114,905.
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity and inclusion consultation services in the amount of $114,905.
City Council Regular Meeting Agenda
11/21/2022 Page5 9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of Gilroy Adopting a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services and a Finding that Its Action in Adopting the Ordinance is Exempt From Review Under the Califo rnia Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance Will Continue an Existing State-Mandated Program for the Protection of Public Health and the Environment, and None of the Circumstances in CEQA Guidelines Section 15300.2 Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive any future reading. b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy approving a franchise agreement with Recology South Valley for solid waste hauling services.
9.2. Introduction of An Ordinance of the City Cou ncil of the City of Gilroy Adopting a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services and a Finding that Its Action in Adopting the Ordinance is Exempt From Review Under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance Will Continue an Existing State-Mandated Program for the Protection of Public Health and the Environme nt, and None of the Circumstances in CEQA Guidelines Section 15300.2 Apply.
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading.
b) Introduce an Ordinance of the City Council of the City of Gilroy Approving a Franchise Agreement with Recology South Valley for Solid Waste Hauling Services.
City Council Regular Meeting Agenda
11/21/2022 Page6 9.3. Proposed Rezoning, Tentative Map and Architectural and Site Review to Develop 3.37 Acres with a 45 Unit Townhouse Project (Royal Way Townhomes).
1. Disclosure of Ex-Parte Communications
2. Staff Report: Kraig Tambornini, Senior Planner
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading; and Introduce an Ordinance of the City Council approving adoption of a Planned Unit Development Overlay Zoning Amendment for property at Royal Way (file number Z 21-05); and
b) Adopt a resolution approving a Tentative Map for a 45-unit townhome development (file number TM 21-04); and
c) Adopt a resolution approving an Architectural and Site Review Permit to allow construction of a 45-unit townhome project on the property following approval of the associated PUD zoning amendment and tentative map.
9.4. Adopt an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2021 International Property Maintenance Code, and 2021 International Swimming Pool and Spa Cod e, with amendments.
City Council Regular Meeting Agenda
11/21/2022 Page7 9.5. Adopt an Ordinance Adopting by Reference the 2022 California Green Building Standards Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 6.6 and
6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments.
9.6. Adopt an Ordinance Adopting by Reference the 2022 California Fire Code with Amendments
1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Waive the second reading and adopt an Ordinance amending Sections 10.9 and
10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2022 California Fire Code with amendments.
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Agricultural Zoning Districts and Establishment of Agricultural, Resource, and Open Spaces Uses Including Beekeeping
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council direction not to proceed with pursuing policies permitti ng agriculture operations, including beekeeping, outside of agriculture districts.
City Council Regular Meeting Agenda
11/21/2022 Page8 12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
FUTURE MEETING DATES
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
12* Special Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m. -CANCELLED-
JANUARY 2023
9* Regular Meeting - 6:00 p.m.
23* Regular Meeting - 6:00 p.m.
Strategic Planning Workshop - Date and Time To Be Determined
FEBRUARY 2023
6* Regular Meeting - 6:00 p.m.
27* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed
PROCLAMATION
City of Gilroy, California
WHEREAS, Jane Howard has well served the Gilroy community for over seventeen years as the CEO/Executive Director of
Visit Gilroy; and
WHEREAS, Jane has made significant contributions to Gilroy in the areas of tourism, economic development, and
philanthropy, all of which has improved the quality of
life for the Gilroy Community; and
WHEREAS, Jane is retiring from the position of Visit Gilroy CEO/Executive Director with the sincere gratitude and
appreciation of the Gilroy City Council for her years of dedicated service to our fine City; and
WHEREAS, Jane has left a legacy of community service,
professionalism, dedication, and a spirit of
collaboration.
NOW, THEREFORE, I, Marie Blankley, Mayor of the City of Gilroy, and on behalf of the entire City Council and all of the citizens and employees of Gilroy, join in thanking
JANE HOWARD
For her commitment to her community and wish her well in retirement for years to come.
Attested to by:
Marie Blankley Thai Nam Pham
MAYOR City Clerk
2.1.1 Packet Pg. 9 Communication: Retirement Proclamation for Visit Gilroy Executive Director/CEO Jane Howard (Proclamations, Awards, and Presentations)
2.1.2 Packet Pg. 10 Communication: Proclamation - Small Business Saturday (Proclamations, Awards, and Presentations)
3.3 Packet Pg. 11 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 12 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 13 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 14 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 15 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 16 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 17 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 18 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 19 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 20 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 21 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 22 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 23 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 24 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 25 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 26 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 27 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 28 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 29 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
3.3 Packet Pg. 30 Communication: Public Correspondence - Joseph P Thompson (PRESENTATIONS TO THE COUNCIL)
City Council Regular Meeting Minutes
11/7/2022
City of Gilroy
City Council Regular Meeting Minutes
November 7, 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 Marques led the Pledge of Allegiance.
2.Invocation
Rabbi Faith Joy Dantowitz 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 Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
Public Works Director Jordan introduced the following new employees:
Marco Martinez, Engineer I
Rigoberto Chavez, Maintenance Worker I
Christian Martinez, Maintenance Worker I
Daniel Contreras, Maintenance Worker I
Police Chief Espinoza introduced the following new employees.
Leonor Velasquez, Police Officer
Nico DeVillires, Police Officer
Matthew Lopez, Community Service Officer
2.CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Proclamation - United Against Hate Week
Mayor Blankley read aloud the Proclamation.
2.1.2. Proclamation - Arbor Day
7.1 Packet Pg. 31 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
Mayor Blankley read aloud the Proclamation and presented it to Parks and Recreation Chair Graham.
2.1.3. Proclamation - Lung Cancer Awareness Month
Mayor Blankley briefly mentioned the Proclamation.
2.1.4. Retirement Proclamation - Bill Headley
Mayor Blankley briefly mentioned the Proclamation.
2.1.5. Annual Library Commission Presentation
Library Commission Chair Victoria Converson-Baxter presented the annual presentation to Council.
2.1.6. Annual Open Government Commission Presentation
Open Government Commission Chair Diana Bentz presented the annual presentation to Council.
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
Mayor Blankley opened Public Comment.
The following individuals spoke on items that were not on the agenda:
The following individuals from Citizens for Ethics and Accountability spoke on three ethical concerns Council Member Tovar and requested Council to investigate the legality of residency:
Karl T.
Jan C.
Cindy K.
Grace T.
Bob B.
Alan Harunaga spoke on crime in his neighborhood at Uvas Creek and presented questions for Council to address with regard to police patrol.
Nicole Craig echoed Mr. Harunaga’s concerns about the homelessness issue in the Uvas Creek neighborhood.
Bill O’Connor asked the Mayor to follow the Council norms when it comes to Public Comments.
Crescencia Sanchez from Bill Wilson Center reminded Council that November is National Homeless Youth Awareness Month and promoted the resources the center has to offer to the community.
Marty Estrada requested Council to build a Youth Center within Gilroy.
Cheryl Parks discussed an incident of her child finding a loaded pistol on the sidewalk and a crime incident that same evening.
There being no further speakers, Mayor Blankley closed Public Comment.
7.1 Packet Pg. 32 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
4.REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendariz recognized November as National Native American Heritage Month and recognized the coming of Cesar Chavez Day as a holiday for the City.
Council Member Marques reminded the public about the Holiday Parade on December 3, 2022 and reported on Gourmet Alley Ad Hoc Committee.
Council Member Hilton reported on Visit Gilroy California Welcome Center Board and Silicon Clean Energy Authority JPA Board, and the Gilroy Sister Sisters Cities Association Dinner that was held on November 1, 2022.
Council Member Tovar reported on Gourmet Alley Ad Hoc Committee.
Council Member Leroe-Muñoz reported on Santa Clara Valley Water District, Veteran's Day parade on November 11, 2022, and asked the public to vote.
Mayor Blankley reported on the visit to Gilroy by the Mayor and Vice Mayor of Sister City Angra do Heroismo and thanked the Sister Cities Association for maintaining our Sister City relationships. Mayor Blankley and Morgan Hill Mayor Constantine, VTA Board representatives for South County, attended the CalTrain Board meeting to push for a fourth train to South County. She also reminded the public to visit the Smithsonian Traveling Exhibition at the Gilroy Library.
5.COUNCIL CORRESPONDENCE
5.1. Council-Initiated Request for an Inventory of Youth Program and Facilities
Assistant City Administrator McPhillips responded to Council Member questions.
Mayor Blankley opened Public Comment:
Raymundo Armendariz complimented the Recreation staff for providing the inventory list and stated the need for a Youth Center.
Gabriela Mendoza requested for a Youth Center to be built within the City.
Jacqueline Castillo requested for a Youth Center to be built within the City.
Xavier Garcia discussed the unaffordability of the current facilities.
Bella Santos suggested a location of a Youth Center should one be built.
Marty Estrada inquired who operates the parks and recreation facilities if the City removed funding away from Recreation.
Sally Armendariz requested for a Youth Center to be built within the City.
There being no further speakers, Mayor Blankley closed Public Comment.
6.FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.
7.CONSENT CALENDAR (ROLL CALL VOTE)
Council Member Tovar requested to pull Consent Calendar Item No. 7.4.
Mayor Blankley opened public comment.
7.1 Packet Pg. 33 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
There being no speakers, Mayor Blankley closed public comment.
RESULT: APPROVE ITEMS 7.1, 7.2, 7.3, 7.5, and 7.6 [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
7.1. City Council - Regular Meeting - Oct 17, 2022 6:00 PM A motion was made to accept the minutes.
7.2. City Council - Special Meeting - Study Session - Oct 24, 2022 6:00 PM A motion was made to accept the minutes.
7.3. Approve Amendments to the 2023 City Council Meeting Schedule A motion was made to adopt the amended 2023 City Council meetings.
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an Observed Holiday
The item was pulled out of Consent Calendar by Council Member Tovar.
7.5. Authorize the City Administrator, or Designee, to Execute an Easement Deed to PG&E for a Relocated Joint Guy Stub Pole and Anchor within APN 799-08-051 for the Downtown Gourmet Parking Lot
A motion was made to adopt a Resolution and Authorize the City Administrator to execute the easement deed.
Enactment No.: Resolution No. 2022-83
7.6. First Amendment to the Agreement for Services with Luhdorff & Scalmanini Consulting Engineers (LSCE) to Extend Design and Construction Engineering Services through June 30, 2024 and Increase Existing Agreement by $99,502 for a Total Contract Amount of $719,502 A motion was made to approve an amendment with Luhdorff & Scalmanini Consulting Engineers (LSCE).
7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an Observed Holiday
Council Member Tovar provided a brief speech on the impact of Cesar Chavez.
Mayor Blankley opened Public Comment.
Diane Ortiz, CEO of Youth Alliance, thanked the City Council for acknowledging the holiday.
Sally Armendariz thanked Council for acknowledging the holiday.
Andres Chavez, Director of the National Chavez Center, thanked Council for acknowledging the holiday.
Alicia Hernandez, president of the National Hispanic Organization of Real Estate Associates, stated that she was honored and excited to hear about for Cesar Chavez Day to be a City recognized holiday.
There being no further speakers, Mayor Blankley closed Public Comment.
7.1 Packet Pg. 34 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Enactment No.: Resolution No. 2022-82
8.BIDS AND PROPOSALS
There were none.
9.PUBLIC HEARINGS
9.1. Approve Proposed Tentative Map to Divide 778 First Street Into Two Parcels Mayor Blankley asked Council Members if they received any ex-parte communications. Mayor Blankley reported one ex-parte communication with a nearby resident.
Community Development Director Goei provided staff presentation. She and Senior Planner Tamborinini responded to Council Member questions.
Mayor Blankley opened the Public Hearing at 7:38 PM.
James Polo spoke about the potential issue of whom to contact about the gate that is on the parcel if the land is split.
Amanda Musy-Verdel, representing Hanna & Brunetti, provided clarification on the APN number.
Philip Rodriguez, a resident at Oak Commons, requested Council to hold off on voting on the resolution.
There being no further speakers, Mayor Blankley closed Public Hearing at 7:52 PM.
Possible Action:
Adopt a Resolution approving a Tentative Map to subdivide the property located at 778 First Street into two parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).
RESULT: APPROVE [5 TO 1 WITH 1 ABSTENTION]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques
NAYS: Fred Tovar
ABSTAIN: Rebeca Armendariz
Enactment No.: Resolution No. 2022-84
10.UNFINISHED BUSINESS
There were none.
11.INTRODUCTION OF NEW BUSINESS
11.1. Annual Review and Adoption of the City's Investment Policy
7.1 Packet Pg. 35 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
Finance Director Sangha provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
Adopt a resolution establishing the City’s updated Investment Policy.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Enactment No.: Resolution No. 2022-85
11.2. Introduce an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance. This Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
Community Development Director provided staff presentation on items 11.2, 11.3, and 11.4 combined and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
Possible Action:
1.Move to read the Ordinance by title only and waive the first reading beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
x City Clerk Pham read aloud the title of the proposed ordinance.
7.1 Packet Pg. 36 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
2.Introduce an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2021 International Property Maintenance Code, and 2021 International Swimming Pool and Spa Code, with amendments.
RESULT: INTRODUCE THE ORDINANCE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
11.3. Introduce an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance. This Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Adoption of the proposed Ordinance includes the adoption of the California Green Buildings Standards Code which is also exempt from CEQA pursuant to CEQA Guidelines, § 15308 which exempts actions taken by regulatory agencies for the enhancement and protection of the environment, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
Ron Kirkish requested Council to review the Green Building Code before it is adopted.
There being no further speakers, Mayor Blankley closed Public Comment.
7.1 Packet Pg. 37 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
Possible Action:
1.Move to read the Ordinance by title only and waive the first reading beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
City Clerk Pham read aloud the title of the proposed ordinance.
2.Introduce an Ordinance amending Sections 6.6 and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
11.4. Introduce an Ordinance Adopting by Reference the 2022 California Fire Codes with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance. This Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub.
Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
7.1 Packet Pg. 38 Minutes Acceptance: Minutes of Nov 7, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
11/7/2022
Possible Action:
1.Move to read the Ordinance by title only and waive the first reading beyond the title.
RESULT: READ TITLE OF THE ORDINANCE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
City Clerk Pham read aloud the title of the ordinance.
2.Introduce an Ordinance amending Sections 10.9 and 10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2022 California Fire Code with amendments.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
3.Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.
RESULT: SET PUBLIC HEARING [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
12.CITY ADMINISTRATOR'S REPORTS
No report was provided.
13.CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member questions.
14.CLOSED SESSION
There were none.
15.ADJOURNMENT
The meeting was adjourned at 8:32 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 Nam Pham, CMC, CPMC
City Clerk
7.1 Packet Pg. 39 Minutes Acceptance: Minutes of Nov 7, 2022 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 Authorizing the City Administrator to Execute a Non -
Disclosure Agreement with W-Trans and Strategic
Economics, Inc. and Release Confidential Sal es Tax Data for Development of the Downtown Parking Management
Plan
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
Council adopt the resolution authorizing the City Administrator to execute a nondisclosure agreement, in a form approved by the City Attorney, and to release confidential sales tax information to W-Trans and Strategic Economics, Inc., for use in the development of the Downtown Parking Management Plan.
7.2 Packet Pg. 40
BACKGROUND
Strategic Economics, Inc., is an economic subconsultant of W-Trans, the firm awarded the Downtown Parking Management Plan contract by Council on September 12, 2022.
Strategic Economics, Inc., has requested the City of Gilroy’s sales tax data for the businesses located in the City’s downtown.
ANALYSIS
This data would enable Strategic Economics, Inc., to compile sales information by the business to analyze the benefits and impacts of various options as the potential parking plans are considered for recommendation. Not having the data would not allow this type of analysis to take place and would potentially hinder the quality and level of success o f the developing parking plan.
Strategic Economics, Inc., has performed similar economic analysis for numerous taxing entities in California and is familiar with the laws governing the use and release of taxpayer information. Strategic Economics, Inc., understands the confidential nature of the City’s sales tax data and will aggregate data , if sharing such information becomes required in the plan process, if reporting to the public to maintain confidentiality or report findings in qualitative terms. No individual taxpayer information will be publicly disclosed except as expressly authorized by law. Both W-Trans and Strategic Economics, Inc., will sign a confidentiality agreement substantially in the form approved by the City Attorney before receiving any ta x data.
Pursuant to the California Revenue and Taxation Code, the City Council must approve a resolution authorizing the release of information and certify certain claims relating to the restrictions on any consultants that the confidential information is shared with. The nondisclosure agreement that is being signed implements those restrictions to allow the sharing of information.
ALTERNATIVES
Council may reject granting authorization to share sales tax data with Strategic Economics. This is not recommended, as W-Trans and Strategic Economics could not model the potential sales impact of businesses downtown in their analysis and proposal for a downtown parking management plan.
FISCAL IMPACT/FUNDING SOURCE
On September 12, 2022, Council awarded the contract for the Downtown Parking Management Plan to W-Trans. Strategic Economics, Inc., is a sub-consultant of W- Trans. The cost to review the City’s sales tax data is included in the existing W-Trans contract. There will be no impact on the General Fund as a result of releasing confidential sales tax information to Strategic Economics, Inc.
7.2 Packet Pg. 41
CONCLUSION
The authorization and release of confidential sales tax data, with the execution of a nondisclosure agreement, is a needed process to produce the best downtow n parking management plan, which considers the benefits and impacts to the business activities taking place in downtown Gilroy.
Attachments:
1. Draft Resolution
2. Nondiscolsure Agreement - Sales Tax Data
7.2 Packet Pg. 42
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING W-TRANS AND
STRATEGIC ECONOMICS, INC. TO ACCESS SALES
AND USE TAX DATA WITHIN THE CITY OF GILROY
FOR PURPOSES OF DEVELOPING THE DOWNTOWN
PARKING MANAGEMENT PLAN
WHEREAS, on September 12, 2022, the City Council approved a contract with W-Trans for developing the Downtown Parking Management Plan for the City of Gilroy; and
WHEREAS, a component of that plan development involves economic analysis by the sub-consultant Strategic Economics, Inc., of the businesses within the downtown parking management plan area, including analysis of benefits and impacts to each business in the plan area; and
WHEREAS, under the California Revenue and Taxation Code, Section 7056, a legislative body may authorize by resolution any person to examine sales and use tax data if it makes certain certifications, including:
(A) The consultant has an existing contract with the city to examine sales and use tax records associated with the purposes of that contractual service.
(B) The consultant is required by that contract to disclose the information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the city who is authorized by resolution to examine the information.
(C) The consultant is prohibited by its contract from performing consulting services for a retailer during the term of the contract.
(D) The consultant is prohibited by that contract from retaining the information contained in, or derived from, those sales or transactions and use tax records after that contract has expired.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein.
2. That the City Council authorizes the City Administrator to execute a nondisclosure agreement, in a form approved by the City Attorney, and to release confidential sales tax information to W-Trans and their sub-consultant Strategic Economics, Inc. for use in the development of the Downtown Parking Management Plan, provided that no individual taxpayer information be publicly released unless expressly authorized by law.
7.2.a
Packet Pg. 43 Attachment: Draft Resolution (4067 : Consultant Sales Tax Authorization)
Resolution No. 2022-XX
W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data City Council Regular Meeting | May 16, 2022
PASSED AND ADOPTED this 21st day of November, 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
7.2.a
Packet Pg. 44 Attachment: Draft Resolution (4067 : Consultant Sales Tax Authorization)
NONDISCLOSURE AGREEMENT
This Nondisclosure Agreement (“Agreement”) is effective upon execution by either party and is entered into by and between City of Gilroy (“City”), Whitlock & Weinberger Transportation, Inc. dba W-Trans (“W-Trans”), and Strategic Economics, Inc. (“SEI”) (collectively the “Parties”) for the purpose of preventing the unauthorized disclosure of Confidential Information obtained by W-Trans and SEI (collectively the “Recipients”) for purposes of performance of a business demographic and economic analysis as a subcontractor under an agreement between City and W-Trans for preparation of the Downtown Parking Management Plan, a governmental activity of City.
1. Confidentiality. “Confidential Information” shall include any and all information, including but not limited to, any proprietary, non-public and/or confidential information that the City provides Recipients or that Recipients obtains in performing work for the City, including but not limited to: City or City licensee’s/permittee’s financial information, rental rates, transient occupancy taxes, business taxes, sales tax data, other sources of City revenue, taxpayer or customer names, addresses or other personal information, customer or taxpayer data, surveys, studies, strategic plans, lists and/or data, services and other information obtained directly or indirectly, in writing, verbally, electronically or by inspection.
2. Exclusions from Confidential Information. Recipients’ obligations under this Agreement do not extend to information that is or becomes publicly known at the time of disclosure through no fault of Recipients, or as required to be disclosed by applicable law or regulation. Recipients must give the City prompt written notice and sufficient opportunity to object to such use or disclosure.
3. Recipients’ Confidentiality Obligations. Recipients agree to hold and maintain the Confidential Information in strictest confidence for the exclusive benefit to City and in compliance with the confidentiality standards set forth below.
a) Sales Tax Information – Non-Disclosure
Sales tax data is required to be kept confidential by Revenue and Taxation Code Section 7056. Thus, it is unlawful for any person who obtains access to sales and use tax records to make known in any manner the information disclosed on any [tax] return, including any abstract thereof. Accordingly, a local agency may not disclose amounts of tax paid, whether tax amounts are up or down from a prior period, or any other information that would reveal the business affairs or operations of a business.
Though confidential by law, sales and use tax information can be used by local government officials if the use is “related to collection of local sales and use taxes” or” related to other governmental functions of the county, city and county, or city.” Permit administrators, finance or revenue managers, economic development staff, redevelopment and community development personnel, and business license officials can benefit from access to local sales and use tax allocation information. However, only those positions or individuals authorized by resolution of the governing body (City Council or Board of Supervisors) may have access
7.2.b
Packet Pg. 45 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
to confidential data and each person so authorized is required to abide by the provisions of Revenue and Taxation Code Section 7056.
b) Combined Information May Be Disclosed
Sales tax payments for groups of businesses may be revealed to the general public if the so called “gang of four” and “80%” rule are followed. These rules allow combined data for four or more businesses to be released as long as no single member of the group is the source of a disproportionate percentage, defined herein as 80%, of the group total. The “group” may be defined as businesses in the same shopping center, a specific business type such as new auto sellers, or businesses sharing the same major business group. • The “gang of four” rule must be four separate businesses with individual sellers’ permit numbers. For example, if the group includes four outlets and two of the outlets are sub-outlets under the same sellers’ permit number then those two outlets are counted as one toward the overall “gang of four” rule. • A business with a current allocation that has since closed its sellers’ permit cannot be counted toward the “gang of four” rule.
• A new business with an active sellers’ permit that has yet to commence reporting sales cannot be counted toward the “gang of four” rule.
If the total amount for a particular group is negative that group cannot be disclosed.
Pursuant to an Executive Order signed by Governor Wilson in April 1994, it is also possible to publish a list of the top sales tax generators if all of the following conditions are met:
• At least 25 retailers are included.
• Businesses are presented in random or alphabetical order. • Businesses are not ranked by amount paid.
• Sales or use tax amounts are omitted.
c) Consulting for Retailers Prohibited
For the term of this contract, Recipients are prohibited from providing consultation services to any retailers. This is a requirement of the California Revenue and Taxation Code Section 7056 for the sharing of sales and use tax data.
Recipients agree not to disclose or divulge any Confidential Information, unless and only if City has given prior written approval to do so, and only for the limited purpose of facilitating a project that is a benefit to the City, and in accordance with applicable law. Recipients shall be responsible for Recipients’ employees’ and agents’ compliance with this Agreement and shall require each of Recipients’ employees and agents to agree to the terms of this Agreement before receipt of any confidential information. Recipients shall not use or disclose any Confidential Information for Recipients’ benefit or permit the use by others for the benefit to Recipients, or to Recipients’ employees, agents, successors or assigns, except for the limited circumstances mentioned above. Recipients also agree not to take any photos or record in any form or manner regarding any Confidential Information, without City’s express written consent.
4. No Publicity. Recipients acknowledge and understand that Confidential Information is not to be disclosed to, or shared with, any third party, in any form, including any published reports, public presentations, and electronic media.
7.2.b
Packet Pg. 46 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
5. Term. This Agreement shall become effective on the date the last person has entered on the signature line below, or when City first disclosed any Confidential Information to Recipients, whichever is earlier. This Agreement and Recipients’ duty to hold City’s Confidential Information in confidence shall survive the completion of work relating to the Confidential Information. The duty to hold the Confidential Information in confidence shall remain in effect until City provides the Recipients with written notice releasing Recipients from such duty.
6. Indemnity. Recipients agree to indemnify, defend and hold harmless the City, its officers, officials, employees and agents from and against any and all claims, demands, actions, damages, or judgements, including associated costs of investigation and defense arising in any manner from or in any way related to the obligations of performance of this Agreement by Recipients, Recipients’ employees or agents, except where caused by the sole negligence or willful misconduct of City.
7. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement will remain in force and effect as if such invalid or unenforceable term had never been included.
8. Complete Agreement. This Agreement expresses the complete understanding of the Parties with respect to nondisclosure of the Confidential Information and supersedes any prior agreements or understandings relating to this subject matter. This Agreement may only be modified in writing by mutual consent of the Parties.
9. No Implied Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
10. Attorney’s Fees. The Parties agree that should any party fail to comply with the terms of the Agreement, and/or if any proceeding is necessary to enforce the terms hereof, any reasonable attorneys’ fees and costs incurred to enforce the terms of the Agreement shall be paid to the prevailing party.
11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California with jurisdiction by the Santa Clara County Superior Court.
12. Construction of Agreement. Recipients acknowledge that Recipients have reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
13. Authority to Execute Agreement. The Parties to this Agreement, and each of them, represent and warrant that each has the right, power, and authority to execute this Agreement.
7.2.b
Packet Pg. 47 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
14. Electronic Signature / Counterparts. This Agreement may be executed by electronic signature in any manner authorized by law. This Agreement may be executed by one or more copies and each counterpart will be considered an original and binding to the party executing it. A copy of a party’s signature shall be treated the same as an original.
The undersigned hereby certify carefully reading this agreement and fully understanding its contents.
The undersigned acknowledge voluntarily signing this agreement and by doing so are accepting its terms as binding upon the undersigned, undersigned’s agents, assigns, successors and legal representatives.
CITY RECIPIENTs
City of Gilroy Strategic Economics, Inc.
________________________________________
_________________________________________
Jimmy Forbis
City Administrator
Dena Belzer
President
Approved as to Form:
________________________________________
Whitlock & Weinberger Transportation, Inc.
_________________________________________
Andrew L. Faber, Esq.
City Attorney
Dalene J. Whitlock
President/Senior Principal
ATTEST:
________________________________________
Thai Nam Pham, City Clerk
7.2.b
Packet Pg. 48 Attachment: Nondiscolsure Agreement - Sales Tax Data (4067 : Consultant Sales Tax Authorization)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Moore Iacofanco Goltsman, Inc. for Justice, Equity, Diversity, and Inclusion Consultation
Services in the Amount of $114,905.
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
Award a contract to Moore Iacofanco Goltsman, Inc. for justice, equity, diversity, and inclusion consultation services in the amount of $114,905.
BACKGROUND
At the September 20, 2021 regular meeting of the City Council, a Council initiated future agenda item was requested for Council to consider a potential equity and inclusion policy for the City’s boards, commissions, and committees. The matter returned to the City Council at the March 7, 2022 regular Council Meeting to discuss having instead of a policy just for boards to instead have a potential organization -wide City of Gilroy
8.1 Packet Pg. 49
Justice, Equity, Diversity, and Inclusion (JEDI) Policy. A presentation was given by staff, and a recommendation was made to issue a Request for Proposals (RFP) to find a consultant with the expertise to help shape and guide the City’s process to establ ish a JEDI policy. The City Council approved the release of the RFP to solicit for a JEDI consultant.
ANALYSIS
The RFP was released on September 9, 2022 after the RFP document went through a committee review by the JEDI Committee, an intersectional commi ttee of staff from all departments of the City. The RFP deadline was October 14, 2022. The City received 15 proposals. A volunteer Scoring Committee was formed with three staff members from the JEDI Committee to review and score the proposals.
The proposal from Moore Iacofanco Goltsman, Inc. (MIG) received the overall highest score, including two perfect scores from the Scoring Committee. The proposal is attached to this staff report. Some of the comments included that the proposal was all- encompassing, the instructions for the proposal contents was followed, the firm presented quality experience both at the firm level but also the assigned team members, that the cost proposal was reasonable, and the firm’s assigned Project Director (with experience in Santa Clara County) and Project Manager are located in the local San Francisco Bay Area (Berkeley and San Jose).
The MIG proposal involves work across four phases and is planned to last two years, beginning in January of 2023 and ending implementation support ending December of 2024 with a two-year agreement. Below is a graph from the proposal that shows the detailed project schedule.
The scope of work entails data gathering and analysis for the first six months through interviews, focus groups, and other surveys and analyses. The remaining six months would be spent developing the policy and plan document and training material, as well as starting the implementation phase. This would continue through the first half of
8.1 Packet Pg. 50
calendar year 2024, with the last half of 2024 being focused on monitoring and adjustments based on the performance of the policy and plan.
There will be opportunities for the community and Council to provide input into the process, including community member focus groups and a community review event, as well as City Council input and review throughout the process as described below.
The project will be carried out in four phases, described below.
• Four phases:
1. Data Gathering and Analysis
The project will commence with a kickoff meeting to further refine the project implementation. There will be a review of current policies. There will be community input through the interview of key leaders in the City, as well as engagement with community organizations and entities with whom the City has dealings, as well as community-member focus groups. The consultant will then analyze the findings for the next phase.
2. Policy/Plan Development
This phase will have the development of the policy, as well as the implementation plan, including the development and use of self- assessment tools, development of a training workbook, conducting the training with City staff, and then additionally a special meeting with the City Council to go over the results of the analysis and the training.
3. Plan Implementation
In this phase, the consultant will lead the drafting of JEDI definitions and statement, develop the goals and strategies. They wi ll also conduct a staff forum, as well as a community review event. From this, the final JEDI framework will be established. Council and staff will receive training on the new policy framework and implement the policy and plan in their day -to- day operations with the City.
4. Monitoring and Adjustments
As part of the RFP and the proposal response, the contract will also provide monitoring and adjustments based on actual experiences when implementing the policy and plan, and making adjustments as needed to improve results if the results are not satisfactory enough after the initial development and implementation.
Key deliverables include a summary document reporting on the findings of the analysis conducted in Phase 1, training workbook and training sessions for staff and also a meeting with the City Council in Phase 2, the final JEDI policy framework and plan in Phase 3, and quarterly implementation reports throughout the process. There will also be programmed meetings, surveys, and other activities as outlined in the proposal and contract scope of work.
8.1 Packet Pg. 51
MIG has provided the City a copy of a final report that was issued and presented to the City of Golden, Colorado on November 15th. MIG provided this document at a request for an example of their work to see what the final deliverable might be like. MIG has stressed that they take a highly customized approach to every engagement, however, so our plan will represent our context and the needs and strengths of our community and organization’s current status.
The total contract proposed would be for $114,905. This amount would span for two years.
ALTERNATIVES
Council may accept, modify, or reject the proposals. Not recommended. The proposals have been evaluated by a scoring committee, and the team with the highest score and review has been proposed for awarding of this bid.
FISCAL IMPACT/FUNDING SOURCE
$114,905. The project will be funded out of the General Fund, but some of the costs will be captured by the overhead calculation as the policy is organization -wide, including the City’s operations in the enterprise funds. This will restore a portion of the cost back to the General Fund, based on the cost allocation plan each fiscal year.
CONCLUSION
Of the proposals received for a Citywide JEDI Policy consultant, MIG scored the highest, including two perfect scores by the Scoring Committee. The proposed contract would last for two years, including data/research, policy and plan development, implementation, and monitoring performance.
NEXT STEPS
With approval, staff will finalize the agreement with MIG, and the work will commence in January of 2023.
Attachments:
1. JEDI Consultant - MIG Inc. - Standard Consultant Agreement for Services
2. MIG Proposal_Gilroy JEDI Consultant Services
3. Golden_REDI Action Plan_FINAL
8.1 Packet Pg. 52
-1- 4835-2267-0361v1 LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 21st day of November, 2022, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Moore Iacofanco Goltsman, Inc., having a principal place of business at 800 Hearst Avenue, Berkeley, CA 94710.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on November 21, 2022 and will continue in effect through December 31, 2024 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed One Hundred Fourteen Thousand, Nine Hundred Five Dollars ($114,905.00).
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
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
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
MOORE IACOFANCO GOLTSMAN,
INC.
CITY OF GILROY
By: By:
Name: Carolyn Verheyen Name: Jimmy Forbis
Title: Principal Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3116998
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Noe Noyola, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bryce Atkins shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Carolyn Verheyen
Principal
800 Hearst Avenue
Berkeley, CA 94710
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
The scope of work is organized into the following phases:
» Phase 1: Understanding the Context: Data-gathering and Analysis » Phase 2: Developing the JEDI Plan: Policy/plan Development » Phase 3: Integrating Changes: Plan Implementation
» Phase 4: Ensuring Success: Monitoring and Adjustments PHASE 1: UNDERSTANDING THE CONTEXT: DATA-GATHERING AND ANALYSIS Internal
Task 1.1 Project Kickoff Meeting
CONSULTANT and the CITY will meet to initiate the planning process, confirm the project approach and objectives, refine the project scope and timeline, and determine communication protocols. CONSULTANT anticipates members of the internal JEDI Team will participate in the kickoff meeting. This meeting will be designed to accomplish the following objectives:
» Discuss the project schedule
» Confirm key outreach activities and inputs
» Confirm assessment goals and expectations
» Confirm team member roles and responsibilities
» Confirm review process for project materials
CONSULTANT'S staff will design the meeting agenda and provide a brief summary.
Task 1.2 City Policies Review
CONSULTANT will conduct an inventory and assessment of the CITY's hiring practices and equitable delivery of CITY services and operations. The inventory will include assessments of CITY JEDI efforts related to police accountability, fire services, permitting, community development, recreation, and other CITY efforts. Input from staff, the CITY's internal JEDI team, leaders of each City Department, and the City Council will inform the inventory.
Task 1.3 Key Leaders Interviews (virtual)
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CONSULTANT will interview City Council members, directors of every CITY department, and other key city leaders to discuss the JEDI planning process, goals and objectives, and key issues.
Interviews with CITY department directors will be informed by the CITY Policies document review. For JEDI plans and initiatives to succeed, buy-in and support from leadership (e.g., elected officials, senior executives, Board members) is vital. CONSULTANT will collect input through these interviews on the proces design, training needs, and accountability measures.
Task 1.4 Staff Listening Sessions
CONSULTANT will conduct two listening sessions with staff to collect input on the issues and opportunities facing CITY employees from a JEDI perspective. CONSULTANT will discuss their JEDI needs and ideas on how to equitably deliver City services and operations. CONSULTANT will work with CITY staff to identify a wide and representative range of participants, including representatives from CITY departments such as Parks and Recreation, Police, Planning, Community Development, and Public Works, among many others. Participants will be invited to share their perspectives, attitudes, and experiences related to justice, equity, diversity, and inclusion and anti-racism in the workplace.
These sessions will be conducted virtually and will include facilitated discussion with up to 10-20 participants each. CONSULTANT expects these sessions to be approximately two hours.
CONSULTANT will design the approach for the listening sessions, including the length, meeting, and the discussion questions, and will provide a summary.
Task 1.5 Staff Survey (digital)
By adapting GARE survey as a basis and layering other experiences and best practices, CONSULTANT will develop an employee survey to assess perspectives, attitudes, and experiences related to JEDI in the workplace. Using an online survey platform, the CONSULTANT Team will develop nuanced questions to assess employees’ sense of belonging, their understanding of key terms such as equity, anti-racism, and inclusion, and their experiences being their full selves at work, among many other topics. Accredited resources such as GARE will be referenced and adapted in developing this survey. CONSULTANT will share a draft version of the questionnaire with the Project Team for feedback and input before finalizing.
CONSULTANT will finalize the survey after receiving input and feedback from the Project Team and internal JEDI team. CONSULTANT will test the survey to ensure its functionality on mobile, tablet, and computer devices. Additionally, we recommend preparing a simplified paper version of the survey to reach employees who do not have access to or are uncomfortable with online technology. The final survey will be available online and via print copies. The survey can be translated into other languages based on the linguistic needs and preferences of employees.
Given the highly sensitive nature of the survey topics, the results of the survey will only be reported in aggregate and names will not be attached to any data. The CONSULTANT Team will thoroughly analyze the survey results and identify key themes and findings.
External
Task 1.6 Key Informant Interviews (virtual)
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CONSULTANT will conduct eight one-on-one interviews virtually with key stakeholders and community partners to share critical insights into JEDI needs and emerging opportunities for CITY.
Each of these interviews provides an opportunity for key individuals (or small groups of 2-3 people) to discuss concerns or issues in a more intimate environment than that afforded by larger- scale meetings. Individual results from each interview will be reported in aggregate.
CONSULTANT will collaborate with CITY staff to identify potential interviewees. Interviewees may include key representatives from Gilroy Unified School District, Gilroy Chamber of Commerce, local businesses, and other community organizations and nonprofits.
Each interview will be conducted by phone and/or online video conference (e.g., Zoom). The interviews are expected to take approximately one hour. A list of questions will be developed to guide the interviews to ensure that consistency is maintained among each of the parties and interviewers, and that information is gathered in the most efficient way possible.
Task 1.7 Community Focus Groups (in person)
The community focus groups are an opportunity to collect input from a diverse and targeted set of community members. CONSULTANT will design and lead three (3) in-person focus groups.
Potential participants may include Spanish-speaking individuals and other people of color, low- income residents, youth, and seniors. The CONSULTANT Team will review and present the demographics of Gilroy, the purpose and goals of the JEDI Plan, and the timeline. Participants will be invited to share their perspectives, attitudes, experiences – and most critically – solutions related to JEDI and anti-racism in the CITY.
These sessions will be conducted in person and will include facilitated discussions with 6-10 participants and open with remarks to provide context and framing for the discussion.
CONSULTANT will provide a draft version of the focus group questions for one round of CITY staff review before finalizing. CONSULTANT expects these sessions to be approximately 90 minutes long and held on the same day or on consecutive days. CONSULTANT encourages providing stipends (e.g., transit passes, cash, or grocery store cards) to certain community audiences to incentivize their participation and have included that amount in our proposed budget.
Task 1.8 Analysis of Findings
The CONSULTANT Team will thoroughly analyze the survey and listening session results, identifying key themes and findings, and solutions to improve engagement, recruitment, language, and accessibility by the CITY. The summary document will also include an executive summary infographic to provide an illustrative, at-a-glance recap of the results. The CONSULTANT Team will ensure that all data is available and transferred to the CITY for storage or archival purposes.
PHASE 2: DEVELOPING THE JEDI PLAN: POLICY/ PLAN DEVELOPMENT Task 2.1 JEDI Capacity-Building Self-Assessment Tool
In collaboration with the JEDI project team, CONSULTANT will coordinate and deliver a set of training activities for a roster of participants identified by CITY staff. The first activity will be for
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participants to complete a JEDI self-assessment to identify current strengths and areas for improvement from a personal and organizational standpoint. CONSULTANT will tally results and present key findings to the JEDI project team.
Task 2.2 JEDI Capacity-Building Training Workbook
Based on the results, CONSULTANT will develop and deliver a customized training workbook.
Designed to establish a shared language and common definitions, the Training Workbook serves as a training structure that will help guide participants to engage in honest and brave conversations.
The training is intended to be instructive, as well as interactive, JEDI training that will build knowledge, skills, and capacity to challenge systemic racism, understand unconscious bias, and practice equity in the day-to-day.
Task 2.3 JEDI Capacity-Building Training
Proposed as a two-day in-person training*, CONSULTANT will coordinate and facilitate a training session for the roster of participants, JEDI Advisory Team, departmental directors, and other staff, as appropriate. Through creative exercises, discussions, and presentations, participants will strengthen their knowledge of strategies and tools to achieve equity. We will explore a framework for racial justice efforts that move beyond merely valuing racial diversity to achieving racial equity. We will explore how leading with a racial equity lens is an essential component of a strategy for structural transformation to create equity for all. During the training we will dive deep, focusing on best practices for operationalizing equity and shifting organizational culture, practices, programs, and outcomes.
*The budget proposed is for in-person training but can be adjusted lower if done virtually.
Task 2.4 JEDI Capacity-Building City Council Meeting
As a follow-up, CONSULTANT also proposes a facilitated and abbreviated 2–3-hour training for the City Council. The training will allow us to report the key findings from the analysis and offer a platform to discuss key issues brought forth through the staff training. The CONSULTANT Team will walk Council members through the training workbook, focus on select sections of the training, and only focus on select key questions for discussion.
PHASE 3: INTEGRATING CHANGES: PLAN IMPLEMENTATION
Task 3.1 Draft JEDI Definitions and JEDI Statement
Building on input from Phases 1 and 2, CONSULTANT will work with the CITY Project Team and the CITY's JEDI committee if any, and other advisory groups as necessary to develop a definition of justice, equity, diversity, and inclusion and a corresponding Equity in Gilroy statement. The equity statement will articulate how JEDI is linked with the CITY's goals and objectives and how it benefits the community.
Task 3.2 Draft Goals and Strategies
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The training, survey results, and other input activities will lead to the development of a set of draft prioritized Plan goals and strategies. Potential strategies will be chosen and designed based on anticipated effectiveness, feasibility of implementation, meeting community needs, addressing service and program gaps, and other criteria to be developed. Project Team staff will be asked to provide one consolidated set of written edits and comments.
Task 3.3 Staff Forum (virtual)
The staff forum is proposed as a two-hour event that will bring together staff from across CITY departments. Staff will review the key findings from the engagement activities. Participants will discuss the draft equity statement, as well as the draft goals and strategies. As the facilitator of the forum, CONSULTANT will develop an agenda and an interactive process to keep the discussion focused and to ensure all participants have an opportunity to provide input and comments.
CONSULTANT will document and capture feedback and focus the discussion on implementable policies and procedures. The Project Team will schedule the forum in coordination with the staff to ensure it is on a day when all participants can conveniently attend.
Task 3.4 Community Review Event
This is a flexible activity that can take shape as an in-person or virtual community workshop, an open house, or a pop-up activity. It is an opportunity to collect input from a broad and diverse array of community members, including the key informant interviewees. CONSULTANT will present the shared definitions for diversity, equity, inclusion, and anti-racism. Participants will discuss the draft equity statement, as well as the draft goals and strategies. As the facilitator of the event, CONSULTANT will develop an agenda and a highly interactive process to keep the discussion focused and to ensure all participants have an opportunity to provide input and comments.
Task 3.5 Draft JEDI Framework
Building on the input from earlier activities and phases, the CONSULTANT Team will finalize the draft JEDI Framework content. The Plan will also outline the implementation process and action steps, providing clear and high-level direction on staff responsibilities, key benchmarks, and timelines. two sets of consolidated comments.
Task 3.6 Final JEDI Framework
CONSULTANT will finalize the JEDI Framework based on the input and feedback from the internal JEDI team, staff, City Council, and members of the public. We will work with our graphics team to design the format and layout for the JEDI Framework, which will be presented in InDesign and be made available electronically. Staff will be responsible for providing photos and finished maps and graphics for incorporation into the Plan, and for ensuring that all needed files are shared in a timely fashion. CONSULTANT will provide the Final Framework as an electronic PDF file and original InDesign file.
PHASE 4: ENSURING SUCCESS: MONITORING AND ADJUSTMENTS
Task 4.1 Ongoing Project Management and Coordination
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The purpose of this task is to ensure a consistent basis for project management, including contract administration, invoicing, scheduling, and the timely delivery of all products and services. To ensure efficient project coordination and implementation, the CONSULTANT project manager will communicate regularly by phone, email, and in person with the designated Project Team staff to review progress, discuss emerging issues, and plan for upcoming activities. CONSULTANT will submit the following formal reports:
Quarterly Reports: Each quarter, CONSULTANT will submit a report to the CITY describing the activities completed, summarizing the findings to date, and highlighting any challenges and how they have been resolved.
Task 4.2 Team Meetings
CONSULTANT recommends weekly or bi-monthly, one-hour check-in meetings with the CITY Project Team for the duration of the project (roughly 40 meetings). Consistent communication is crucial for keeping everyone on the same page, problem-solving as a team, and building the relationships and deeper partnerships needed to work through the challenges equity efforts can bring. These meetings will be designed to prepare for employee input activities and events, review project milestones and deliverables, and discuss emerging issues and opportunities. In addition, these meetings will be used to coordinate with the City’s internal JEDI team. Meetings will take place by conference call or online video conference and up to two CONSULTANT Team members will participate in the calls. The CONSULTANT Team will prepare agendas and meeting summaries, noting any key decisions and action items.
Task 4.3 Assessment and Tracking Tool
Included in the implementation process and action steps will be strategies for measuring progress such as an online dashboard or matrix tool with Citywide equity-based goals, benchmarks, and metrics. CONSULTANT will work with the CITY Project Team to determine what platform and approach will be most useful for the CITY to track and assess the progress of JEDI goals.
Task 4.4 Ongoing Implementation Support for Leadership
The CONSULTANT Team will meet up to four times, two hours each, with the CITY Project Team and key leadership to explore the implementation process and action steps— adaptive leadership approaches, staff engagement and communication, staff training and coaching, influencing other system leaders, data tracking and continuous quality improvement, ongoing community input—needed to ensure that new policy, procedure, and practice changes are adopted in daily work. Based on these meetings, CONSULTANT will create an implementation support plan for leadership. In addition to the implementation plan, CONSULTANT will, at a minimum, assist with the development of the following implementation tools:
» Needs-based prioritization methodologies for possible funding sources » Staffing plans
» Project lists
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» Grant application processes.
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EXHIBIT “C”
MILESTONE SCHEDULE
The four phases of the project shall be completed within the following milestones:
Project Commencement: The project will commence beginning January of 2023 with Phase 1.
Phase 1 shall be completed by August 2023
Phase 2 shall be completed by November 2023
Phase 3 shall be completed by May 2024
Phase 4 shall be completed by December 2024.
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EXHIBIT “D”
PAYMENT SCHEDULE
Payment shall be made upon Net 30 Payment Term
CONSULTANT shall invoice the CITY, no more frequently than once per month. Invoices shall include information supporting the amount of the invoice being charged. Payments shall be made upon a Net 30 payment term.
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Proposal | October 14, 2022
800 Hearst Avenue | Berkeley, CA 94710
(510) 845-7549 | www.migcom.com
Justice, Equity, Diversity and
Inclusion (JEDI) Consultant Services
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Packet Pg. 76 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
800 Hearst Avenue
Berkeley, CA 94710
P (510) 845-7549
F (510) 845-8750
www.migcom.com
CALIFORNIA
BERKELEY, FULLERTON,
LOS ANGELES, PASADENA,
RIVERSIDE, SACRAMENTO,
SAN DIEGO, SAN JOSE,
AND SONOMA
COLORADO
DENVER
OREGON
PORTLAND
TEXAS
SAN ANTONIO
WASHINGTON
SEATTLE
October 14, 2022
Crystal Zamora, Program Administrator
City of Gilroy
City Administrators Office
7351 Rosanna Street
Gilroy, CA 95020
RE: Proposal for City of Gilroy Justice, Equity, Diversity and Inclusion (JEDI) Consultant Services, No. 23-RFP-AD-481
Dear Crystal Zamora and Selection Committee Members:
MIG, Inc., is pleased to submit this proposal to provide Justice, Equity, Diversity, and Inclusion (JEDI) planning and evaluation services to the City of Gilroy. Our submittal represents a true and complete expression of our capacity, experience, approach, and enthusiasm for undertaking the project. We will approach the project as a partnership and will work with City staff to support, promote, and uphold the City's goals and standards.
We know Gilroy to include a dynamic multicultural population and is surrounded by a prolific agricultural context, including a diverse and hardworking community, a robust set of community groups, a thriving entrepreneurial scene, an accessible location at the urban edge of the San Francisco Bay Area, and a proven commitment to community vibrancy.
For close to 40 years, MIG has provided professional planning services to cities and counties like Gilroy throughout California. MIG has collaborated with communities on a series of projects that have helped us achieve an intimate perspective of equity issues challenging cities in California. We have served in an array of roles for local jurisdictions and communities reflective of the diversity and cultural dynamism of the state. Specifically, MIG has worked extensively with public agencies, private organizations, and nonprofit groups across the country on JEDI initiatives. We are leaders in building the collaborative capacity of public agencies to pursue equity and inclusion. We excel at the design and facilitation of complex, multi-stakeholder initiatives focused on advancing equity and achieving collective impact. At MIG, we challenge ourselves to think critically about equity, power, and anti-racism, with the goal of creating better outcomes for everyone.
Our work in this arena is part of the national reckoning sparked by the murders of Ahmaud Arbery, Breonna Taylor, and George Floyd (among so many others) that have brought forth long-overdue conversations about past racist policies, power dynamics, and racial supremacy in the workplace and in the public arena. Many cities and counties are grappling with how to advance equity, promote inclusive work environments, and better serve diverse communities. With our expertise in equity-centered, anti-racist organizational development, MIG is uniquely qualified to partner with Gilroy to embed and infuse JEDI in its organizational practices.
Drawing on both traditional and innovative approaches, we engage a broad range of stakeholders with an emphasis on building trust and catalyzing new thinking and action.
Our experience engaging internal and external stakeholders is extensive and characterized by cultural humility, respect, and deep listening. These conversations require us to stretch outside of our comfort zones, to be brave and honest, and to take decisive actions to end structural racism.
PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE
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PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE We are committed to this project and bring significant expertise and strengths to this effort, including:
»Proven experience in assisting organizations establish a shared vocabulary and shared foundations to operationalize equity, diversity, inclusion, and anti-racism. »Expert technical advice and training tools and exercises for reflection and application of key concepts for personal and/or professional growth.
»Strong facilitation and consensus-building skills to help groups discuss and navigate complex processes and deepen their understanding of equity, diversity, and inclusion. »Full capabilities to conduct this process in a virtual environment should COVID-19- related restrictions continue to limit in-person gatherings.
»Robust expertise in inclusive, equitable, and bilingual community engagement that prioritizes engaging the communities most impacted by planning processes, especially those who have been historically left out of civic conversations, such as low-income communities, immigrants, limited-English proficient individuals, and communities of color.
»Award-winning communication and graphic design team that creates concise, culturally salient, and effective messaging.
»Strong skills in clearly documenting the results of stakeholder engagement activities to support informed decision-making.
»Qualitative and quantitative research and analysis skills that support data-driven decision-making and continuous learning.
»Deep, personal commitment of team members to use their passion and professional capabilities to assist organizations in deepening their ability to operationalize equity, diversity, and inclusion.
Key MIG staff and task leaders are committed to supporting this project from inception to completion. We understand the opportunities and challenges facing the City of Gilroy and will function as your partner to give you access to the diverse skills, experience, and problem-solving knowledge of the more than 260 professionals at MIG. For this project, we are excited to include Kate Welty as Project Director. She is an enthusiastic and proven leader in organizational development with deep experience in Santa Clara County.
Collaborating with Kate and serving as Project Manager, your day-to-day point of contact will be Noé Noyola.
Noé is a dynamic and versatile bilingual community planner and facilitator who also serves as Co-Director of MIG’s Equity Studio–our cross-office collaboration where staff leaders focus on infusing equity concerns in our own organizational process and in client projects. Please do not hesitate to contact either Kate or Noé if you need any additional information or have any questions.
Kate Welty, Project Director Noé Noyola, Project Manager P (408) 887-3233 P (415) 309-7868
E [email protected] E [email protected]
We would be honored to work with you on this important undertaking. Thank you for your consideration.
Sincerely,
Carolyn Verheyen
Principal, Authorized Signatory
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PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE
TABLE OF CONTENTS
1. Letter of Interest/Cover Letter 1
2. Applicant Information 4
3. Applicant Firm Qualifications 5
4. Proposal Narrative 8
5. Staffing Plan and Staffing Qualifications 14
6. Budget 21
7. Performance Measures and Reporting 22
8. References 23
9. Conflict of Interest Statement 29
10. Comments on or Requested Changes to Contract 30
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Moore Iacofanco Goltsman, Inc. (MIG, Inc.)
ADDRESS
800 Hearst Avenue
Berkeley, CA 94710
PRESIDENT/CEO
Daniel Iacofano, PhD, FAICP, FASLA
(510) 845-7549, ext. 125
[email protected]
PRINCIPAL-IN-CHARGE
Carolyn Verheyen
(510) 845-7549, ext. 122
[email protected]
PROJECT MANAGER
Noé Noyola, Co-Director of the Equity Studio
(510) 845-7549, ext. 168
[email protected]
2. Applicant Information
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About MIG
MIG is at the forefront of innovation. We are leading
local, regional, and national planning and design
initiatives to ensure accessibility and equity; engage, educate, and empower people through participatory
processes; facilitate strategy development for social
change; create playful and inclusive communities;
reimagine streets and repurpose infrastructure;
revitalize cities and restore ecosystems; and promote
environmental stewardship by recognizing that
the health of the natural and built world is mutually
dependent.
Inclusive and equitable planning is a part of our DNA
at MIG. For four decades, MIG has developed holistic
approaches to embedding and advancing equity in all
our projects. We believe in bringing diverse communities and perspectives together to plan for inclusive
prosperity, resiliency, and well-being. We challenge
ourselves to think critically about equity, power, and
privilege with the goal of creating better outcomes for everyone. At MIG, we work with people and systems to
break down the profound racial inequities that persist
and to address the symptoms and root causes of the
problem. Our goal is impact: transformative change
that creates equitable outcomes in the communities
where we live, work, and play.
Our experience with diversity, equity, and inclusion
strategic planning, including internally at MIG for the last several years, is extensive and characterized by cultural humility, respect, understanding without judgement, and deep listening.
3. Applicant Firm Qualifications
We approach each project as a strengths-based,
capacity-building opportunity with products, tangible and intangible, that provide clarity, cohesion, and momentum for action and change. We bring significant expertise
and strengths to this effort, including:
»Broad and deep experience in engaging the people
most impacted by planning processes, especially
those who have been historically left out of civic
conversations, such as low-income communities,
immigrants, people with disabilities, communities of
color, and the LGBTQIA+ communities.
»Strong facilitation and consensus-building skills to
help groups discuss and navigate complex processes
and deepen their understanding of equity, diversity,
and inclusion, leading to personal and professional
growth, and collective culture shifts.
»Significant expertise in training and capacity-building to build organizational muscle around EDI/DEI/IDEA
and social justice-related frameworks, services,
programs, policies, and budgetary decisions.
»A collaborative approach that builds and deepens
partnerships and support for implementation—from
start to finish.
»Translation, interpretation, and American Sign
Language services and ADA accommodation that
ensures inclusive participation.
»Proven experience in assisting organizations to
establish a shared vocabulary and foundation to
operationalize racial equity, diversity, inclusion, and anti-racism.
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»Full-capabilities to conduct this process in a virtual environment should COVID-19-related restrictions
continue to limit in-person gatherings.
»Strong, robust skills in clearly documenting the results of stakeholder engagement activities to support
informed decision-making.
At MIG’s core, we practice and teach facilitative
leadership—a model rooted in shared power and
decision-making, consensus-building, and collaborative
skill. Our staff of 262 includes bilingual facilitators and our standard practice is to produce materials in multiple languages. The diversity of our staff sparks our passion for inclusive planning. Our team includes staff that are bilingual, immigrants, Latina, and Chicana as well as
multidisciplinary experts in equity assessment, strategic planning, community engagement, facilitation, and
social services. Known internationally for our facilitation expertise, we have worked abroad and across the
country to help people reach mutual understanding and
strive for common goals and aspirations.
Areas of expertise include:
»Facilitation and Consensus Building
»Strategic Planning and Organizational Development
»DEI Planning, Training, and Implementation Support
»Stakeholder Engagement and Feedback
»Training and Capacity-Building
»Evaluation
»Decision-Making Support
»Innovative Public Engagement Tools
With 40 years of strategic planning, organizational
development, engagement, and facilitation experience,
MIG understands that to be an effective DEI consultant, we must embed the principles and practices we
espouse in our own organization. In 2018, we officially established our MIG Equity Studio as an extension of
our commitment to healthy and thriving communities
for everyone. The Studio is devoted to advancing cross- discipline approaches to foster equity in our projects
and infuse equity across all MIG service areas. In 2020, MIG staff created our Racial Equity Action Plan to make immediate-, medium-, and long-term changes to support
equity, both internally and externally, in our professional work and volunteer endeavors. Results include:
»Implementation of a DEI recruitment and hiring guide.
»All RFPs and RFQs we receive are now vetted on the
potential opportunities for these projects to advance
equity and racial, social, or environmental justice.
»Development of a guide to working with Community-
Based Organizations in a power-sharing, mutually
beneficial way.
»Creation of several scholarships for Black, Indigenous, and People of Color (BIPOC) students to develop
projects to build inclusive cities and organizations.
»Personal staff stories featured on our intranet that
celebrate individual aspects of diversity.
A California C-Corporation, MIG has shared lessons
learned and best practices from our own collective
efforts and research with other groups and organizations, such as cities, nonprofits, collective action groups,
and large government agencies, to assist them in
transforming their own cultures.
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We offer deep expertise in helping a variety of groups
and organizations to become more diverse, equitable,
and inclusive. From our work creating equity action
plans with cities such as Forest Grove, Oregon and
Golden, Colorado to county-level plans in Santa Clara,
Los Angeles, and Marin, California, MIG brings extensive knowledge in best practices from across the West.
We also understand cities like Gilroy through our
grassroots engagement and community-based planning
experience working with communities in Salinas and
Watsonville. The following is a brief list of examples
representing how our team has helped organizations
become more diverse, equitable, and inclusive.
»Caltrans Statewide Equity Training
»Santa Clara County Cross-Agency Service Team
Systemwide Framework for Trauma Informed, Healing-
Centered Care
»Marin County Race Equity Planning Committee
»City of Forest Grove Diversity, Equity, and Inclusion
Plan and Training, OR
»City of Golden Racial Equity Diversity and Inclusion
Action Plan, CO
»Los Angeles County Public Works Equity in
Infrastructure Initiative
»Green River College Equity-Centered Strategic Plan, OR »Mt. Hood Community College Equity-Centered
Strategic Plan, OR
»Visión Salinas and Salinas Housing and Community
Development Needs Assessment
»Sí Se Puede! Collective Strategic Plan, San Jose
»Engage Moval: Outreach Toolkit for Disadvantaged
Communities, Moreno Valley
»Upper and Lower Los Angeles River
Revitalization Plans
»First 5 San Diego Strategic Plan
»San Francisco Office of Early Care and Education
Organizational Development Plan
LITIGATION HISTORY
MIG has not defaulted under any agreement which
resulted in the termination of the agreement, or been
the subject of any lawsuit, unresolved contractual claim, or dispute.
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4. Proposal Narrative
Approach
The City of Gilroy is a vibrant community and home
to nearly 60,000 residents. Located in southern
Silicon Valley, the City has grown and diversified
economically and demographically over the years
while still maintaining its small-town feel and a strong sense of identity as “A Community with a Spice for
Life.” The City provides a wide range of services to its residents including building and planning, community
and economic development, fire safety, housing, parks
and recreation, police services, and public works. Gilroy provides a safe and supportive environment for raising
a family and finding community in a beautiful setting
nestled between the Santa Cruz Mountains and East
foothills.
The City of Gilroy has already begun its journey of
embedding and infusing equity into its operations with
General Plan 2040 goals to meet the diverse housing,
recreation, business, and active transportation needs of community members of all incomes, ages, and abilities.
The development of a City Justice, Equity, Diversity, and Inclusion (JEDI) Plan is the next step for establishing a comprehensive, agency-wide policy for advancing racial
equity and removing barriers to racial equity.
The MIG Team is ideally suited to support the City
of Gilroy in advancing racial equity. We bring deep
experience in partnering with cities, counties, and
organizations to:
»Establish shared language and shared JEDI
frameworks
»Set JEDI goals and priorities
»Lead with a racial equity lens
»Assess current practices and policies
»Build staff and organizational capacity to understand
and advance JEDI
Using interviews, surveys, focus groups, and other
input activities, we will assess community perspectives related to racial equity, diversity, and belonging as
well as barriers to accessing City services. Through
exercises, discussions, and presentations, we will help staff strengthen their knowledge of strategies and tools to achieve equity. We will explore frameworks for racial justice efforts that move beyond merely valuing racial
diversity to achieving racial equity. We will explore
how leading with a racial equity lens is an essential
component of a strategy for structural transformation to create equity for all.
We believe there are some essential success factors in
this work:
»Inclusion – The process itself must include all staff, welcome diverse viewpoints, and provide multiple
avenues for accessing the conversation.
»Centering Equity in All of the Work – The plan must
provide a practical blueprint for specific changes to
fully embody and activate a clear focus on equity.
»Articulation – The resulting plan and strategies
must be clear, understandable, and reflective of the
diversity of the organization and its constituencies.
»Data-Driven – The plan must be guided by
information about the organization and the
communities served, fully tailored to the City, and
include measurable goals.
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»Motivation – Both the process and plan must be
educational, engaging, and inspiring, acknowledging
various starting points along the journey and
facilitating growth and new insights on an individual
and collective level.
»Commitment to Implementation – The plan must be
workable and doable, supported and resourced by
the City’s leadership.
Detailed Scope of Work
The MIG Team is pleased to submit this scope
of services and budget to deliver JEDI Plan and
Assessment services to the City of Gilroy to integrate
diversity, equity, and inclusion into the delivery of
City services and operations. We develop holistic
approaches to embedding equity in organizational
culture by bringing diverse communities and
perspectives together to plan for inclusive prosperity, resiliency, and well-being.
A culture of innovation underpins our proposed
approach to this transformational project for the City, with the goals of co-creating solutions and meeting the JEDI needs of the Gilroy staff and community. The MIG
Team is constantly learning from projects and working
to innovate and improve our tools and strategies.
Our proposed scope of work is organized into the
following phases:
»Phase 1: Understanding the Context: Data-gathering
and Analysis
»Phase 2: Developing the JEDI Plan: Policy/plan
Development
»Phase 3: Integrating Changes: Plan Implementation
»Phase 4: Ensuring Success: Monitoring and
Adjustments
PHASE 1: UNDERSTANDING THE CONTEXT:
DATA-GATHERING AND ANALYSIS
Internal
Task 1.1 Project Kickoff Meeting
MIG and the City of Gilroy Project Team (Project Team or City) will meet to initiate the planning process, confirm the project approach and objectives, refine the project scope and timeline, and determine communication
protocols. We anticipate members of the internal
JEDI Team will participate in the kickoff meeting. This meeting will be designed to accomplish the following
objectives:
»Discuss the project schedule
»Confirm key outreach activities and inputs
»Confirm assessment goals and expectations
»Confirm team member roles and responsibilities
»Confirm review process for project materials
MIG staff will design the meeting agenda and provide a
brief summary.
Task 1.2 City Policies Review
We will conduct an inventory and assessment of
the City’s hiring practices and equitable delivery
of City services and operations. The inventory will
include assessments of City JEDI efforts related to
police accountability, library outreach, fire services, permitting, community development, and recreation.
Input from staff, the City’s internal JEDI team, the
Open Government Commission, leaders of each
City Department, and the City Council will inform the
inventory.
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Task 1.3 Key Leaders Interviews (virtual)
MIG will interview City Council members, directors of
every City Department, and other key city leaders to
discuss the JEDI planning process, goals and objectives, and key issues. Interviews with City Department
directors will be informed by the City Policies document review. For JEDI plans and initiatives to succeed, buy-in and support from leadership (e.g., elected officials,
senior executives, Board members) is vital. MIG will
collect input through these interviews on the process
design, training needs, and accountability measures.
Task 1.4 Staff Listening Sessions
MIG will conduct two listening sessions with staff to
collect input on the issues and opportunities facing
City employees from a JEDI perspective. We will
discuss their JEDI needs and ideas on how to equitably
deliver City services and operations. MIG will work
with City staff to identify a wide and representative
range of participants, including representatives from
City departments such as Parks and Recreation,
Police, Planning, Community Development, Library,
and Economic Development, among many others.
Participants will be invited to share their perspectives, attitudes, and experiences related to justice, equity,
diversity, and inclusion and anti-racism in the workplace.
These sessions will be conducted virtually and
will include facilitated discussion with up to 10-20
participants each. We expect these sessions to be
approximately two hours. MIG will design the approach
for the listening sessions, including the length, meeting, and the discussion questions, and will provide a
summary.
Task 1.5 Staff Survey (digital)
By adapting GARE survey as a basis and layering other
experiences and best practices, MIG will develop an
employee survey to assess perspectives, attitudes, and
experiences related to JEDI in the workplace. Using
an online survey platform, the MIG Team will develop
nuanced questions to assess employees’ sense of
belonging, their understanding of key terms such as
equity, anti-racism, and inclusion, and their experiences being their full selves at work, among many other topics.
Accredited resources such as GARE will be referenced
and adapted in developing this survey. MIG will share a draft version of the questionnaire with the Project Team for feedback and input before finalizing.
MIG will finalize the survey after receiving input and
feedback from the Project Team and internal JEDI team.
MIG will test the survey to ensure its functionality on mobile, tablet, and computer devices. Additionally, we
recommend preparing a simplified paper version of the
survey to reach employees who do not have access to
or are uncomfortable with online technology. The final
survey will be available online and via print copies. The survey can be translated into other languages based on
the linguistic needs and preferences of employees.
Given the highly sensitive nature of the survey topics, the results of the survey will only be reported in aggregate and names will not be attached to any data. The MIG
Team will thoroughly analyze the survey results and
identify key themes and findings.
External
Task 1.6 Key Informant Interviews (virtual)
MIG will conduct eight one-on-one interviews virtually
with key stakeholders and community partners to
share critical insights into JEDI needs and emerging
opportunities for Gilroy.
Each of these interviews provides an opportunity for
key individuals (or small groups of 2-3 people) to discuss concerns or issues in a more intimate environment
than that afforded by larger-scale meetings. Individual results from each interview will be reported in
aggregate. MIG will collaborate with City staff to identify potential interviewees. Interviewees may include key
representatives from Gilroy Unified School District,
Gilroy Chamber of Commerce, Gilroy Foundation, Gilroy
Garlic Festival Association, St. Joseph’s Family Center, South County Compassion Center, Salvation Army, local
businesses, and other potential community organizations and nonprofits like Hope Services, Community Solutions, Project Sentinel, or Rebekah Children's Services.
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Each interview will be conducted by phone and/or
online video conference (e.g., Zoom). The interviews
are expected to take approximately one hour. A list of
questions will be developed to guide the interviews
to ensure that consistency is maintained among each
of the parties and interviewers, and that information is gathered in the most efficient way possible.
Task 1.7 Community Focus Groups (in person)
The community focus groups are an opportunity
to collect input from a diverse and targeted set of
community members. MIG will design and lead three
(3) in-person focus groups. Potential participants may
include Spanish-speaking individuals and other people
of color, low-income residents, youth, and seniors. The MIG Team will review and present the demographics
of Gilroy, the purpose and goals of the JEDI Plan,
and the timeline. Participants will be invited to share their perspectives, attitudes, experiences – and most
critically – solutions related to JEDI and anti-racism in the City of Gilroy.
These sessions will be conducted in person and will
include facilitated discussions with 6-10 participants
and open with remarks to provide context and framing
for the discussion. MIG will provide a draft version of the focus group questions for one round of City staff
review before finalizing. We expect these sessions to be approximately 90 minutes long and held on the same
day or on consecutive days. We encourage providing
stipends (e.g., transit passes, cash, or grocery store
cards) to certain community audiences to incentivize
their participation and have included that amount in our proposed budget.
Task 1.8 Analysis of Findings
The MIG Team will thoroughly analyze the survey
and listening session results, identifying key themes
and findings, and solutions to improve engagement,
recruitment, language, and accessibility by the City
of Gilroy. The summary document will also include an
executive summary infographic to provide an illustrative, at-a-glance recap of the results. The MIG Team will
ensure that all data is available and transferred to the City for storage or archival purposes.
PHASE 2: DEVELOPING THE JEDI PLAN: POLICY/
PLAN DEVELOPMENT
Task 2.1 JEDI Capacity-Building
Self-Assessment Tool
In collaboration with the JEDI project team, MIG will
coordinate and deliver a set of training activities for a roster of participants identified by City staff. The
first activity will be for participants to complete a JEDI self-assessment to identify current strengths and areas for improvement from a personal and organizational
standpoint. MIG will tally results and present key
findings to the JEDI project team.
Task 2.2 JEDI Capacity-Building
Training Workbook
Based on the results, MIG will develop and deliver a
customized training workbook. Designed to establish a
shared language and common definitions, the Training
Workbook serves as a training structure that will help
guide participants to engage in honest and brave
conversations. The training is intended to be instructive, as well as interactive, JEDI training that will build
knowledge, skills, and capacity to challenge systemic
racism, understand unconscious bias, and practice
equity in the day-to-day.
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Task 2.3 JEDI Capacity-Building Training
Proposed as a two-day in-person training*, MIG will
coordinate and facilitate a training session for the roster of participants, JEDI Advisory Team, Departmental
Directors, and other staff, as appropriate. Through
creative exercises, discussions, and presentations,
participants will strengthen their knowledge of
strategies and tools to achieve equity. We will explore a framework for racial justice efforts that move beyond merely valuing racial diversity to achieving racial equity.
We will explore how leading with a racial equity lens
is an essential component of a strategy for structural
transformation to create equity for all. During the
training we will dive deep, focusing on best practices
for operationalizing equity and shifting organizational culture, practices, programs, and outcomes.
*The budget proposed is for in-person training but can
be adjusted lower if done virtually.
Task 2.4 JEDI Capacity-Building City Council
Meeting
As a follow-up, MIG also proposes a facilitated and
abbreviated 2–3-hour training for the City Council.
The training will allow us to report the key findings
from the analysis and offer a platform to discuss key
issues brought forth through the staff training. The MIG Team will walk council members through the training
workbook, focus on select sections of the training, and only focus on select key questions for discussion.
PHASE 3: INTEGRATING CHANGES: PLAN
IMPLEMENTATION
Task 3.1 Draft JEDI Definitions and JEDI Statement
Building on input from Phases 1 and 2, MIG will
work with the City Project Team and the City’s JEDI
committee if any, and other advisory groups as
necessary to develop a definition of justice, equity,
diversity, and inclusion and a corresponding Equity in
Gilroy statement. The equity statement will articulate
how JEDI is linked with the City’s goals and objectives and how it benefits the community.
Task 3.2 Draft Goals and Strategies
The training, survey results, and other input activities will lead to the development of a set of draft prioritized Plan goals and strategies. Potential strategies will
be chosen and designed based on anticipated
effectiveness, feasibility of implementation, meeting
community needs, addressing service and program
gaps, and other criteria to be developed. Project Team
staff will be asked to provide one consolidated set of
written edits and comments.
Task 3.3 Staff Forum (virtual)
The staff forum is proposed as a two-hour event that
will bring together staff from across City departments.
Staff will review the key findings from the engagement
activities. Participants will discuss the draft equity
statement, as well as the draft goals and strategies.
As the facilitator of the forum, MIG will develop
an agenda and an interactive process to keep the
discussion focused and to ensure all participants
have an opportunity to provide input and comments.
MIG will document and capture feedback and focus
the discussion on implementable policies and
procedures. The Project Team will schedule the forum in coordination with the staff to ensure it is on a day when all participants can conveniently attend.
Task 3.4 Community Review Event
This is a flexible activity that can take shape as an
in-person or virtual community workshop, an open
house, or a pop-up activity. It is an opportunity to collect input from a broad and diverse array of community
members, including the key informant interviewees.
MIG will present the shared definitions for diversity,
equity, inclusion, and anti-racism. Participants will
discuss the draft equity statement, as well as the draft goals and strategies. As the facilitator of the event,
MIG will develop an agenda and a highly interactive
process to keep the discussion focused and to ensure
all participants have an opportunity to provide input and comments.
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Task 3.5 Draft JEDI Framework
Building on the input from earlier activities and phases, the MIG Team will finalize the draft JEDI Framework
content. The Plan will also outline the implementation
process and action steps, providing clear and high-level direction on staff responsibilities, key benchmarks, and timelines. two sets of consolidated comments.
Task 3.6 Final JEDI Framework
MIG will finalize the JEDI Framework based on the
input and feedback from the internal JEDI team, staff,
City Council, and members of the public. We will work
with our graphics team to design the format and layout
for the JEDI Framework, which will be presented in
InDesign and be made available electronically. Staff
will be responsible for providing photos and finished
maps and graphics for incorporation into the Plan, and
for ensuring that all needed files are shared in a timely fashion. MIG will provide the Final Framework as an
electronic PDF file and original InDesign file.
PHASE 4: ENSURING SUCCESS: MONITORING AND
ADJUSTMENTS
Task 4.1 Ongoing Project Management and
Coordination
The purpose of this task is to ensure a consistent
basis for project management, including contract
administration, invoicing, scheduling, and the timely
delivery of all products and services. To ensure efficient project coordination and implementation, the MIG
project manager will communicate regularly by phone,
email, and in person with the designated Project Team
staff to review progress, discuss emerging issues,
and plan for upcoming activities. MIG will submit the
following formal reports:
Quarterly Reports: Each quarter, MIG will submit a
report to the City describing the activities completed, summarizing the findings to date, and highlighting any
challenges and how they have been resolved.
Task 4.2 Team Meetings
MIG recommends weekly or bi-monthly, one-hour
check-in meetings with the City Project Team for the
duration of the project (roughly 40 meetings). Consistent communication is crucial for keeping everyone on the
same page, problem-solving as a team, and building the
relationships and deeper partnerships needed to work
through the challenges equity efforts can bring. These
meetings will be designed to prepare for employee
input activities and events, review project milestones
and deliverables, and discuss emerging issues and
opportunities. In addition, these meetings will be
used to coordinate with the City’s internal JEDI team.
Meetings will take place by conference call or online
video conference and up to two MIG Team members
will participate in the calls. The MIG Team will prepare agendas and meeting summaries, noting any key
decisions and action items.
Task 4.3 Assessment and Tracking Tool
Included in the implementation process and action
steps will be strategies for measuring progress such
as an online dashboard or matrix tool with Citywide
equity-based goals, benchmarks, and metrics. MIG
will work with the City Project Team to determine what
platform and approach will be most useful for the City to track and assess the progress of JEDI goals.
Task 4.4 Ongoing Implementation Support for
Leadership
The MIG Team will meet up to four times, two hours
each, with the City Project Team and key leadership to
explore the implementation process and action steps—
adaptive leadership approaches, staff engagement
and communication, staff training and coaching,
influencing other system leaders, data tracking and
continuous quality improvement, ongoing community
input—needed to ensure that new policy, procedure,
and practice changes are adopted in daily work. Based
on these meetings, MIG will create an implementation
support plan for leadership. In addition to the
implementation plan, MIG will, at a minimum, assist with the development of the following implementation tools:
»Needs-based prioritization methodologies for
possible funding sources
»Staffing plans
»Project lists
»Grant application processes
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Key Personnel
MIG is proud to present an experienced and deeply
motivated team to provide JEDI Consultant Services
for the City of Gilroy. We have assembled a top team of planners, trainers, and DEI specialists, who have been
selected for their strong expertise in their fields of work as well as for their passion for this project. Importantly, as strategic planners, facilitators, and engagement
experts as well as leaders and members of the Equity
Studio at MIG, our proposed team members have
worked together extensively to achieve success on a
range of projects throughout the country.
Carolyn Verheyen will serve as Principal-in-Charge,
providing project direction to ensure adequate
resources are allocated to the project and adherence
to contractual requirements is maintained. With over 30 years of experience, Carolyn is an expert in facilitation and outreach, social policy planning, community
service delivery, strategic planning, and organizational development. She has led many strategic planning
and organizational development efforts at the county
level that have resulted in best practices working with multi-departmental agencies to acheive consensus.
Project Director Kate Welty specializes in equity-
centered strategic planning, organizational
development, training, and facilitation. With over 25
years of experience, Kate manages large-scale mixed-
methods research efforts using surveys, focus groups,
and key informant interviews. She will provide planning and process design expertise, strategic direction, and
quality control for the entire project. In addition to her role as project director, Kate will serve as lead trainer.
5. Staffing Plan and Staffing Qualifications
MIG Equity Studio Co-Director, Strategic Planner, and
Facilitator Noé Noyola has over a decade of experience
with community outreach, planning, facilitation, and
training. A bilingual Spanish facilitator, he brings cultural understanding and awareness of working with ethnically
diverse and economically disadvantaged communities
through his experience in Salinas, Watsonville, and
throughout California. As Project Manager, Noé will serve as the day-to-day client contact and will be responsible for overseeing deliverables, reviewing draft work products, and allocating project resources.
Deputy Project Manager and Outreach Specialist
Ana Padilla will work closely with Noé and Kate to support project management, coordinating project tasks and
connecting staff and deliverables. A bilingual Spanish
facilitator, she brings an intimate understanding of context- sensitive engagement and equitable institutional changes.
DEI Specialist and Senior Facilitator Lyssa Ichikawa
specializes in equity-centered strategic planning, public outreach, training, and facilitation. Lyssa has navigated processes that create an environment of belonging and
respect, always centering those whose voices are the least historically included.
Project Associate Bridget Brown will support
data-gathering and analysis and policy review,
development, and monitoring. A native of Gilroy, Bridget has a strong and intimate understanding of Gilroy’s
community culture and the challenges and opportunities
that exist in advancing racial equity within the City.
Our proposed key personnel have immediate capacity to
perform this work and are committed to the duration of the project.
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MIG TEAM STRUCTURE
The organizational chart below identifies the overall
MIG Team structure and how our team will respond to
specific project needs.
Kate Welty, Project Director
Noé Noyola, Project Manager
PROJECT MANAGEMENT
PLANNING AND TRAINING
Kate Welty
Lyssa Ichikawa
FACILITATION
Noé Noyola
Lyssa Ichikawa
Ana Padilla
DATA RESEARCH
AND ANALYSIS
Ana Padilla
Lyssa Ichikawa
Bridget Brown
JEDI ENGAGEMENT
SPECIALISTS
Noé Noyola
Lyssa Ichikawa
STAFF QUALIFICATIONS
Detailed resumes, highlighting each individuals
qualifications and relevant experience, are provided on the following pages.
Carolyn Verheyen
Principal-in-Charge
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EDUCATION
»MPA, Hubert H. Humphrey
School of Public Affairs,
University of Minnesota
»BA, Political Science, Columbia
College, Columbia University
Kate Welty
PROJECT DIRECTOR
Kate Welty has over 25 years of experience directing and guiding organizational and systems change for public and nonprofit agencies throughout California and nationally. As a volunteer Court Appointed Special Advocate after college, Kate encountered the well-intentioned, but flawed child welfare system and found her calling. Her expertise was honed by working for and consulting with public, philanthropic, and nonprofit organizations to improve service delivery and outcomes for children, youth, and families. Kate’s work on systems change from multiple vantage points gives her a multifaceted perspective that adds tangible value to clients as they tackle complex problems and identify the most strategic and effective way forward. As the Director of Social Impact for MIG, Kate takes organizational and systems initiatives to the next level – leveraging her knowledge and passion to help clients achieve greater impact and equity with their programs, policies, and plans. With her unique experience and dedication to doing the right thing, Kate offers a highly specialized set of strategic thinking, capacity-building, and activation skills to any organization or agency that seeks to refine its vision and mission. She brings impeccable client service as well as fluid facilitation and process design with a sense of humor and fun to lead organizations in exploring the finer details and defining the steps toward vision and mission realization.
SELECTED PROJECT EXPERIENCE
»Forest Grove Diversity, Equity, and Inclusion Plan and Training, Forest Grove, OR
»Golden Racial Equity, Diversity, and Inclusion (REDI) Action Plan, Golden, CO »Los Angeles County Public Works Equity in Infrastructure Initiative, Los Angeles County, CA
»FIRST 5 Beacon of Hope Demonstration Project Planning, Santa Clara Co., CA »California Continuum of Care Reform Implementation, County of Santa Cruz Human Services Department, Family and Children’s Services Division »Child Welfare Continuous Quality Improvement Training Academy, Children’s Bureau, Administration on Children, Youth and Families
»California Permanency Innovations Initiative Grant Proposal and Implementation Plan, California Department of Social Services »Education Equals Initiative Implementation Plan, Stuart Foundation »California Disproportionality in Child Welfare Breakthrough Series Collaborative, Casey Family Programs and Annie E. Casey Foundation »Institutional Analysis in Fresno and Santa Clara Child Welfare, Center for the Study of Social Policy
»California Differential Response Breakthrough Series Collaborative, East Bay Community Foundation
»San Francisco Department of Early Childhood Strategic Plan 2022-2025 »Child Advocates of Silicon Valley Strategic Plan 2022-2025 »Contra Costa Children's Leadership Council Collective Action Plan 2022-2025
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EDUCATION
»Master of City Planning,
University of California,
Berkeley
»BA, Political Science and
Spanish, Sonoma State
University, Rohnert Park,
California
Noé Noyola
PROJECT MANAGER
With 20 years of experience in facilitation and public engagement, Noé Noyola is a highly skilled and dedicated community planner and facilitation specialist whose projects have addressed the full range of urban planning and design issues—from transportation and housing to economic development and recreation. He is keenly aware of the emotional ties that people have to their communities and strives to acknowledge this so that people will engage more productively and authentically in his projects. Noé’s cultural competency, fluency in Spanish, and mastery of process and meeting facilitation enable him to effectively bridge technical content with impacted, and often under-served, stakeholder communities. As the Co-Director of MIG’s Equity Studio, Noé is skilled in engaging with under-served, equity-based communities including Indian Tribal governments. A creative communicator and facilitator, he ensures an open and balanced exchange of information and ideas that paves the way for collective decision-making and results in positive outcomes.
SELECTED PROJECT EXPERIENCE
»Caltrans Statewide Equity Training, Statewide, CA
»Cross Agency Service Team Countywide Trauma Informed System of Care Framework, Santa Clara County, CA
»Salinas Housing and Community Development Needs Assessment, Bilingual Outreach and Workshops, Salinas, CA
»Green River College Equity-Centered Strategic Plan, Auburn, WA »Golden Racial Equity, Diversity, and Inclusion (REDI) Action Plan, Golden, CO »Los Angeles County Parks Rural and Regional Needs Assessment, Los Angeles County, CA
»Atascadero General Plan Update Community Engagement Program, Atascadero, CA
»San Gabriel Valley Greenway Network Strategic Implementation Plan, Los Angeles County, CA
»Caltrans Public Engagement Trainings for Districts, Statewide, CA »Caltrans D5 Highway 17 Access Management Plan, Community Outreach and Education, Santa Cruz County, CA
»Caltrans Virtual Public Involvement (VPI) Workshop Assistance and Team Support, Statewide, CA
»Caltrans D5 US 101 South SLO County Comprehensive Corridor Plan Public Engagement, San Luis Obispo County, CA
»Caltrans D1 Tribal Planning Summits 2016, 2017, 2019, Del Norte, Humboldt, Lake, and Mendocino Counties, CA
»Interregional Transportation Strategic Plan (ITSP) 2015 & 2021 Public Outreach and Engagement, Statewide, CA
»Caltrans D5 Bicycle and Pedestrian Plan, Community Engagement Strategy, Central Coast, CA
»UC Berkeley Global Campus Development, Community Benefits Facilitation, Richmond, CA
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EDUCATION
»MA, Environmental
Psychology, San Francisco
State University
»BA, Theology, Magna Cum
Laude, University of San
Francisco
PROFESSIONAL AFFILIATIONS
»Environmental Design
Research Association
PRESENTATIONS
»“Engaging Non-Traditional
Participants in Planning and
Design Projects”
Great Valley Center’s Annual
Conference, Panel
»“Community Participation in
Planning” Seminar, University
of California at Davis
Carolyn Verheyen
PRINCIPAL-IN-CHARGE
Carolyn Verheyen is a firm principal and MIG’s Chief Operating Officer with 34 years of program management experience in public participation program design and implementation, process design for community and interagency meetings, facilitation and consensus-building, public opinion research, and strategic and organizational planning. Public, private, and nonprofit clients seek her guidance as an agent of positive and transformative change in improving the lives of the people they serve.
Her work is informed by a deep understanding of how an environment— physical and social—not only shapes human behavior, but also contributes to opportunity, well-being, connection, and sense of purpose. As a facilitator and strategic planner, Carolyn is known for her sensitive listening, objective assessment, peer-oriented coaching, and equity lens. Because many of her projects involve multiple parties of interest, she strives to foster collaboration with a strategic focus that overrides ego, competition, and organizational or jurisdictional boundaries, resulting in better experiences and outcomes for everyone.
SELECTED PROJECT EXPERIENCE
»Marin County Racial Equity Plan, Marin County, CA
»Forest Grove Diversity, Equity, and Inclusion Plan and Training, Forest Grove, OR
»Marin County Racial Equity Plan, Marin County, CA
»Los Angeles County Public Works Equity in Infrastructure Initiative, Los Angeles County, CA
»Cross Agency Service Team Countywide Trauma Informed System of Care Framework, Santa Clara County, CA
»Santa Clara County School-Linked Services Strategic Plan, Santa Clara County, CA
»Sí Se Puede Collective Strategic Plan, San Jose, CA
»Moorland Healthy Neighborhood Plan, Sonoma County, CA
»First 5 Los Angeles Best Start Initiative Community Assessment, Los Angeles County, CA
»Oakland Fund for Children and Youth Strategic Plan, Oakland, CA »Eastern Coachella Valley Building Healthy Communities Ten Year Plan, Coachella Valley, CA
»Palo Alto Project Safety Net, Santa Clara County, CA
»San Francisco Office of Early Care and Education Organizational Development Plan, San Francisco, CA
»First 5 San Francisco Strategic Plan 2016-2021, San Francisco, CA »First 5 Executive Directors Visioning Retreat, Statewide, CA
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EDUCATION
»BS, City and Regional
Planning, Minor in Sustainable
Environments, California State
Polytechnic University,
San Luis Obispo
Ana Padilla
DEPUTY PROJECT MANAGER / BILINGUAL FACILITATOR
Ana Padilla has six years of experience in public engagement and policy planning. She has applied her skill in research, analysis, writing, and development of materials across many areas with an eye toward equity, including transportation, housing, and parks and recreation. She possesses a strong background in current and long-range planning, and relationship building, and is receptive to new topics. Her education has contributed to an intimate understanding of context-sensitive engagement and equitable institutional changes.
Ana is a skilled and adaptable communicator with intermediate fluency in reading, writing, and speaking Spanish. Her role in the various conversations has varied based on the scale of the audiences and stakeholders involved.
She has managed and recruited focus groups specific to youth, seniors, and monolingual Spanish speakers. Ana has consulted and supported various engagement efforts, including conversations sensitive to the housing crisis, institutional changes, and basic needs for living comfortably and safely.
SELECTED PROJECT EXPERIENCE
»Caltrans Equity Training, Statewide, CA
»Forest Grove Diversity, Equity, & Inclusion Plan and Training, Forest Grove, OR
»Golden Racial Equity, Diversity, and Inclusion Action Plan, Golden, CO »Green River Community College Equity Visioning Plan, Green River, WA »MTC-Fastrak Equity Pilot Toll Program, San Francisco Bay Area, CA »Mt. Hood Community College, Strategic Plan, Gresham, OR »California Institute for Rural Studies, Institute of Rural Studies; Infographics and Design Services, San Joaquin Valley, CA
»Bilingual Climate Action and Adaptation Plan Outreach Assistance, Halfmoon Bay, CA
»Yurok Lands Act Multi-Tribal Facilitation, Eureka, CA
»Caltrans District 5 Bicycle and Pedestrian Plan, Central Coast, CA »Caltrans Transportation Academy, Statewide, CA
»Santa Rosa General Plan Update, Santa Rosa, CA
»Santa Ana Parks, Facilities, Trails, and Open Space Master Plan, Santa Ana, CA
»Franklin Boulevard Complete Streets Visualization, Sacramento, CA »City of Sacramento Parks Master Plan, Sacramento, CA
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Lyssa Ichikawa Bridget Brown
PROJECT ASSOCIATE
Bridget Brown has four years
of experience in public policy,
research, and community
engagement. As a Council
Assistant, Bridget worked with
community members, businesses, stakeholders, and
government agencies to address issues ranging from
COVID-19 recovery and public safety to transportation
and housing for constituents in District 3, Downtown San José. Her writing, design, and communications skills have contributed to a range of public education and engagement materials, including newsletters, press releases, social media posts, and policy reports. Bridget is dedicated to policymaking and reform to enhance quality of life for
those whose needs have not been prioritized in the past.
Her experience with the intricacies of city government and interaction with the public enable her to support a variety of planning and engagement processes to ensure that
project outcomes are community-centered and equitable.
Bridget was born and raised in Gilroy and has a strong and intimate understanding of Gilroy's community culture and the challenges and opportunities that exist in advancing racial equity within the City. While living in Gilroy, Bridget was an active volunteer and coordinated fundraising and donation efforts between Gilroy nonprofits and Christopher High School. In 2015 Bridget was the recipient of the Susan Valenta Youth Leadership Award (Chamber of Commerce
Spice of Life Awards) and served as the 2015 Gilroy Garlic Festival Queen.
EDUCATION
»BA, Political Science & Public Affairs, University of
California, Los Angeles
PROFESSIONAL AFFILIATIONS
»New Leaders Council, Fellow
PUBLICATIONS
»“In Gilroy and beyond, unchallenged racism contributes to violence”, San Francisco Chronicle, 2019
SELECTED PROJECT EXPERIENCE
»Forest Grove Diversity, Equity, and Inclusion Plan,
Forest Grove, OR
»Los Angeles County Public Works Equity in Infrastructure Initiative, Los Angeles County, CA
»Richmond Green-Blue New Deal Workforce
Development Plan, Richmond, CA
»San Diego County Environmental Justice Element
Criteria, San Diego County, CA
SENIOR FACILITATOR
Lyssa Ichikawa (she/they) has
over 15 years of experience
creating and facilitating
diversity, equity, inclusion
projects that are based in
social justice and anti-oppression practices. With a
collaborative and receptive approach, Lyssa uses
her background in education to holistically support
processes of change within organizations from personal
identity work to systemic and structural policy. She has project management experience in long- and short-term
scope and sequence and is skilled in reaching individuals and organizations exactly where they are at while
encouraging them to move forward in sustainable ways.
Lyssa models a flexible, growth mindset, and a heart-
centered approach. Her passions in intersectionality and gender/queer justice inform her work as a co-conspirator both personally and professionally.
EDUCATION
»MS, Education, Bank Street College of Education
»BFA, Theater, The New School
PRESENTATIONS
»Across Colors Diversity Conference, Topic: Examining
Racism and the AAPI Community, December 2021
»Visionary Art Collective, Topic: Building an
Anti-Oppression Practice, December 2021
»The Discovery Channel, Topic: Intersections of Gender, Queerness, and BIPoC Identity, July 2022
SELECTED PROJECT EXPERIENCE
»Los Angeles County Public Works Equity in
Infrastructure Initiative, Los Angeles County, CA
»Forest Grove Diversity, Equity, and Inclusion Plan and Training, Forest Grove, OR
»Livermore Title VI Program and Implementation Plan,
Livermore, CA
»Liberation Consulting – curriculum design, workshop
facilitation, and strategic planning services*
»Agape Villages Supporting Gender Nonconforming
Youth in the Child Welfare System – curriculum design
and facilitation*
»Deconstruction Club Anti-Racist Media and Action
Guide – curriculum design and facilitation*
»Westside Neighborhood School; Co-Director of
Diversity, Equity, and Inclusion, Los Angeles, CA*
* Completed prior to joining MIG
8.1.b
Packet Pg. 96 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
City of Gilroy | JEDI Consultant Services 21
City of Gilroy I JEDI Plan Services
Hrs@ $310 Hrs@ $155 Hrs@ $225 Hrs@ $155 Hrs@ $120 Hrs@ $120 Phase 1 Understanding the Context: Data Gathering and Analysis
1.1 Project Kickoff Meeting 2 $620 4 $620 2 $450 0 $0 0 $0 4 $480 12 $2,170 $0 $2,170
1.2 City Policies Review 0 $0 6 $930 2 $450 8 $1,240 0 $0 20 $2,400 36 $5,020 $0 $5,020
1.3 Key Leaders Interviews (virtual)1 $310 8 $1,240 4 $900 8 $1,240 4 $620 20 $2,400 45 $6,090 $0 $6,090
1.4 Staff Listening Sessions 0 $0 12 $1,860 4 $900 8 $1,240 6 $930 20 $2,400 50 $6,400 $0 $6,400
1.5 Staff Survey (digital)0 $0 8 $1,240 2 $450 2 $310 8 $1,240 16 $1,920 36 $3,920 $300 $4,220
1.6 Key Informant Interviews (virtual)0 $0 12 $1,860 0 $0 8 $1,240 4 $620 16 $1,920 40 $5,020 $0 $5,020
1.7 Community Focus Groups (in person)0 $0 16 $2,480 2 $450 2 $310 8 $1,240 24 $2,880 52 $6,120 $2,000 $8,120
1.8 Analysis of Findings 2 $620 10 $1,550 2 $450 6 $930 4 $620 20 $2,400 44 $5,950 $0 $5,950 Subtotal 5 $1,550 76 $11,780 18 $4,050 42 $6,510 34 $5,270 140 $16,800 315 $40,690 $2,300 $42,990 Phase 2 Developing the JEDI Plan: Policy/Plan Development
2.1 JEDI Capacity-Building Self-Assessment Tool 1 $310 8 $1,240 2 $450 4 $620 4 $620 16 $1,920 35 $4,540 $0 $4,540
2.2 JEDI Capacity-Building Training Workbook 1 $310 12 $1,860 2 $450 16 $2,480 8 $1,240 18 $2,160 57 $7,260 $0 $7,260
2.3 JEDI Capacity-Building Training 1 $310 24 $3,720 2 $450 24 $3,720 8 $1,240 24 $2,880 83 $11,080 $1,000 $12,080
2.4 JEDI Capacity-Building City Council Meeting 1 $310 8 $1,240 6 $1,350 2 $310 2 $310 8 $960 27 $4,170 $0 $4,170 Subtotal 4 $1,240 52 $8,060 12 $2,700 46 $7,130 22 $3,410 66 $7,920 202 $27,050 $1,000 $28,050 Phase 3 Integrating Changes: Plan Implementation
3.1 Draft JEDI Definitions and JEDI Statement 0 $0 4 $620 2 $450 8 $1,240 2 $310 8 $960 16 $2,310 $0 $2,310
3.2 Draft Goals and Strategies 0 $0 6 $930 4 $900 12 $1,860 2 $310 12 $1,440 24 $3,690 $3,690
3.3 Staff Forum (virtual)0 $0 10 $1,550 4 $900 8 $1,240 4 $620 16 $1,920 26 $3,690 $3,690
3.4 Community Review Event 0 $0 16 $2,480 2 $450 4 $620 8 $1,240 20 $2,400 30 $3,550 $3,550
3.5 Draft JEDI Framework 2 $620 18 $2,790 6 $1,350 8 $1,240 6 $930 24 $2,880 40 $6,000 $6,000
3.6 Final JEDI Framework 2 $620 12 $1,860 4 $900 8 $1,240 0 $0 15 $1,800 26 $4,620 $4,6203 14 $0 $0 $0 $0 $0 0 $0 $0Subtotal 4 $1,240 66 $10,230 22 $4,950 48 $7,440 22 $3,410 95 $0 162 $23,860 $0 $23,860 Phase 4 Ensuring Success: Monitoring and Adjustments
4.1 Ongoing Project Management and Coordination 2 $620 12 $1,860 0 $0 0 $0 4 $620 16 $1,920 34 $4,400 $0 $4,400
4.2 Team Meetings (40)0 $0 40 $6,200 8 $1,800 0 $0 2 $310 8 $960 58 $8,960 $0 $8,960
4.3 Assessment and Tracking Tool 0 $0 8 $1,240 2 $450 8 $1,240 2 $310 8 $960 28 $2,930 $2,930
4.4 Ongoing Implementation Support 0 $0 12 $1,860 2 $450 8 $1,240 0 $0 16 $1,920 38 $3,550 $3,550 Subtotal 2 $620 72 $11,160 12 $2,700 16 $2,480 8 $1,240 48 $5,760 158 $19,840 $0 $19,840 15 $4,650 266 $41,230 64 $14,400 152 $23,560 86 $13,330 349 $30,480 837 $111,440 $3,300 $114,740 5% Markup (Direct Costs)$165 $165
$114,905
Optional Task Budget
0.1 Annual Reports (X2)$4,000
Professional
Fees
Totals
MIG, Inc.
MIG
Totals
Ana Padilla
Bilingual Facilitator
e s t i m a t e d p r o j e c t c o s t Direct
Costs
TOTAL PROJECT COSTS
SUBTOTAL
Bridget Brown
Project Associate
Carolyn Verheyen Noe Noyola
Project Manager Principal-in-Charge
Kate Welty
Project Director Senior Facilitator
Lyssa Ichikawa
MIG, Inc. FFeeee PPrrooppoossaall
6. Budget
Estimated Project Cost
We have provided here our estimated project cost to complete the JEDI Plan, implementation, and monitoring. Should we be selected, MIG will review each assignment’s objectives carefully with City staff and will tailor our scope and cost to best meet Gilroy's needs and resources.
8.1.b
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22 City of Gilroy | JEDI Consultant Services
7. Performance Measures and Reporting
Year 2023 2024
Month (Estimate)JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
PHASE TASK
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
1.0 Understanding the Context: Data-gathering and Analysis
1.1 Project Kickoff Meeting
1.2 City Policies Review
1.3 Key Leaders Interviews (virtual)
1.4 Staff Listening Sessions
1.5 Staff Survey (digital)
1.6 Key Informant Interviews (virtual)
1.7 Community Focus Groups (in person)
1.8 Analysis of Findings X
2.0 Developing the JEDI Plan: Policy/Plan Development
2.1 JEDI Capacity-Building Self-Assessment Tool
2.2 JEDI Capacity-Building Training Workbook
2.3 JEDI Capacity-Building Training
2.4 JEDI Capacity-Building City Council Meeting
3.0 Integrating Changes: Plan Implementation
3.1 Draft JEDI Definitions and JEDI Statement
3.2 Draft Goals and Strategies
3.3 Staff Forum (virtual)
3.4 Community Review Event
3.5 Draft JEDI Framework
3.6 Final JEDI Framework
4.0 Ensuring Success: Monitoring and Adjustments
4.1 Ongoing Project Management and Coordination
4.2 Team Meetings
4.3 Assessment and Tracking Tool
4.4 Implementation Support
MMIIGG 1 of 1
Methodologies
In our equity work, we have partnered with our clients to do two primary types of analysis:
1. Assessing performance through an equity lens
2. Mapping investments and overlaying equity based indicators For the first, MIG works with the client to understand their outcomes and accountability process. For example, Los Angeles County uses Results Based Accountability. Our client, Los Angeles County Public Works (PW), tracks data toward a series of performance measures that align with population indicators and outcomes. We are currently working with PW to collect and disaggregate performance data to understand if some communities experience disparate outcomes. We are also helping them build out a dynamic data system that we provide real-time information so that the organization can continue this analysis of disparity and modify policy and programming to achieve more equitable results.
Project Schedule
Per our proposed Scope of Work, we propose this
schedule to complete the project.
For the second, we have conducted spatial mapping for a number of clients to assist them in understand resource investment. Again, for our PW project, we gathered data on investment from five years back and two years forward and mapped those investments. We then overlaid the investment data with data on disadvantaged communities. We used the Climate and Economic Justice Screening Tool (CEJST), the tool be developed to inform the Justice 40 Initiative, to identify disadvantaged communities. The outcome was a set of maps that assist PW in understanding what percentage of their current investment is in disadvantaged neighborhoods. In other projects, we have also used the CAL Enviro Screen and CalEPA Disadvantages Communities to understand disparity in planning and investment.
8.1.b
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City of Gilroy | JEDI Consultant Services 23
RELATED JEDI SERVICES
SELECT MIG PROJECTS Equity-Centered Training & Capacity-BuildingMulti-Stakeholder FacilitationCommunity Engagement & OutreachSocial Justice & JEDI/DEI/IDEA/REDI FrameworksAffinity & Employee Resource Group Facilitation Accessibility & Disability JusticeEquity-Centered Strategic PlanningConflict Resolution & Decision-MakingHybrid Engagement (In-Person & Virtual) Caltrans Advancing Equity Training for Public Engagement, Statewide, CA
Forest Grove Diversity, Equity, and Inclusion Plan and
Training, OR
Green River College Equity-Centered Strategic Plan,
Auburn, WA
Santa Clara County System-wide Framework for Trauma
Informed, Healing-Centered Care
Los Angeles Department of Public Works Equity Plan Marin County Race Equity Planning Committee
Salinas Bilingual Planning and Community Engagement
Activities; Visión Salinas, Salinas Housing and Community Development Needs Assessment, and Farmworker Housing
Summit Facilitation
Mt. Hood Community College Equity-Centered Strategic
Plan Strategic Plan, Gresham, OR
Golden Racial Equity Diversity and Inclusion Action Plan, CO Si Se Puede! Collective Strategic Plan, East San Jose Broadway ATP Equity Project, Los Angeles
Engage Moval: Outreach Toolkit for Disadvantaged
Communities, Moreno Valley
Bend Park and Recreation Comprehensive Plan and
Equity and Inclusion Engagement, OR
Sacramento County Equity-Centered Park and Recreation
Master Plan
Charlotte 2040 Equity-Focused Comprehensive Plan,
Charlotte, NC
Jewish Family Service of San Diego Blueprint, San Diego Malibu Homelessness Strategic Plan
Relevant Experience
MIG’s relevant projects are highlighted in this table and on the following pages. We invite you to contact the
clients identified regarding our ability to provide JEDI services and engage and facilitate diverse staff and
stakeholders in these efforts.
8. References
8.1.b
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24 City of Gilroy | JEDI Consultant Services
Caltrans Statewide Equitable
Engagement Training
In the wake of social justice protests and a national
reckoning on long-standing racial inequalities, centering equity and inclusion in public engagement and outreach
is now a more important priority for organizations
and agencies than ever. MIG is committed to building
agency capacities to engage with the multilingual
and multiracial communities they serve because we
know thoughtful and meaningful inclusion is absolutely
necessary to inform effective policies, programs, and
planning.
Caltrans engaged MIG to develop and facilitate an
immersive, interactive Statewide Equitable Engagement
Training program to build knowledge, skills, and
capacity of staff to design and implement equitable
engagement. MIG developed eight Training Curriculum
Modules and an Equity Workbook, as well as a
Train-the-Trainers Program with accompanying Equity
Workbook for Trainers to prepare Caltrans staff to
sustain agencywide equitable public engagement work
through future training sessions using the curriculum
and materials.
The training modules used a variety of methods
to support all types of learners including short
subject-matter presentations, small- and large-group
discussions, activities for personal introspection,
polls, videos, and other features. Caltrans staff who
participated in the Train-the-Trainers-Program continue to use these materials to train their staff in equitable engagement principles.
With a shared understanding of what equitable
community engagement could look like within Caltrans’
work, staff now have improved capacity to authentically engage diverse communities, especially traditionally
underrepresented or disadvantaged communities
that are likely to be most impacted by transportation
planning. This training will enable Caltrans staff to more equitably serve California residents and thus, provide
better outcomes for all communities.
CLIENT CONTACT
Bruce Kemp, AICP, Branch Chief
California Department of Transportation
Equity, Engagement, and Health Branch
(916) 594-1341 | [email protected]
8.1.b
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City of Gilroy | JEDI Consultant Services 25
City of Forest Grove Diversity, Equity, and
Inclusion Plan and Training
The City of Forest Grove developed a Diversity, Equity, and Inclusion (DEI) Plan to support the City Council’s
goal of promoting diversity, equity, and inclusion in the delivery of city services and operations. In October
2020, the City contracted with MIG to train staff and
leadership on DEI concepts, conduct community
outreach efforts, and develop a plan on how to
incorporate these concepts into the delivery of city
services. The overarching goal of the planning process
is to assist the City in providing equitable services to everyone in the community, as well as identifying and
removing barriers to access.
To launch this effort, MIG presented the approach
and racial equity framework to the City Council and
all department heads to collect their early input on
the process. In Phase 1, MIG conducted a series of
interviews, focus groups, and an online staff survey to surface the strengths and challenges as it relates to
DEI. For each of these staff engagement activities, MIG developed nuanced questions to assess employees’
sense of belonging, their understanding of key terms
such as equity, anti-racism, and inclusion, and their
experiences being their full selves at work, among many other topics.
CLIENT CONTACT
Elizabeth Stover, Communications/Program Manager
City of Forest Grove
(503) 992-3298 | [email protected]
Green River College Equity-Centered
Strategic Plan 2021-2026
Recent declines in undergraduate enrollment could
mean loss of opportunity for half-a-million fewer
students eventually leading to half-a-million fewer
skilled workers supporting families, businesses, and
the economy. Most impacted by this disturbing trend
are community colleges and people of color and low
income.
To navigate these challenges, Green River College
embarked on a forward-thinking planning process to
define a vision, mission, and set of values that will move the College toward building and working in a more
equitable community. With its Equity Studio expertise,
MIG designed and helped the College conduct a
process of self-examination, external analysis, and
community engagement to develop an Equity-Centered
Strategic Plan that will guide the College into 2026.
A 34-member Steering Committee representing all
campus constituencies worked closely with MIG to
lead the process, which took place virtually. MIG
examined the current state of the College, how it
got there, and what opportunities and/or threats lay
ahead. In addition to quantitative research, MIG, the
Steering Committee, and College leadership gathered
qualitative data through stakeholder interviews,
focus groups, and an online survey. The resulting
Environmental Scan became the basis for discussing
and constructing a Strategic Plan Framework to
embed equity and anti-racism throughout the College
system—from instruction, administration, and operations to hiring, professional development, and recruitment.
8.1.b
Packet Pg. 101 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
26 City of Gilroy | JEDI Consultant Services
Two collegewide charrettes, attended by hundreds
of College constituents, helped define equity and
solicited input on a mission, vision, and goals. With the Framework in place, seven Working Groups developed
recommendations for Objectives and Success Measures
for each identified goal while an eighth developed final drafts of the College’s Equity, Mission, Vision, and Value Statements.
MIG led the Steering Committee in consolidating
and crafting the Administrative Draft Plan, which was
presented in a Town Hall and an online comment forum
for input and feedback from the College community.
Based on this feedback, the Final Draft Plan was
completed and presented to the College Board of
Trustees for approval and adoption. The adopted Plan
will steer the College toward becoming an inclusive,
equitable institution that provides opportunities for
education and advancement for all who seek them.
CLIENT CONTACT
Dr. Suzanne Johnson, President
Green River College
(253) 288-3340 | [email protected]
Santa Clara County Cross-Agency Service
Team System-wide Framework for Trauma
Informed, Healing-Centered Care
MIG assisted the Cross-Agency Service Team (CAST)
of Santa Clara County in developing a System-wide
Framework for trauma-informed, healing-centered
care. MIG designed and facilitated a planning process
that engaged CAST leaders and department staff in
creating an evidence-based framework that effectively
addresses client and caretaker trauma throughout the
County’s system of care. Using multi-method analytical
approaches, MIG helped guide CAST in developing
strategic recommendations to achieve system-wide
practice changes.
MIG facilitated in-depth bilingual discussions and
led context-sensitive activities with County staff and
community members from across the county in regarding
the intersection of identity, race, culture, and power in the service delivery system. The concepts, principles, and
practices of racial equity and cultural humility are infused throughout the System-wide Framework as the County
strives to dismantle systemic bias and individual implicit bias in the service of deep equity.
MIG is currently providing ongoing implementation
support, monitoring, and technical assistance to promote the steady shift of the County’s service system to a
trauma informed and healing-focused system of care.
CLIENT CONTACT
Debra Porchia-Usher, Chief Deputy Director
Santa Clara County Social Services Agency
(408) 755-7709 | [email protected]
8.1.b
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City of Gilroy | JEDI Consultant Services 27
City of Salinas Bilingual Planning and
Community Engagement Initiatives
MIG has assisted the City of Salinas—a community with
approximately 75% Latino residents—in developing
a multitude of bilingual and bicultural community
engagement programs over the course of 7 years.
Starting 2015, MIG led a Housing and Community
Development Needs Assessment that included 6
bilingual workshops, budgeting exercises, and an
online survey, all to help the city establish priority
policies and plans for housing, parks, recreation, and
economic development. MIG has worked to develop
the Chinatown Revitalization Plan to foster positive
community development, arts, and open space for
the city’s historic Chinatown, a neighborhood with
critical socio-economic challenges. Later, when Salinas embarked on building a new Police Headquarters,
MIG assisted the city in facilitating a robust community dialogue through bilingual outreach materials,
stakeholder interviews, organizational briefings, a
community-wide survey, workshops, direct in-person
outreach to businesses, and presentations to City
Council. The outreach efforts coalesced around Visión
Salinas, a project that coordinates various planning
programs and activities into a cohesive focus on the
future of Salinas, under an overarching umbrella to
transform and strengthen its future. Visión Salinas
acts as a unifying bridge between the City's planning
initiatives and has become a foundation for community
visioning and outreach for the current General Plan
update.
Through this platform, MIG worked on multiple levels
to raise awareness and collaboration both internally
and externally by developing a unifying project identity, building a bilingual project web portal, facilitating
outreach training, generating infographics and
public-facing materials that communicate consistent
information in a manner that is accessible, clear,
and bilingual. MIG has also assisted with additional
projects including facilitation of a Farmworker Housing Summit and farmworker survey infographics, and is
currently leading engagement around the design and
development of the Hebbron Family Center.
CLIENT CONTACT
Lisa Brinton, Planning Manager
City of Salinas, Community Development Department
(831) 775-4239 | [email protected]
Los Angeles County Public Works
Equity in Infrastructure Initiative
The Equity in Infrastructure Initiative is a re-imagining and transformation of the Los Angeles County
Department of Public Works (Public Works) and how it
serves communities with equity to meet the challenges
of the 21st Century—resulting in better life outcomes
for all. Following the Los Angeles County Board of
Supervisors’ unanimously approved motion to establish
an Anti-Racist County policy agenda, MIG began
working with Public Works to identify the inequities in the planning, delivery, and distribution of its services to create a new approach that will drive infrastructure funding to underserved communities.
8.1.b
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28 City of Gilroy | JEDI Consultant Services
Equity requires digging deeper and MIG is guiding
Public Works to look beyond assumptions and project
checklists and establish long-term relationships with
communities to learn how to best serve local needs.
Through this groundbreaking project, Public Works is
centering equity in all its programming and services as it builds a safer, more resilient Los Angeles County and provides equal access to transportation, green spaces,
clean water, sanitation, internet, and energy for all
communities.
CLIENT CONTACT
Alicia Ramos, Capital Projects Program Manager
Los Angeles County Public Works
(626) 614-6546 | [email protected]
County of Marin Race Equity Action Plan
The County of Marin is taking meaningful steps to build an anti-racist and multicultural organization by actively working with community to shift longstanding inequities.
The effort is informed by a new committee of residents
whose lived experiences and perspectives will help
shape a new, countywide Race Equity Action Plan.
The County contracted with MIG to design and facilitate the Race Equity Planning Committee, comprised of
22 community members including Black, Indigenous
and people of color, youth, seniors, undocumented
and under-documented individuals, and LGBTQIA+
individuals, among others. MIG is providing equity-
centered process design, facilitation and consensus-
building to assist the Committee in identifying goals,
priority initiatives and accountability indicators.
The Race Equity Planning Committee will assist the
County in revising the 2017 Racial Equity Action
Plan. Many of the initiatives laid out in the 2017 plan have been initiated, but there is so much more to be
done. This Committee will review the plan and make
recommendations on necessary changes in light of
urgent calls for civil rights, social justice, inclusivity, diversity and equity within Marin County.
Using inclusive engagement techniques, the MIG Team
is co-creating an updated Racial Equity Action Plan that is inclusive of employees and community, and includes
new tools to address and rectify longstanding biases,
structural, and institutional racism.
CLIENT CONTACT
Jamillah Jordan, Equity Director
County of Marin Office of the County Administrator
(510) 301-5674 | [email protected]
8.1.b
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City of Gilroy | JEDI Consultant Services 29
Acknowledgement
MIG, Inc., has no financial, business, or other
relationship with the City that may have an impact upon the outcome of this contract.
9. Conflict of Interest Statement
8.1.b
Packet Pg. 105 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
30 City of Gilroy | JEDI Consultant Services
Acknowledgement
MIG, Inc., has reviewed the City’s Sample Agreement
and has no objections or changes to the standard
contract language.
10. Comments on or Requested Changes to Contract
8.1.b
Packet Pg. 106 Attachment: MIG Proposal_Gilroy JEDI Consultant Services (4059 : JEDI Consultant Bid Award)
DIVERSITY AND INCLUSION
Action Plan 2023-2027
RACIAL EQUITY
8.1.c
Packet Pg. 107 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
CONTENTS
ACKNOWLEDGMENTS ................................................................... 1 LAND AND RECONCILIATION ACKNOWLEDGEMENT ............ 2 EXECUTIVE SUMMARY ................................................................... 3 CHAPTER 1: INTRODUCTION AND CONTEXT ............................ 4 CHAPTER 2: STAKEHOLDER ENGAGEMENT ............................. 8 CHAPTER 3: GOALS, STRATEGIES, AND ACTIONS ................... 11 CHAPTER 4: IMPLEMENTATION GUIDANCE AND TOOLS ....... 15 CHAPTER 5: NEXT STEPS .............................................................. 18 APPENDIX A: GLOSSARY OF KEY TERMS .................................. 21 APPENDIX B: COMMUNITY ENGAGEMENT SUMMARY ........... 24 APPENDIX C: ACTION PLANNING CONSIDERATIONS ............. 30
8.1.c
Packet Pg. 108 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
CITY COUNCIL
Mayor Laura Weinberg
Councilor JJ Trout
Mayor Pro Tem, District 1,
Justice, Equity, Diversity,
and Inclusion Subcommittee
Councilor Robert Reed
Ward 1, Justice, Equity,
Diversity, and Inclusion
Subcommittee
Councilor Casey Brown
District 2
Councilor Paul Haseman
Ward 2
Councilor Don Cameron
Ward 3
Councilor Bill Fisher
Ward 4
CITY STAFF
Carly Lorentz
Deputy City Manager, Justice,
Equity, Diversity, and Inclusion
Subcommittee
Kristen Meier
Human Resources Director,
Justice, Equity, Diversity, and
Inclusion Subcommittee
ACKNOWLEDGEMENTS
Many thanks to members of the Golden community who responded to the survey and attended focus groups and meetings to guide this effort.
We also want to express appreciation to City Council and staff for their participation in envisioning and activating the City of Golden Racial Equity, Diversity, and Inclusion (REDI) Action Plan:
1RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
8.1.c
Packet Pg. 109 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
We begin by acknowledging the First Peoples, the Hinono’ei (Arapaho), Tsistsistas or Tsétsėhéstȧhese (Cheyenne) and Núuchiu (Ute), as the stewards and relatives of this ancestral territory that was seized from them in what is now known as Golden, Colorado. With respect to their elders, past and present, we recognize the original caretakers of this land, air, and water.
We make this statement to show respect, honor the truth, and encourage more substantive, sustained action to
correct the false narratives and hostile practices that seek to erase Indigenous peoples’ histories, cultures, and daily presence in a colonized world.
We commit to highlighting true stories of the people who were and are already here and to address harm, work to build trusting relationships, and engage in restorative collaboration with Native communities.
We recognize as we move forward in the spirit of diversity, equity, and inclusion, that we must hold ourselves and each other accountable so that we can move forward with a spirit of belonging, reconciliation, and justice.
We recognize that all members of the community of Golden, Colorado are needed in this work.
LAND AND RECONCILIATION ACKNOWLEDGEMENT
2RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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EXECUTIVE SUMMARY
CALL TO ACTION
To achieve Golden’s vision, we encourage City partners and community members to commit to taking action in your own spheres of influence. Within the goals highlighted on the following pages, we outline strategies that are responsive to our community’s needs and aligned with international equity, diversity, and inclusion best practices. With the energy, commitment, and passion of all of us working together, we will achieve our vision of Golden as a diverse, inclusive community and a place for all people to feel valued, safe, and included.
COMMUNITY-DRIVEN PROCESS
Developed through a dynamic and community
driven process, the REDI Action Plan reflects the
perspectives, interests, and priorities of a diverse
cross-section of Golden community members.
Over 250 community members participated in a
broad range of outreach activities including:
»Key Influencer Interviews
»Focus Groups
»Community Survey
»Equity Training for City Council, Executive
Management Team, and City Staff
»City Staff Listening Sessions
»Baseline Equity Assessment
GOALS
We recognize this work will be ongoing, and this
plan aims to lay out strategies and actions over five
years to achieve the following goals:
»Goal 1: Cultivate a culture of inclusion and
belonging in the City.
»Goal 2: Increase access to services and resources
for diverse community members.
»Goal 3: Foster an organizational culture and
environment committed to racial equity, diversity,
and inclusion.
»Goal 4: Expand economic opportunity for diverse
businesses.
The Racial Equity, Diversity, and Inclusion (REDI) Action Plan identifies goals, strategies, and actions to achieve a vision of Golden as a place where all are welcomed, included, represented, honored, and treated fairly, regardless of identity or ability. The City understands that diversity is intersectional; race intersects with gender identity, ability, age, economics, and sexual orientation. We are leading with race because we recognize that racial inequities are widespread and damaging. And we know that measures that increase inclusion for Black, Indigenous, and People of Color also make life better for all. 3RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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INTRODUCTION AND CONTEXT
Chapter 1
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GOLDEN COMMUNITY
A former gold rush town founded in 1859, Golden is a
center for intellectual development with with engaged
and connected neighbors. The City is home to the
reputable Colorado School of Mines, as well as the
famous Coors Brewery. Rich with scenic beauty and
outdoor activities, Golden draws visitors from near
and far. This charming, walkable community, with its
iconic Golden Welcome Arch, is known for its friendly
residents. Golden continues to grow and thrive today.
Racism in Golden’s History
A recent study titled Indigenous Connections: Native
American Ethnographic Study of Golden, Colorado
and the Clear Creek Valley concludes that while Native
Americans have connections to the Clear Creek Valley
that date back more than 12,000 years, the modern
narrative of the region largely excludes Indigenous
people and their values. The study, which was funded
by a Certified Local Government grant from the
Colorado State Office of Archaeology and Historic
Preservation at History Colorado, is an encouraging
first step in building collaborative and positive
relationships between American Indian tribes, the City
of Golden, and other Front Range communities.
While Spaniards arrived in 1593, it was the discovery
of gold in Colorado in 1858 that prompted the
major shift in tribal relations. As the study points
out, the growth of American settlements in what is
now Golden was made possible by the increasingly
punitive military campaigns and policies against
the Indigenous groups in the region. From the Euro-
American perspective, treaties afforded a legal way
to erode Native American land holdings and promote
the permanent settlement of Colorado by Euro-
Americans on aboriginal territory. But the Federal
government failed to uphold treaty terms and protect
the recognized tribal territories from the influx of
American miners, settlers, and hunters. Tribes were
relocated to reservations, which severely limited their movement and ability to travel across ancestral lands.
In other cases, peaceful tribal groups were massacred.
In the 1920s, the Ku Klux Klan (KKK) had a powerful
influence in Colorado, particularly in Denver. The group had successfully infiltrated the highest levels of local government. In A History of Golden Zoning, author
Don Cameron illustrates how “R1 zoning, as laid out in
the city code, shows a direct link from racist covenants to restrictive covenants, to exclusionary zoning all of which kept housing out of the hands of Blacks.”
While this may be historical, feedback from
community engagement activities indicates that
some in Golden experience this legacy of racism
individually and through City systems today.
In 2020, like many jurisdictions, the City responded to national events that amplified systemic racism and health disparities across our Country. Among several other equity resolutions, in August 2020, the City Council passed a resolution declaring commitment to anti-racism actions. One of the resolution’s directives called for the Justice, Equity, Diversity, and Inclusion (JEDI) subcommittee to recommend an approach to Council for developing an anti- racism plan. Ultimately, the City of Golden, with consultation support from MIG, Inc., developed this REDI Action Plan to advance racial equity, diversity, and inclusion in Golden as it strives to be a place for all people to feel welcome, valued, and safe.
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Citywide Demographics
At the time of the 2020 U.S. Census, Golden had a
population of 20,391 and a median age of 35. The
median household income was $80,338, an 11 percent
increase from 2019 and $15,344 more than the
national median income. With a homeownership rate
of 60.8%, the median property value was $541,400,
making Golden a relatively expensive place to live.
According to the 2021 U.S. Census American Community
Survey, 13.1 percent of the population live below the
poverty line, which is higher than the national average of 12.8%. The largest demographic living in poverty are Males 18 - 24, followed by Females 18 - 24 and then
Males 55 - 64. The most common racial or ethnic group
living below the poverty line in Golden is White, followed by Asian and persons who identify as two or more races.
In 2020, 85 percent of the Golden population was
White (Non-Hispanic), 13.4 times more than any other
race or ethnicity. There were 1,300 White (Hispanic)
residents, or 6.37 percent, and 407 Asian (Non-
Hispanic) residents, or 2 percent, making these the
second and third most common ethnic groups. During
this same period, 7.75 percent of residents (1,580
people) were born outside of the United States, which
is lower than the national average of 13.5 percent.
The City’s Workforce
Across the City’s full-time workforce, 59 percent are
Male and 41 percent are Female (see Image 1). Image 2
illustrates the diversity of full-time employees at the City of Golden. People of color, Hispanic persons, and women are not represented in the full-time workforce equivalent to their representation in the overall population.
Representation of People of Color and Women in Workforce2 Golden
Workforce
City of
Golden
Jefferson
County
POC representation 9.2%14.5%24.1%
POC representation in management and top wage earners 3.4% Representation of Hispanic persons 4.2%7.7%15.6%
Representation of Hispanic people in management and top wage earners 0%
Women representation 41%42%50%
Women representation in management level positions and
top wage earners 31%
1 Public Records Request, April 4, 2022
2 Prepared by City of Golden Human Resources, June 2021 Image 1: City of Golden Workforce Demographics by Gender1 0 50 100 150 200 250
Male
Female
260
183
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PLAN PURPOSE AND DEVELOPMENT
The REDI Action Plan identifies goals, strategies, and
actions to achieve a vision of Golden as a place where
all are welcomed, included, represented, honored, and
treated fairly, regardless of identity or ability.
The planning process included two phases—Phase
1—Listening and Learning: Key Issues, Opportunities,
and Priorities; and Phase 2—Taking Action: Developing
the REDI Action Plan—designed with the following
guidelines in mind:
»Leverage Local Networks and Existing Community
Engagement Efforts. Build on the variety and
depth of existing community involvement initiatives
in Golden to engage the public effectively and
efficiently in the REDI Action Plan process. Tap
into existing community-based networks of local
leaders and groups to connect with a wider range
of community members.
»Identify Barriers to Participation. Cultivate an
understanding of existing or potential barriers to
the full participation of all community members,
particularly communities of color and low-income
populations, in the REDI Action Plan process.
»Create Opportunities for Inclusive and Equitable
Participation. Provide multiple and varied
opportunities for a broad range of community
members, businesses, interest groups and City
staff to share meaningful input. Unique methods
will be designed to specifically engage communities
that have not traditionally participated in planning
efforts, including disadvantaged communities, youth
and limited-English proficient communities, and
address barriers to participation identified above.
»Collaborate and Inform Decision-Making. Collect
useful and relevant public input that reflects local
expertise and values and informs decision-making
related to the REDI Action Plan process.
»Build Long-Term Capacity for Civic Engagement
around Racial Equity, Diversity, and Inclusion. Build
social capital and support those engaged through
the process to stay involved and share not only
concerns and issues, but also solutions and strategies
necessary to implement the REDI Action Plan.
To implement the approach, a combination of virtual
engagement, grassroots outreach support, multi-media
communications, and social media outreach were used.
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STAKEHOLDER ENGAGEMENT:
UNDERSTANDING
THE NEEDS
Chapter 2
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The Golden REDI Action Plan was
developed through a community-
driven process and engaging with the
Golden community was integral to
each phase of the planning process.
The first step was to develop an Equitable Engagement
Plan to ensure that the REDI Action Plan would be
informed by robust and genuine feedback from a broad
and diverse representation of the community. The
framework was designed to be flexible and dynamic to
ensure integration of voices often left out of planning processes and to adapt to the evolving needs of the
planning process.
Through the community outreach program, the City
of Golden engaged over 250 community members
through the following activities:
»Community Feedback Activities. The following
activities sought a broad spectrum of community
perspectives and critical insights on racial equity,
diversity, and inclusion needs and emerging
opportunities in Golden. Participants were asked
questions about their understanding and vision
for REDI in Golden; current challenges, issues, and
opportunities; their experience of Golden in terms
of equity, diversity, and inclusion; and activities,
roles, strategies and actions, performance
measures, and partnerships to advance the REDI
Action Plan. Summaries of the results of these
activities are included in Appendix B: Community
Engagement Summaries.
»Key Influencer Interviews. Seven virtual small
group interviews were conducted in October
2021 with a total of 26 key stakeholders and
community partners, including members of
the Golden Anti-Racism Collective and Golden
United; Golden Economic Development and
Redevelopment staff; the Golden Chamber of
Commerce; the Mayor and City Council; and the
City’s Executive Management Team.
»Focus Groups. Four virtual community focus
groups were conducted in October 2021 with a
total of 32 participants. Two of the focus groups
were targeted to specific participants: one
featuring students and staff of the Colorado
School of Mines, and another with students and
staff of Bell Middle School. The other two were
open to all community members; participants
were recruited with the help of a survey seeking
demographic information to ensure that a broad
spectrum of diverse participants was engaged.
»Community Survey. An on-line survey was made
available to Golden community members for
just over two months from October 27, 2021,
through January 3, 2022. The survey received
183 responses from people who live and/or work
in or for the City of Golden, own property or
a business or attend school in Golden, or visit.
Most respondents were residents. Responses to
the optional demographic questions indicated
that they were broadly representative of the
population of Golden in terms of racial / ethnic
identity, age, and annual household income.
»City Staff and Operations Activities. These activities sought specific feedback from City leadership and
staff on current Issues and opportunities related to
REDI and ideas for equitably delivering services and
operations.
»Equity Training for City Council, Executive
Management Team, and City Staff. Prior to
conducting input sessions with City leadership
and staff, MIG conducted interactive training
sessions to establish shared language and
common definitions, allowing participants to
engage in honest and brave conversations, and
building the knowledge, skills, and capacity
to challenge systemic racism, understand
unconscious bias and practice equity in the day-
to-day.
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»City Staff Listening Sessions. Three listening
sessions, open to all City staff, were conducted
in May-June 2022. To ensure that a broad
spectrum of City staff at all levels were able to
participate, Human Resources randomly selected
staff members to invite to each session, as well
as encouraging all staff to volunteer. 32 staff
members participated in the sessions. Staff
members responded to questions about the City’s
key challenges and strengths in promoting equity,
diversity, and inclusion; strategies and actions to
embed diversity, inclusion, and anti-racism in all
aspects of service delivery and operations, as well
as measures to gauge success; and recommended
community engagement and partnerships to
advance implementation.
»Baseline Equity Assessment. The Baseline
Equity Assessment was designed to reflect on
current policy, procedure, and practice at City-
wide and Department-specific level to establish
a starting point from which the City can begin
to consciously address and reduce inequity. Four
primary activities informed the assessment: a
review of background information, City policy
and procedure documents, and websites; a
focus group conducted with the entire Executive
Management Team; a Management Team survey;
and individual interviews with each member.
EMERGING THEMES
The key themes described below emerged from the stakeholder engagement findings:
»Cultivate a Culture of Inclusion and Belonging.
It is crucial to address divisiveness in Golden—
the class divide and the perceived division
between residents, City staff, and visitors;
the attitude of NIMBYism (not in my back
yard—not wanting something perceived as
undesirable in one’s neighborhood or near one’s
home) on the part of some current residents;
and discrimination in the community and
at schools. Finally, to effectively implement
the REDI Action Plan, mechanisms must be
established to help ensure accountability.
These are addressed in the strategies and
implementation considerations in this plan.
»Increase Accessibility of Services and
Resources. To make Golden a more equitable
and welcoming community, services and
resources must be made more accessible to all.
This includes language accessibility, including
multilingual signage; creating spaces that are
accessible to people of all abilities; expanding
transportation that is accessible to all;
subsidized child care for lower-income families;
and providing low-cost services for seniors.
»Diversify City Workforce (at every level).
Diversifying City of Golden’s workforce at
every level will also help make it a more
welcoming and inclusive City. This includes not
only instituting more equitable policies and
procedures for recruitment, hiring, professional
development and advancement, but also
ongoing equity training and education for all
City leadership and staff.
»Expand Economic Opportunity. Diversifying
business is important; provide support and
incentives for more diverse small businesses
and procedures for City contracting with more
diverse organizations.
»Increase Supply of Affordable Housing. Golden’s
high cost of living and lack of affordable housing
is an obstacle to diversity. To accomplish this,
the City must also address NIMBYism on the
part of some current residents.
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GOALS, STRATEGIES, AND ACTIONS
Chapter 3
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Based on the findings from Phase I, the Justice, Equity, Diversity, and Inclusion Subcommittee collaborated with the consultant to develop goals and strategies. The goals and strategies were shared on Guiding Golden and a Community Conversation was held to offer the opportunity to provide additional feedback. Finally, a working session was facilitated with the City of Golden Executive Management Team to review the goals and strategies and build out the Action Plan.
GOALS
The REDI Action Plan will achieve four goals:
»Goal 1: Cultivate a culture of inclusion and
belonging in the City.
»Goal 2: Increase access to services and
resources for diverse community members.
»Goal 3: Foster an organizational culture and
environment committed to racial equity,
diversity, and inclusion.
»Goal 4: Expand economic opportunity for
diverse businesses.
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Action Plan
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies Timeline
1.1 - Enhance and more effectively implement the City’s community engagement approach. Year 1
1.2 - Strengthen the cultural competence and responsiveness of annual Golden events. Year 1
1.3 - Diversify City Boards and Commissions by creating and institutionalizing a process for recruiting and selecting a more inclusive cross-section of community members to serve on these important bodies.
Year 1
1.4 - Launch a highly visible public awareness campaign in Golden about the tangible benefits for the City of expanding and supporting racial equity, diversity, and inclusion.
Year 2
Goal 2: Increase access to services and resources for diverse community members.
Strategies Timeline
2.1 - Use data to drive effective community engagement and service delivery approaches.Year 1
2.2 - Prioritize implementation of the strategies to expand affordable housing in the August 2022 City of Golden Housing Needs and Strategies Assessment.
Year 1
2.3 - Use findings from the National Community Survey and Community Assessment Survey for Older Adults to get residents involved in existing City services. If service gaps remain, develop age-friendly strategies to ensure that low-income BIPOC community members of all ages have access to the services, resources, and connections they need.
Year 2
2.4 - Create and fully implement a City policy and systematic process to ensure that all communications platforms and communications collateral distributed by the City are culturally responsive (e.g., reflect different types of families and the ethnic diversity of community members and visitors) and are accessible to community members who do not speak or speak limited English and who have different abilities. (Link to Strategy 1.2) Year 2
2.5 - Invest City dollars in an “Equity Package” to ensure that low-income BIPOC community members of all ages in Golden have increased access to needed supports and opportunities.
Year 5
The Action Plan includes the goals, strategies, and timeline—the year targeted for strategy implementation to begin. We recognize this work will be ongoing, and this plan aims to lay out actions for five years. Each year, the City will use the implementation plan template in Chapter 4 and the guidance provided in Appendix C to build out the annual plan. 13RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies Timeline
3.1 - Create a training plan to provide ongoing training for City staff at all levels and community about the history of Golden, structural racism and implicit bias, and leading through an equity lens. Ensure that all new staff are systematically linked to pre-service and ongoing training.
Year 1
3.2 - Review policies, ordinances, code, and charter and modify to include inclusive language.Year 1
3.3 - Establish policies and procedures across City Departments to expand access to diverse candidates and eliminate implicit bias in the hiring or advancement process. Areas of practice to include are recruitment, screening, interviewing, hiring, and advancement.
Year 2
3.4 - Golden City Council and Executive Management Team implement consistent use of an equity decision making process when making major (criteria to be defined) decisions.
Year 3
3.5 - Create and implement an annual equity-based budgeting process.Year 4
3.6 - Create an outcomes and accountability process for the City of Golden to understand its results through an equity lens. Select performance metrics for the City overall and all Departments (including metrics on service delivery and administrative performance).
Implement a dynamic data system to collect and analyze data on key metrics through disaggregation and spatial mapping. Continuously plan ways to address any inequities identified through ongoing data collection and analysis.
Year 4
Goal 4: Expand economic opportunity for diverse businesses.
Strategies Timeline
4.1 - Launch a community-level contracting initiative for the City of Golden. Unbundle larger contracts into smaller contracts that do not exceed a particular dollar threshold. Increase outreach and technical assistance to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises to successfully bid on these smaller contracting opportunities. Consider establishing a target percentage of contracting that must be done with smaller, local, diverse businesses.
Year 2
4.2 - Increase access to flexible capital: Create and support programs offering low-cost, flexible capital (e.g., loans, grants) to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises and prioritize incentives and other investments to projects that advance inclusive growth.
Year 4
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IMPLEMENTATION GUIDANCE AND TOOLS
Chapter 4
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Create specific and shared leadership for REDI Action
Plan implementation. Transforming an organization
and community to be more equity-centered requires
changing mindsets and behaviors, as well as policies
and programs. This is challenging work that takes
focus, intentionality, and time and requires an artful
mix of leadership skill, collaboration, and accountability. »Create a REDI Leadership Role: The City will create
a REDI leadership role, which will likely be added to
an existing position, to report to the City Manager’s
office. This role will have high-level authority and
direct access to the City Manager. The person will
have extensive knowledge and experience in social
justice and equity work, as well as have proven skills
in large-scale organizational change management.
Training and coaching will be provided.
»: Change is possible when skilled leaders work
collaboratively with those who are responsible for
and passionate about making the change happen.
Both the organization and the broader Golden
community are responsible for the desired change.
The City Council will create a REDI Implementation
Team, composed of internal staff and community
stakeholders who have a key role in implementing
some aspect of the plan. The Team will focus on
promoting accountability for implementing the
REDI Action Plan and coordinating community-wide
efforts to advance equity. The City will create a
clear membership selection criteria and process that
balances diversity, inclusion, and implementation
responsibility. Additionally, Golden will hire a neutral facilitator to work closely with the REDI staff to
create the guidelines and process for the team, as
well as ensure both social-emotional (e.g., shifting
mindsets, deepening understanding, building
relationships and partnerships, etc.) and task goals
are met. (See https://www.racialequityalliance.org/
resources/racial-equity-core-teams-the-engines-of-
institutional-change/)
Conduct a workplace environmental assessment.
Understanding existing staff mindsets (at all levels of the organization), knowledge and skills, and willingness to learn and change will help shape the City’s overall
approach and sequencing of strategies and action
steps in the plan. For example, once assessment
findings have been gathered and analyzed, the City
may strategically choose to begin some actions with
Departments that are further along in their equity
knowledge and experience; may leverage the skills of
some Departments to assist others; or may choose to
focus targeted education in Departments that may
not have taken the first steps. The City will conduct
a workplace environmental assessment—either
through hiring a consultant to conduct an assessment
or leveraging the City’s involvement in GARE to
implement the GARE survey—and use the findings to
create a more tailored implementation approach (e.g.,
sequencing and timeline of activities).
Incorporate the REDI Action Plan strategies into the
overall Golden Strategic Action Plan. The process
for implementing the 2022 Strategic Action Plan is
working well. City Department leaders understand
that the Strategic Action Plan guides their work, and
they are actively following through on action items
assigned to them through the process. The City will
implement the REDI Action Plan through this process
and crosswalk the REDI strategies with the strategies
in the overall City Strategic Action Plan to identify
possible alignment or overlap and create clear plans for coordinating and integrating implementation.
To ensure the strategies in the REDI Action Plan are implemented effectively, the City of Golden will take the following initial steps to support leadership and accountability:
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Action Planning Matrix
Strategies and
Action Steps
Lead Person
Responsible
Groups/Individuals
to Consult
Timeline
(Start and End)
Performance
Metrics
What action steps
will be necessary
for successful
implementation of
this strategy?
Which functional
role is best
positioned to
lead successful
implementation
of the strategy
Who needs to
be engaged and
consulted as
the strategy is
implemented? Push
yourself to consider
those who are not
usually at the table.
In determining
timeline, consider
»which strategies
will need to be
implemented
first to help
others be more
successful?
»will you need
additional
capacity to
implement
this strategy
successfully and
how long will
it take to build
that capacity?
How will you
know you have
been successful in
implementing the
strategy? Move
beyond process
measures to ask
how people’s
beliefs, behavior,
or experiences will
be different.
Each year, the REDI leader, working with the REDI Implementation Team, will complete an annual Action Planning Matrix, using the definitions below, to chart what will be accomplished, by whom, on what timeline, and how the team will know if they’ve succeeded. At the end of each year, the Implementation Team will assess progress and provide an update to City Council. 17RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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NEXT STEPSChapter 5
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Through a community-driven process, the City of
Golden, led by the Justice, Equity, Diversity, and
Inclusion Committee, created this aspiring REDI Action
Plan. The goals and strategies in the plan are aligned
with the City’s five success factors:
»Active, Connected, and Sustainable
»Affordable and Thriving
»Safe, Inclusive, and Engaged
»Respected and Relational Governance
»Quality Services
The Action Plan provides direction and guidance
but remains flexible enough to allow Golden to
respond to new opportunities or adapt in the face of
unforeseen challenges. Through its effective process
for implementing the Golden Strategic Action Plan,
the City Council will ensure accountability to the
goals and actions in this plan. And through the energy
and commitment of City staff, collaborating agencies
and organizations, and community members, Golden
is positioned to achieve its vision of becoming a
place where all are welcomed, included, represented,
honored, and treated fairly, regardless of identity
or ability.
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APPENDICES
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For the City of Golden to effectively engage and advance racial equity work, stakeholders must start with a shared language when referring to the same issues. A shared language supports meaningful conversations further minimizing confusion, misunderstanding, or misaligned perspectives which can impede and lead to frustration.
ANTI-RACISM: Anti-racism is defined as the work of
actively opposing racism by advocating for changes in
political, economic, and social life. Anti-racism tends to be an individualized approach and set up in opposition
to individual racist behaviors and impacts.
“To be anti-racist is to think nothing is behaviorally
wrong or right -- inferior or superior -- with any of the racial groups. Whenever the antiracist sees individuals behaving positively or negatively, the antiracist
sees exactly that: individuals behaving positively or
negatively, not representatives of whole races. To
be anti-racist is to deracialize behavior, to remove
the tattooed stereotype from every racialized body.
Behavior is something humans do, not races do.”
(Ibram X. Kendi, How to be an Antiracist)
CHOICE POINTS: A choice point is a decision-making
opportunity to consciously consider racial equity and
influence outcomes. Example choice points may be
decisions made within program development, event
planning, budgeting, hiring, policy development, etc.
CRITICAL RACE THEORY: Critical Race Theory (CRT)
is a theoretical framework that emerged out of the legal field in the 1970s. It posits that race is a social construct and that racism is not simply the product of individual bias or prejudice, but also is maintained and influenced in political power, social organizations, government entities, public administrations, and education.
DIVERSITY: Diversity includes all the ways in which
people differ, and it encompasses all the distinctive
characteristics that make one individual or group
different from another. It is all-inclusive and recognizes everyone and every group as part of the diversity
that should be valued. A broad definition includes not
only race, ethnicity, and gender — the groups that
most often come to mind when the term “diversity” is
used — but also age, national origin, religion, disability, sexual orientation, socioeconomic status, education,
marital status, language, and physical appearance. It
also involves different ideas, perspectives, and values.
ENVIRONMENTAL JUSTICE: The fair treatment of
people of all races, cultures, and incomes with respect to the development, adoption, implementation, and
enforcement of environmental laws, regulations, and
policies.
EQUALITY: The state of being equal, especially in
status, rights, and opportunities.
EQUITY: Fairness and the quality of being fair; for
equal outcomes to be achieved, people may need
different resources, especially in transportation. The
quality of being fair and impartial.
EQUITY VS. EQUALITY: Equality is the right of distinct
groups of people to have a similar social position and
receive the same treatment: i.e., equality between
the sexes, and racial equality. Equal treatment does
not necessarily create equal outcomes. Equity is
about fairness and the quality of being fair; for equal outcomes to be achieved, some people need different
resources, especially in transportation. To ensure that everyone can succeed, we need to tailor our services to different groups’ needs.
APPENDIX A: GLOSSARY OF KEY TERMS
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FOUR LEVELS OF RACISM: There are four levels of
racism; each is defined below.
»Individual Racism refers to the beliefs, attitudes, and actions of individuals that support or perpetuate
racism. Individual racism can be deliberate, or the
individual may act to perpetuate or support racism
without knowing that is what he or she is doing.
»Interpersonal Racism occurs between individuals.
Once we bring our private beliefs into our interaction
with others, racism is now in the interpersonal realm.
»Institutional Racism refers specifically to the ways
in which institutional policies and practices create
different outcomes for different racial groups. The
institutional policies may never mention any racial
group, but their effect is to create advantages for
whites and oppression and disadvantage for people
from groups classified as people of color.
»Structural Racism is more difficult to locate in
a particular institution because it involves the
reinforcing effects of multiple institutions and
cultural norms, past and present, continually
reproducing old and producing new forms of
racism. Structural racism is the most profound
and pervasive form of racism–all other forms of
racism emerge from structural racism. This includes
the normalization and legitimization of an array
of dynamics–historical, cultural, institutional,
and interpersonal–that routinely advantage
whites while producing cumulative and chronic
adverse outcomes for people of color. Structural
racism encompasses the entire system of White
domination, diffused, and infused in all aspects
of society including its history, culture, politics,
economics, and the entire social fabric.
HEALTH EQUITY: Health equity means that every
person, regardless of who they are—the color of their
skin, their level of education, their gender or sexual
identity, whether they have a disability, the job that
they have, or the neighborhood that they live in—has
an equal opportunity to achieve optimal health.
IMPLICIT BIAS: Also known as unconscious or
hidden bias, implicit biases are negative associations
that people unknowingly hold. They are expressed
automatically, without conscious awareness. Many
studies have indicated that implicit biases affect
individuals’ attitudes and actions, thus creating
real-world implications, even though individuals may
not even be aware that those biases exist within
themselves. Notably, implicit biases have been shown
to trump individuals’ stated commitments to equality
and fairness, thereby producing behavior that diverges
from the explicit attitudes that many people profess.
The Implicit Association Test (IAT) is often used to
measure implicit biases about race, gender, sexual
orientation, age, religion, and other topics.
INCLUSION: Authentically bringing traditionally
excluded individuals and / or groups into processes,
activities, and decision / policy making in a way that
shares power.
LAND ACKNOWLEDGEMENT: A Land
Acknowledgement is a formal statement that
recognizes and respects Indigenous Peoples as
traditional stewards of this land and the enduring
relationship that exists between Indigenous Peoples
and their traditional territories. To recognize the
land is an expression of gratitude and appreciation
to those whose territory you reside on, and a way of
honoring the Indigenous Peoples who have been living
and working on the land from time immemorial. It is
important to understand the long-standing history
that has brought you to reside on the land, and to
seek to understand your place within that history.
Land acknowledgements do not exist in a past tense,
or historical context: colonialism is a current ongoing process, and we need to build our mindfulness of our
present participation. It is also worth noting that
acknowledging the land is Indigenous protocol.
( http://www.lspirg.org/knowtheland)
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MEANINGFUL ENGAGEMENT: The processes,
methods, and activities whereby the City of Golden
shares information and actively solicits, considers, and incorporates input from a wide range of stakeholders
and constituents. Engagement can only be considered
“meaningful” if the solicitor of input demonstrates
that input received is considered with an equity
lens and incorporated in a way that has influenced
the planning process or decision making. The party
engaged is the only party that can say whether the
engagement process has been meaningful for them.
As such, it is important to continuously check-in
with those providing input to see if the engagement
process continues to be meaningful.
PEOPLE/PERSON OF COLOR: This is not a term that
refers to real biological or scientific distinction between people, but the common experience of being targeted
and oppressed by racism. While each oppressed group
is affected by racism differently and each group
maintains its own unique identity and culture, there is also the recognition that racism has the potential to
unite oppressed people in a collective of resistance.
BIPOC: An acronym for Black, Indigenous and People
of Color. The term has increased in use and awareness
during 2020 after the Black Lives Matter resurgence
against racism and police brutality in the wake of the
George Floyd shooting. BIPOC is meant to emphasize
the hardships faced by Black and Indigenous people in
the US and Canada and is also meant to acknowledge
that not all people of color face the same levels of
injustice.
PRIVILEGE: Unearned social power accorded by
the formal and informal institutions of society to all
members of a dominant group (e.g., white privilege,
male privilege, able-bodied privilege, etc.). Privilege is usually invisible to those who have it because we are
taught not to see it, but nevertheless, it puts them at an advantage over those who do not have it.
PRONOUNS: Pronoun sharing is an inclusive practice
that is increasingly being incorporated into our business culture. Standardizing the practice of sharing pronouns acknowledges that gender identity is non-binary and
reduces the risk of relying on visual cues and, thereby, misgendering coworkers.
RACIAL EQUITY: Racial equity is a process of
eliminating racial disparities and improving outcomes
for everyone. It is the intentional and continual
practice of changing policies, practices, systems, and
structures by prioritizing measurable change in the
lives of people of color. Racial equity is the condition that would be achieved if one’s racial identity no longer predicted how one fares. This includes the elimination
of policies, practices, attitudes, and cultural messages that reinforce differential outcomes by race or fail to eliminate them.
RESTORATIVE JUSTICE: Restorative justice is a
theory of justice that emphasizes repairing the harm
caused by crime and conflict. It places decisions in
the hands of those who have been most affected by
wrongdoing and gives equal concern to the victim, the
offender, and the surrounding community. Restorative
responses are meant to repair harm, heal broken
relationships, and address the underlying reasons for
the offense. Restorative justice emphasizes individual
and collective accountability. Crime and conflict
generate opportunities to build community and
increase grassroots power when restorative practices
are employed.
SOCIAL DETERMINANTS OF HEALTH (SDOH):
Social Determinants of Health (SDOH) are the
conditions in the environments where people are born,
live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life
outcomes and risks. SDOH can be grouped into five
domains:
1. Economic Stability
2. Education Access and Quality
3. Health Care Access and Quality
4. Neighborhood and Built Environment
5. Social and Community Context
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APPENDIX B:
COMMUNITY ENGAGEMENT SUMMARY
COMMUNITY INPUT SOURCES
Key influencer interviews with 26 members of:
»Golden Anti-Racism Collective + Golden United
»Chamber of Commerce / Economic Development
»Mayor and City Council
»Golden Executive Management Team
Four focus groups with 32 total participants:
»Two community focus groups
»Youth focus group with students and staff of
Bell Middle School
»Students and staff of Colorado School of Mines
Community Survey – 183 responses:
»Open October 27, 2021 through January 3, 2022
WHO RESPONDED - COMMUNITY SURVEY
How many years have you lived/worked in the City of Golden? More than 20
years, 35%
11 to 20
years, 24%
1 to 5 years,
20%
6 to 10 years,
19%
Less than 1 year,
3%
How many years have you lived /
worked in the City of Golden?
White non-
Hispanic, 66%
I prefer not
to say, 14%
Two or more
races, 7%
Other, 5%
Hispanic or Latino, 4%
Asian, 2%
Native American /
Alaskan Native, 2%
Some other
race, 2%Black or African
American, 1%
How do you identify your
racial / ethnic identity?
How do you identify your racial / ethnic identity?
How old are you?
45-54,
25%
65+,
23%35-44,
20%
55-64,
18%
25-34,
11%
18-24, 2%
How old are you?
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WHO RESPONDED - COMMUNITY SURVEY
How representative of Golden’s population were these results? »20% less white
66% white respondents v. 82% white population*
»Older than average
67% respondents 45 or older v. 34% population 45+**
»11% more women
61% female respondents v. 50% female population*
»Higher-income than average
44% respondent households with income over $100k v.
38% overall households over $100k**
* Source: 2020 United States Census
** Source: 2019 American Community Survey
QUESTIONS ASKED
Vision for REDI:
»Understanding of REDI – what it means to you
»What equity, diversity, inclusion looks like in/enriches Golden
How is Golden doing?
»How the City is doing at being diverse, equitable,
welcoming, inclusive
»Issues and challenges, assets and opportunities
»What will make Golden more welcoming?
Building and Implementing the REDI Action Plan
»Roles for City leadership and staff; community
members; community partners and organizations
»Preferences for continued engagement in the process
»Strategies and actions to embed REDI in City services
»Barriers and how to address them
»How to define and measure success
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VALUE AND VISION
Value of Examining/Discussing REDI in Golden
»57% of community survey respondents replied “Yes” —
there is value in examining / discussing the status of
REDI in Golden
»34% replied “No”
»9% replied “I Don’t Know”
Vision for REDI in Golden
»All are welcomed, represented, honored and treated
fairly, regardless of identity
»All have equitable access to resources and opportunity— race and other factors aren’t a determinant
»Increased diversity in leadership, staff, business, culture, activities and events
HOW IS GOLDEN DOING?
50-70% of survey respondents rate their experience
of the following in Golden as good to excellent:
»Providing equal employment opportunities to all
»Making all individuals feel welcome in business
establishments
»Welcoming individuals from all backgrounds to
participate in local government and community
decision-making
»Treating all individuals fairly
»Respecting individual cultural beliefs and values
»Making all individuals feel welcomed
»Providing a safe and secure environment for
individuals of all backgrounds
»Helping individuals feel connected and integrated
»Demonstrating respect for individuals of different
cultures and belief systems
»Valuing individuals from diverse background
45-50% of survey respondents rate their experience
of the following in Golden as fair or poor:
»Providing equal access to housing for individuals of
all backgrounds
»Attracting people from diverse backgrounds
How Welcoming is Golden?
»Over half of survey respondents think Golden is
not welcoming to: people of lower income
»Less than half of survey respondents think Golden is
welcoming to: immigrants, people who are not US
citizens
How Golden is Already Doing Well
»Distinctive character with friendly, small-town feel
»High level of passionate volunteerism and civic
engagement
»Strong and accessible City government, high level
of services
»Commitment to REDI; recent improvements in
diversity and awarenes
Do you see value in examining/discussing
the status of REDI in Golden?
Yes, 57%No, 34%
I Don't Know, 9%
Yes, 57%No, 34%
I Don't Know, 9%
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DISCRIMINATION IN GOLDEN
Over half of survey respondents rarely or never
experience and/or witness discrimination based on:
»Military personnel/veterans (82%)
»Age (76%)
»Gender (75%)
»National origin (72%)
»Disability (72%)
»Sexual orientation or gender identity (71%)
»Religion (70%)
»Race (68%)
»Socioeconomic status (54%)
However, many described racial and other discrimination witnessed or experienced.
ISSUES AND CHALLENGES
Major Issues
»Lack of affordability and opportunity—especially
for less-advantaged communities
»Majority, traditional, white-centered culture and
history—others do not feel welcome
»Intolerance and discrimination in community,
businesses, schools
»Racial, economic, many other sources
»Less visible to majority
»Resistance to change / lack understanding of
diversity’s value
Concerns Expressed Regarding REDI Effort
»Not needed - Golden is already welcoming and
equitable
»Leading with race is divisive and/or discriminatory
»Effort is based on political correctness / virtue-
signaling
»Inappropriate role for government / unnecessary
use of City funds
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PRIORITIES FOR GOLDEN
Divided on Priorities
»Priorities considered:
»Addressing social, economic, racial equity
differences in: criminal justice system, housing,
local government leadership, education,
transportation, jobs; creating a diverse, inclusive,
fair community; supporting and promoting a
more diverse and equitable workforce
»55-63% of survey respondents think these are
moderate to high priorities for Golden’s city
government
»35%-42% of survey respondents think these are
low to no priority for Golden’s city government
SOLUTIONS
Making Golden More Welcoming and Inclusive
»Provide equitable access to resources and
opportunities (e.g., affordable housing, jobs)
»Disadvantaged need additional support to
overcome barriers
»Acknowledge and address racist history, continued
systemic and personal discrimination
»More representation of diverse cultures and faiths
in public events and depictions of Golden history
and culture
»Create more welcoming and accessible public spaces
»Being more welcoming leads to greater diversity
among residents, business and City leadership and
staff—which in turn makes Golden more welcoming
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SOLUTIONS CONT.
Roles for City Leadership and Staff
»Assess policies, procedures, attitudes, systemic
barriers to equity
»Focus on policies to help make City more affordable,
welcoming, and accessible
»Sincere, rigorous, sustainable implementation—
actionable strategies with clear goals/
performance measures
»Increase and retain diversity in leadership and
staff; educate and train
»Engage more of community—meet them where
they are
»Ensure that diverse communities are represented,
help lead REDI effort
Roles for Community / Community Organizations
»Community must get more engaged and involved,
take the lead
»Educate each other; champion, model and
demonstrate equity and inclusion
»Advocate for and support disadvantaged
communities
Roles for Everyone
»Increase diversity and inclusion in community
organizations, institutions, and business
»Convene and participate in difficult, but open and
civil discussions
»Participate in and promote activities that celebrate
diversity
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APPENDIX C:
ACTION PLANNING CONSIDERATIONS
Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.1 - Enhance and more effectively implement the City’s community engagement approach.
Considerations to guide action planning:
»There are research-based factors that drive successful implementation. They fall under three main categories: staff competence and confidence, organizational supports, and leadership. See https://nirn . fpg.unc.edu/resources/implementation-drivers-action-plan to learn more about implementation drivers. »Providing a single training to educate staff about a new approach will not lead to effective adoption of the approach. Initial learning (through training) must be coupled with applying that learning in a supported space and getting feedback to continuously improve. Ultimately, a way to track consistent application of the new learning is needed to ensure sustainability.
»Both the Planning Guide and Toolbox could be more explicit on concepts around power sharing and ensuring cultural, language, and ability accessibility in outreach, communications collateral, and engagement. »Develop a City equity language guide.
Additional questions:
»Which staff need competency in community engagement? (Target the capacity building strategy to those positions; ensure capacity building happens if there is staff turnover in those positions.) »Which leaders supervise those positions? (Create a supervisory framework for managers who oversee staff with community engagement responsibilities; build check-ins on community engagement into regular supervision to ensure strong and consistent implementation.) »Who is best to provide the overall training? (Train the supervisors first; then train the staff. ensure new staff are trained if there is staff turnover in those positions) »Are the principles of strong community engagement consistently discussed at Executive Management Team? 30RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.2 - Strengthen the cultural competence and responsiveness of annual Golden events.
Considerations to guide action planning:
»Launch a “Community Dialogue” series with key representatives of the groups that are responsible for hosting the local Golden events to ultimately agree on more culturally competent approaches. Start with education and awareness building to shift mindsets about how BIPOC community members may perceive events. »Allow for different perspectives to be shared and facilitate the group toward a new consensus on how Golden wants to represent itself in these community building activities. »Hire a skilled educator/facilitator to work with the REDI leader to lead these conversations. »Partner with BIPOC communities to co-create the conversations. »Educate the group through an objective lens and build a shared vision that everyone in the group can support. »Create a safe space for challenging discussion and differing points of view. »Do not put time constraints on the resolution. Allow people the time they need to integrate new information and shift their mindset.
»Consider how the event permitting process could be changed to provide parameters on ensuring community events are culturally respectful and responsive.
1.3 - Diversify City Boards and Commissions by creating and institutionalizing a process for recruiting and selecting a more inclusive cross-section of community members to serve on these important bodies.
Considerations to guide action planning:
»Make meetings and activities more accessible.
»Use nontraditional media and methods to do outreach
»Create community engagement/outreach liaisons on staff. »Seek additional technical assistance to implement this strategy through GARE. Need additional capacity, clarify who can access GARE resources.
»Understand that BIPOC communities have reasonable grounds to mistrust government entities. The onus is on City staff to shift those relationships of mistrust through diligent outreach, deep listening, and consistently demonstrating that meaningful actions will be taken if communities engage. 31RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Goal 1: Cultivate a culture of inclusion and belonging in the City.
Strategies
1.4 - Launch a highly visible public awareness campaign in Golden about the tangible benefits for the City of expanding and supporting racial equity, diversity, and inclusion.
Considerations to guide action planning:
»Example of messages about equity benefits: https://www.gacities.com/Resources/Reference-Articles/ Equity-and-Inclusion-%E2%80%93-Key-Points.aspx?feed=93d3a9e3-258c-4a31-8540-e69641995743 for an example of messaging.
»Focus an aspect of the campaign on benefits of visitors to encourage residents to be more welcoming to weekend and summer visitors.
»Solicit the services of a communications consulting firm with expertise in equity campaigns at the municipal level.
»Create a campaign workgroup to guide REDI leader and DEI consultant composed of City staff responsible for public relations and representatives from existing community groups working to advance equity. »Create and measure desired outcomes from the campaign.
Additional questions:
»Has Golden done public awareness campaigns in the past? What can you learn or leverage from those experiences?
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Goal 2: Increase access to services and resources for diverse community members.
Strategies
2.1 - Use data to drive effective community engagement and service delivery approaches. Systematically collect, analyze (e.g., by always disaggregating data by race, languages spoken, ability, sexual orientation, etc.), and display data on the demographics of City residents and visitors to guide communications and service planning.
Considerations to guide action planning:
»See https://www.racialequityalliance.org/wp-content/uploads/2017/09/GARE_GettingtoEquity_July2017_ PUBLISH.pdf
2.2 - Prioritize implementation of the strategies to expand affordable housing in the August 2022 City of Golden Housing Needs and Strategies Assessment.
2.3 - Use findings from the National Community Survey and Community Assessment Survey for Older Adults to get residents involved in existing City services. Conduct more aggressive outreach through an equity-centered lens. If service gaps remain, develop age-friendly strategies to ensure that low-income BIPOC community members of all ages have access to the services, resources, and connections they need.
2.4 - Create and fully implement a City policy and systematic process to ensure that all communications platforms and communications collateral distributed by the City are culturally responsive (e.g., reflect different types of families and the ethnic diversity of community members and visitors) and accessible to community members who do not speak or speak limited English and who have different abilities. (Link to Strategy 1.2) Considerations to guide action planning:
»Recognize that creating and disseminating the policy is the first step. »Ensure a process is put in place to educate staff on the best practices for culturally competent materials. »In addition, while staff are learning, ensure that public materials are reviewed by the REDI Director or other designated staff or workgroup and that feedback is provided to staff members so that learning can deepen. »Make it part of the REDI leader’s job that feedback from the community is proactively used to improve internal communications processes to ensure they are increasingly culturally competent, accessible, and inclusive.
2.5 - Invest City dollars in an “Equity Package” to ensure that low-income BIPOC community members of all ages in Golden have increased access to needed supports and opportunities.
Considerations to guide action planning:
»See https://www.nlc.org/article/2017/09/14/moving-forward-on-charlottesville/ (scale appropriate to Golden) »Start by working with County service providers (e.g., aging and adult, transportation, early care and education, workforce development, food security, housing, foster care) and the school district to better understand the gaps in service for low-income groups that the City could potentially support. »Conduct focus groups with low-income BIPOC families, adults, and seniors to understand unmet needs that the City is positioned to address.
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Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.1 - Create a training plan to provide ongoing training for City staff at all levels and community about the history of Golden, structural racism and implicit bias, and leading through an equity lens. Ensure that all new staff are systematically linked to pre-service and ongoing training.
Considerations to guide action planning:
»Work with the REDI leader and the REDI Implementation Team to identify the learning objectives for the training.
»Leverage the City’s involvement with GARE to identify a training model for Golden. »Consider whether the training purveyor is willing to work with the City to customize the curriculum to Golden. »Consider using a train-the-trainer model. If so, identify a group of staff to go through the train-the-trainer program.
»Establish an ongoing process and schedule for the internal trainers to train other staff. »Create facilitated communities of practice for staff to participate in after they have gone through the training so that they can continue to apply learnings to daily activities, share lessons learned, and deepen understanding of equity concepts.
»Integrate equity concepts into regular supervision sessions to ensure that learning is transferred into daily work.
3.2 - Review policies, ordinances, code, and charter and modify to include inclusive language.
Considerations to guide action planning:
»Create a phased process of modification by prioritizing policies and ordinances. »Establish a group of staff and community members to review policies and ordinances to ensure a diverse and inclusive perspective.
»Create a communications strategy to amplify that these changes have been made, as well as describing the rationale and implications for the City’s work.
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Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.3 - Establish policies and procedures across City Departments to expand access to diverse candidates and eliminate implicit bias in the hiring or advancement process. Areas of practice to include are recruitment, screening, interviewing, hiring, and advancement.
Considerations to guide action planning:
»Begin with data collection (see Strategy 3.2) and transparency—create a dashboard and track progress every year. See https://www.boston.gov/departments/diversity/city-boston-employee-demographics-dashboard »Focus first on staff training and shifting the culture to ensure that diverse staff will be welcomed and supported (see Strategy 3.1, as well as using the results from the workplace environmental assessment to improve culture).
»Do not rely on informal networks anymore to fill open positions. Do research to identify local and regional partners that can connect the organization to more diverse candidate pools. »Conduct specialized training for hiring managers on implicit bias in the hiring and advancement process. »Conduct blind reviews of candidate applications to avoid implicit bias. »Ensure that equity is explicitly addressed in the interview process both to signal to the candidate that it is important to the organization and to understand their mindset. »Create mentorship and sponsorship programs that are geared toward advancing traditionally underrepresented groups.
3.4 - Golden City Council and Executive Management Team implement consistent use of an equity decision making process when making major (criteria to be defined) decisions.
Considerations to guide action planning:
»Develop process. Example: https://www.metro.net/about/equity-race/ . See Rapid Equity Assessment Tool. »Create criteria for level of decisions to be screened using the process. »Adjust proposals based on findings from assessment to ensure equitable outcomes. 35RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
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Goal 3: Foster an organizational culture and environment committed to racial equity, diversity, and inclusion.
Strategies
3.5 - Create and implement an annual equity-based budgeting process.
Considerations to guide action planning:
»Select and/or adapt an existing tool. Example: https://www.metro.net/about/equity-race/ . See Budget Equity Assessment Tool.
»Train managers who make budget decisions on effective application of the tool. »Beta test the tool. Conduct a follow up survey with users to learn about the strengths of the process and how the process could be improved.
»Incorporate improvements into the process and train managers again prior to the next annual budgeting cycle. »Create a check and balance in the process to ensure the tool is used systematically.
3.6 - Create an outcomes and accountability process for the City of Golden to understand its results through an equity lens. Select performance metrics for the City overall and all Departments (including metrics on service delivery and administrative performance). Implement a dynamic data system to collect and analyze data on key metrics through disaggregation and spatial mapping. Continuously plan ways to address any inequities identified through ongoing data collection and analysis.
Considerations to guide action planning:
»See https://www.racialequityalliance.org/wp-content/uploads/2017/09/GARE_GettingtoEquity_July2017_ PUBLISH.pdf
»Consider adopting Results Based Accountability for the City of Golden (see document above). »Consider hiring a consultant to guide Golden in developing a robust outcomes and accountability process. »Create a centralized City workgroup to guide the development of the outcomes and accountability process. »Have the centralized group work with a small group of staff from each Department to identify their performance metrics.
»Work with the Departments to develop a plan for gathering the data needed to measure performance. »Select a dynamic data system or connected systems to store, analyze and report the data. »Establish an ongoing procedure for continuous quality improvement—looking at data findings, asking why questions, determining how to answer why questions, and developing solutions to turn the needle toward more equitable outcomes. Ensure this process is used by each Department to understand its performance. 36RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
8.1.c
Packet Pg. 144 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
Goal 4: Expand economic opportunity for diverse businesses.
Strategies
4.1 - Launch a Community-level Contracting Initiative for the City of Golden. Unbundle larger contracts into smaller contracts that do not exceed a particular dollar threshold. Increase outreach and technical assistance to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises to successfully bid on these smaller contracting opportunities. Consider establishing a target percentage of contracting that must be done with smaller, local, diverse businesses.
Considerations to guide action planning:
»Additional guidance: https://www.racialequityalliance.org/resources/contracting-equity-best-local- government-practices-advance-racial-equity-government-contracting-procurement/ »Example: https://dpw.lacity.org/blog/la-city-board-public-works-approves-motion-establish-community- level-contracting-program
4.2 - Increase Access to Flexible Capital: Create and support programs offering low-cost, flexible capital (e.g., loans, grants) to small, minority, women, disabled veteran, LGBTQ, and disadvantaged business enterprises and prioritize incentives and other investments to projects that advance inclusive growth.
Considerations to guide action planning:
»Additional guidance: https://www.lisc.org/media/filer_public/7b/a6/7ba61381-119d-4452-abfb- 5c7c4b767eed/12082020_resource_ba-inclusive-small-business-support.pdf »Example: https://www.charlottesville.gov/723/Business-Equity-Fund-Loan-Program 37RACIAL EQUITY, DIVERSITY, AND INCLUSION ACTION PLAN | 2023-2027City of Golden
8.1.c
Packet Pg. 145 Attachment: Golden_REDI Action Plan_FINAL (4059 : JEDI Consultant Bid Award)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of An Urgency Ordinance of the City Council of the City of Gilroy Adopting a Franchise Agreement with
Recology South Valley for Solid Waste Hauling Services
and a Finding that Its Action in Adopti ng the Ordinance is Exempt From Review Under the California Environmental
Quality Act (“CEQA”) Pursuant to CEQA Guidelines
Section 15061(b)(3) (Common Sense Exemption) In that the Proposed Ordinance Will Continue an Existing State -
Mandated Program for the Protection of Public Health and the Environment, and None of the Circumstances in CEQA
Guidelines Section 15300.2 Apply.
Meeting Date: November 21, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Assistant to the 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
a) Motion to read the ordinance by title only and waive any future reading. b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy app roving a
9.1 Packet Pg. 146
franchise agreement with Recology South Valley for solid waste hauling services.
EXECUTIVE SUMMARY
The purpose of this item is to provide the City Council with an opportunity to consider a new solid waste franchise agreement with Recology South Valley.
For many decades, the City has partnered with Recology South Valley, and its predecessor companies, to provide the full range of solid waste management services for the community. During this time, City residents and businesses have enjoyed excellent service from the company provided at competitive prices. The City has a franchise agreement with Recology that will expire in 2022, the Council directed staff to negotiate a replacement agreement with Recology. Due to the pandemic and other factors, the negotiations with Recology have just been completed and the recommended franchise agreement (attached) is ready for Council consideration.
The City Charter (Charter) places a limit of 25 years for franchise agreements. The previous franchise agreement for solid waste hauling services was adopted on September 2, 1997, placing the required end of the agreement on September 2, 2022.
The City of Gilroy commenced negotiations for a new franchise agreement for solid waste hauling services, but which was not able to be finalized before the 25-year limit was reached. A new, short-term franchise agreement was created to provide this essential service, and begin implementation of new state legislation, while the process to finalize the new, longer-term franchise agreement was completed.
The negotiations have been completed, and a draft new long -term franchise agreement has been produced for Council consideration to adopt via ordinance. Due to the limited timeframes before the next quarterly billing cycle is initiat ed and the conclusion of the interim franchise agreement term is reached, this urgency ordinance is required to place the agreement into effect on December 1, 2022. A similar, standard ordinance is also being presented for Council consideration to carry th e agreement to the full term with the conventional ordinance approval process.
POLICY DISCUSSION
Does Council wish to grant a new, long -term franchise agreement to Recology South Valley to provide solid waste hauling services within the City of Gilroy?
BACKGROUND
The City contracts through exclusive franchise agreements for solid waste hauling services, sometimes referred to as garbage or refuse service, but which now also includes, due to recent legislation, required recycling and organic waste service . The franchise agreement process is regulated by the Charter. According to the Charter, the maximum term limit on franchise agreements is 25 years.
9.1 Packet Pg. 147
The City entered into its previous franchise agreement on September 2, 1997. At 25 years, the required termination of that franchise agreement was reached on September 2, 2022. The City has been in negotiations with Recology South Valley (Recology) on a new franchise agreement, pursuant to the requirements of the Charter. However, the new franchise agreement that was in negotiations was not able to be completed in time for a transition from the 25-year agreement. An interim franchise agreement was executed, effective August 15, 2022 and terminating December 31, 2022.
Negotiations have continued between the Cit y’s negotiating team and Recology South Valley. New state legislation and court cases have necessitated changes in the franchise agreement between the version adopted in 1997 and the agreement proposed this evening. New legislation includes:
• AB 341 – instituting mandatory commercial recycling to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California.
• AB 1826 – instituting mandatory commercial organics recycling. This bill implemented an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units.
• SB 1383 – instituting required organic waste recycling for residential and commercial customers, building on top of AB 1826. The law requires local agencies to enforce organic waste recycling and food recovery programs, as well as education and outreach.
Adoption by Ordinance Required
The Charter also specifies procedures for adoption of a franchise agreement. The franchise must be granted by ordinance pursuant to Section 600 of the Charter.
Additionally, an urgency ordinance requires five affirmative votes to be passed, pursuant to Section 602 of the Charter, instead of the usual four affirmative votes for regular ordinances.
ANALYSIS
Summary
While the expiration of any franchise agreement would typically involve some updating and modernization of the document, ch anges in California laws and regulations have required the City and Recology to include significant changes in the services provided.
Most notably, SB 1383 and its accompanying regulations mandate that the City take actions to require local residents, businesses, and institutions to divert compostable and recyclable wastes away from the garbage stream. In addition to the marketing and communication efforts that have typically been implemented to encourage recycling, these new regulations require inspections, enforcement, and recordkeeping if the City is
9.1 Packet Pg. 148
to achieve compliance with the State law. State regulations also now require the City to purchase certain quantities of compost or other products made from the diverted organic materials and oversee/support t he recovery of edible food. In addition, the City is now required to ensure that litter is removed from the streets and kept out of the storm drain system. Failure to comply with these mandates will ultimately result in fines from the State.
The City has worked with Recology to develop a franchise agreement with the following attributes:
• Recology continues to perform all of the services they are currently providing including collection, management, disposal, transfer, street sweeping, and billing;
• Recology will initiate a new bulky item collection program for multifamily residences and will cooperate with City efforts to collect waste in special and unusual circumstances at the City's request;
• Recology staff are largely responsible for the maximum amount of SB 1383 compliance activities that State law allows private parties to perform including outreach to customers, inspections, audits, recordkeeping etc.;
• Recology staff will provide the City with enforcement referrals, as needed, to enforce the City's ordinance as required by State law;
• Recology will cooperate with the City's efforts to procure compost or other materials as required by law;
• Recology will provide the City with implementation funds required by the City to comply with State, regional, and/or local laws; and
• Service rates will be adjusted based on updated relevant cost factors and the amount of support required by the City for regulatory compliance.
These additional services will require an increase in the rates paid by customers. The initial increase that was negotiated with Recology would be 13.12% effective January 1.
This increase is broken down in the “Rate Increase” section below.
Key Changes
Below are described the key changes from the 1997 -2022 Solid Waste Franchise Agreement and the proposed ten-year franchise agreement being introduced.
• Term. The term of the new franchise agreement is ten years and seven months, from December 1, 2022 through June 30, 2033. The agreement stipulates that the parties shall meet again and confer on the possible extension during calendar year 2031, well in advance of the term ending date.
• State Legislation Implementation. The new franchise agreement continues implementation of state legislation mentioned earlier relating to solid waste. The three-cart system will remain, but additional efforts as outlined in the agreement,
9.1 Packet Pg. 149
including Exhibit C, include additional workload for Recology to implement these laws for those elements that can be delegated to the franchise waste hauler.
• Rate Increase. Rates are proposed to increase by 13.12%, which results in increases of between $0.97 on the low end and $12.90 on the largest residential rate for multiple carts and hillside location, as shown on Exhibit A. No rate increase was made effective in July of 2022 due to the negotiations underway and the development of the interim agreement. In the proposed agreement, Exhibit A identifies the new rates that would be in effect on December 1, 2022.
The reason for the increase is two-fold:
1. The additional scope of work being performed by Recology related to SB 1383 compliance.
2. The loss of commodity values related to the China National Sword Policy in 2018, a policy initiative by the government of China to monitor and stringently review recyclable waste imports. The China National Sword Policy has reduced the demand for recycling commodities to a point where Recology now must pay to have the material processed. Prior to 2018, hauling companies were paid for recycling commodities. The prior agreement did not consider commodity values as part of the rate change calculation. To protect the rate payers moving forward, in case the demand for commodities returns, changes in commodity values are now included in the rate change calculation.
The detailed breakdown of the negotiated increase is as follows:
• 3.18% - Adjustment that would have normally taken effect on July 1, 2022 but was delayed due to negotiations;
• 1.57% - Adjustment for additional staff and resources required for SB 1383 compliance;
• 3.73% - Adjustment for new bulky item collection program;
• 4.64% - Adjustment for changes in recycling market revenues in which recycling commodities, which used to have value, now actually cost money to be recycled.
The increase above does not include any payment to the City of implementation funds, any compost procurement, or any special collection services as the rate impacts associated with these items will vary depending on the City's request and do not begin on January 1. The earliest some of these charges could be included is July 1, 2023. These are discussed more later in this report.
Staff believes that the rate adjustment is reasonable given the new services required and changes in the marketplace that have impacted Recology financially. Many communities have seen rate a djustments required of over 20% as a result of these same factors. In addition, the City has negotiated for Recology to perform the maximum amount of regulatory services legally
9.1 Packet Pg. 150
permissible in order to avoid the need for additional City staff to maintain compliance.
• Future Rate Increases. Governed by Section 9 of the Agreement, with the basis of calculation and example in Exhibit 2A of the 2022 proposed Agreement, future annual increases will consist of a formula driven by weighted amounts. This formula considers the consumer price index, fuel cost increases, refuse disposal costs, recyclables processing costs, and any exceptional costs that may have been incurred in the year prior.
• Service Level Changes. Below is a table identifying the changes in services received from the 1997 Franchise Agreement and comparing them to the services being provided in the proposed 2022 Franchise Agreement.
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
Performance Audits
Performance audits may
be conducted by the City,
but not more frequently
than once every five years.
[Section 12]
Change - The City now
has the right, at any time
during the term of the
agreement, to conduct an
audit of the performance of
Recology
[Section 2(A)]
Fees Paid to City
Administrative Fee – 4%
Franchise Fee – 5%
[Section 11(d)]
No Change:
Administrative Fee – 4%
Franchise Fee – 5%
[Section 3]
New:
Regulatory and Consulting
Fee - $110,000.
[Section 4]
Collect Refuse from
Homeless Encampments None.
New - Collection provided,
and costs will be included
as exceptional costs in the
rates for the following year.
Only pickup of bins, not
manual labor of ground
cleanup [Section 6(B)]
Bulky Item pickup for
customers (formerly
Spring Cleanup)
Annual Spring Cleanup
event once per year.
Change - Two bulky item
collections per calendar
year. For bin service, the
number of collections per
calendar year shall be half
the number of units. Limits
on type and amount of
collection are imposed
[Section 6(E)]
9.1 Packet Pg. 151
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
Mattress Collection
Events None.
New - Twice per year
mattresses can be
dropped off at the Pacheco
Pass facility, or other
facility owned or operated
by Recology [Section 6(I)]
Compost Procurement None.
New – as part of SB1383,
City is now required to
procure compost at
regulated amounts.
Purchase provisions are
included to allow City to
procure through the
franchise agreement
compost from Recology.
Charges will come through
Exceptional Costs,
accounted for in the
following year’s rate
adjustment. [Section 6(J)]
Solid Waste
Implementation Fee None.
New – The City may, in
implementing the
requirements of the City’s
solid waste programs in
keeping with local,
regional, state and federal
requirements, request and
receive a fee that shall not
exceed the reasonable
foreseeable costs for these
activities, and the costs will
be included in the
exceptional costs for
calculating the next year’s
rate adjustments.
[Section 6(K)]
Develop and Implement
an Outreach and
Education Program
Recology assisted in
promotion of the recycling
program and services.
[Section 4(h)]
Change – the 1997
agreement had a program,
but it has changed over
time, and in the new
agreement has been
expanded due to the
requirements of state
legislation regarding solid
9.1 Packet Pg. 152
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
waste, recycling and
organics recycling
requirements.
[Section 6(L)(xii)]
Liquidated Damages
Liquidated damage
amounts vary from $10-
$50 per occurrence,
depending upon the event,
up to $100 per day for the
largest incident, with
specific causes.
[Exhibit M]
Change – the amount is
now $300 per day, with
certain caps per year that
escalate based on prior
year liquidated damage
amounts levied.
[Section 7(B)]
Termination of Service
for Non-Payment
No termination of service,
lien placed on property
each year for any unpaid
balances.
[Section 11(b)]
Change – the previous
system for continuing
service and applying liens
on property has changed.
Failure of a customer to
make payment who are
120 days in arrears will
now result in termination of
service until the bill is paid.
Details of the timing and
conditions are outlined in
this section.
[Section 11]
Transfer Requests
No reimbursement to City
for costs associated with
analyzing a transfer or
assignment.
[Section 16]
Change - In the event
Recology wishes to
assign/transfer the
agreement, it must pay the
City $50,000 to cover all
direct and indirect costs
with evaluation and
processing requested
transfer.
[Section 15]
Insurance Coverage
$5 million general liability,
as well as other insurance
requirements
Change – Recology will
now retain $10 million in
insurance, with additional
insurance language from
the municipal risk pool the
City participates within,
enhancing protection for
the City and its taxpayers
and ratepayers from losses
9.1 Packet Pg. 153
Service 1997 Franchise
Agreement
2022 Franchise
Agreement
relating to insurance
claims.
[Exhibit B]
SB 1383 Education,
Outreach, and
Enforcement
None.
New – Recology will now
assist the City to comply
with SB 1383 and other
state legislation
surrounding organics and
recycling.
[Exhibit C]
Fiscal Impact of Franchise
The fees paid by the waste hauler are intended to compensate the City for the fiscal impacts of the agreement on the City. There currently is no means to fully assess the full financial impacts of the franchise services on the City’s infrastructure and staffing.
After considering the costs to the City of these various impacts, it is Staff's conclus ion that the fees charged bear a reasonable relationship to the costs and burdens imposed upon the City. These impacts include the following:
• Heavy Vehicles on Streets
Franchise fees are intended, in part, to reimburse the City a portion of its costs in maintaining the City’s street system. This is because a waste hauler franchise agreement provides the waste hauler with special access to City streets, including the unique privilege to use the City’s street network to collect waste and the privilege of placing collection bins within City rights of way. Also, the refuse trucks used by waste haulers, such as Recology, are heavy vehicles, especially when loaded with refuse. To reach each residence, the vehicles travel on local roads as well as collectors and major streets. While some streets are designed with heavier commercial vehicles in mind, most of the surface streets are not designed and built to undertake repeated loads of that size. This leads to significant contributions towards the deterioration of smaller streets. While there is not currently a cost estimate that the City has prepared, the impacts are known in the engineering community. The Franchise Fee is intended to offset this impact by funding, at least in part, the impact of the vehicles on the roadway.
• Contract Management
The contractual management of the previous franchise agreement was conducted with staff in addition to their normal duties, mainly due to the relative simplicity of waste hauling services in 1997 when the franchise agreement was enacted. However, since then the world of solid waste, environmental protections, and other legislative requirements relating to the same have increased complexity and require much more direct oversight of the function and performance of the agreement. This increase has been occurring more rapidly as time has passed, and based on current experience we can anticipate continued
9.1 Packet Pg. 154
new legislation over the next few years that will require increased direct oversight, but to an unknown degree. The Administrativ e Fee is intended to pay for the costs associated with managing the contract and solid waste concerns in the community.
• New Requirements of SB1383 and costs of implementation SB1383 is still in the process of being implemented over the next several years .
The full costs are not known yet. The State mandates are creating new programs without known costs. These programs, including food waste recovery management, organics recycling education, recycling enforcement and reporting requirements are tasks above and beyond managing the franchise agreement.
Additional staff time will be needed to effectuate these new requirements on the City’s behalf. Additional staff time, potentially up to a dedicated staff position for solid waste and environmental services, will be needed. These are costs that are not incorporated into the franchise agreement with a dedicated amount. There is a provision in the agreement that implementation costs that are required to deliver these mandated programs may be included as exceptional costs in each year relating to the rate adjustments.
• Consulting Services and Outside Expertise
To help ensure compliance with State mandates, the City will need to engage consultants with expertise in the field to assist in ensuring that our activities ar e meeting compliance requirements, as well as to help address the new programs that are being implemented. To help pay for this, there is a $110,000 payment from Recology called a Regulatory and Consulting Fee in the franchise agreement. The amount is enough to obtain needed consultant services to help with regulatory and programmatic projects to keep the City in compliance, and lessening the possibility of fines and penalties that taxpayers and ratepayers might have the bear.
Franchise and Administration Fee Rates Unchanged
The Franchise Fee and Administration Fee rates are not changing in this new franchise agreement. These fee rates, 4% for an Administration Fee and 5% for a Franchise Fee, have not changed since 1997. The monthly charges for services ar e increasing by approximately 13%, so the amount that the percentage would generate would increase commensurate with the increase in the monthly rates because the rate paying base is increasing.
New Fees and Potential Costs
There is a new fee, as discussed above, called the Regulatory and Consulting Fee of $110,000 annually to be used to help the City remain compliant with State regulations.
Additionally, there is a cost category called the Implementation Fee which does not have an expressed amount, but that can be used to generate revenue to ensure that the implementation of the mandates are completed, and the costs would be considered exceptional costs for rate adjustments. Finally, the City is mandated to procure an
9.1 Packet Pg. 155
amount each year of compost under SB 1383. The franchise agreement allows the City to identify each year the required amount of compost, and Recology’s cost to provide that compost will be incorporated into the exceptional costs for the annual rate adjustment the following year.
Reasonable Relationship to the Value of the Franchise
Staff has compiled a comparison of current franchise agreements held by other cities within our region, to demonstrate that the fees imposed for the franchise are reasonable to the value as determined through oth er franchise agreement processes. Below is a table that shows the amount of franchise fees compared to the City of Gilroy’s proposed franchise fees.
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
Gilroy (Existing) 9% (4% Admin Fee; 5%
Franchise Fee) N/A
Gilroy (Proposed) 9% (4% Admin Fee; 5%
Franchise Fee) $110,000 Annually
Belmont
26% (10% Franchise Fee;
3.5% AB 939 Payment;
2.5% Collection Vehicle
Payment; 2% Litter Control
Payment; 6% Street
Sweeping Payment; 1%
NPDES Litter Impact
Payment; 1% Rate
Stabilization Fund)
Monthly $0.63 per month
per Single Family
Dwelling and $0.28 per
Multi-Family Dwelling
Unit (Household
Hazardous Waste
Curbside Collection
Payment)
Cupertino 12% (10% Franchise Fee;
2% Franchise Surcharge) N/A
East Palo Alto
Franchise Fees
1. 2.5% of residential
customer’s billed
amount
2. 15.5% of
commercial
Customer’s Billed
amount)
$185,000 Annually (Litter
Abatement Fee)
Los Altos Hills
10% (Franchise Fee for
solid waste)
7.25% (Franchise Fee for
recycling)
N/A
Milpitas 14.17%
$425,000 one-time
payment for procurement
and negotiation of
9.1 Packet Pg. 156
Municipality Aggregate Revenue-
Based Fee Percentage
Aggregate Total Fixed or
Flat Fees
agreement
Redwood City
13.65% (Franchise Fee
13%; AB 939 Fee 0.4%;
Administrative Fee 0.25%)
N/A
San Mateo 4%
$2,192,698 (2017 rates for
Street Sweeping Fee of
$320,000; Landfill Closure
Fee $978,198; and AB 939
Fee of $894,500)
Santa Clara
3% to 18% (based on rate
of recovery of refuse
disposed of by specific
means in the agreement)
N/A
Urgency Ordinance
The urgency ordinance is required as a regular ordinance would not go into effect until thirty days after adoption. With introduction, adoption, and 30 days before implementation, the traditional ordinance would become effective on January 4, 2023, which would require Recology to end its service after December 31, 2022 under the interim agreement. Additionally, the business cycle timing of payments, including to the City, for clean transition would require the effective date for the new long -term franchise agreement to be December 1, 2022. The new franchise ag reement adopted by a traditional ordinance would result in interrupting service for at least 2 -4 days, based on the holiday service schedule. By adopting the agreement through an urgency ordinance as well as the traditional ordinance in a parallel process, the ordinance goes into effect immediately, allowing service to be uninterrupted and preserving public health and safety through sanitation services.
To adopt an urgency ordinance, the Council must find that immediate implementation of the ordinance is necessary to preserve the public peace, health, and safety. (See Section 602 of the Charter.) The Council also must state its reasons for making the required finding. Staff recommends that the finding can be made because:
a. The City is required to provide solid waste hauling services for the protection of public health and safety for reasons set forth in the recitals to the proposed franchise agreement, and to meet legal obligations placed upon it by the State of California.
b. The provision of this service, as a utility, is to be provided by a franchise agreement as indicated in the City Charter. The City Charter requires that the agreements must be adopted by ordinance. The current interim franchise agreement ends on December 31, 2022. Based on the timing of effectiveness for the regular ordinance to be approved and made effective, the interim agreement
9.1 Packet Pg. 157
will end before the effectiveness of the traditional ordinance on or after January 4, 2023.
c. The provision of services without a current franchise agreement is made a misdemeanor by the City Charter, which would prevent the City’s current solid waste hauler from providing its service to meet the City’s obligations relating to health, safety and general welfare of the public beyond December 31, 2022, therefore creating a public health threat.
d. The City has an interim franchise agreement in place through December 31, 2022, and a new one has completed negotiations, but its adoption will not be completed in time to be effective before the end of the interim agreem ent. This urgency ordinance, which takes effect immediately, allows the continuation of essential services until the same franchise agreement adopted through the traditional ordinance process can be completed and become effective.
CEQA Exemption
Adopting this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) in that the proposed ordinance will continue an existing state - mandated program for the p rotection of public health and the environment, and none of the circumstances in CEQA Guidelines Section 15300.2 apply.
ALTERNATIVES
Council may either adopt, reject, or modify the urgency ordinance and attached franchise agreement. Rejection of the item is not recommended, as there would not be sufficient time to find alternatives to provide the service consistent with the Charter.
Modification of the agreement is likewise not recommended, due to the need to take any changes back to Recology to see if agreeable, which may interrupt service for an unknown amount of time.
FISCAL IMPACT/FUNDING SOURCE
All funds received are placed in the City’s General Fund to pay for staffing, streets and roads impacts, and other services and supplies related to refuse an d recycling. As more robustly discussed above, there is no current method to fully encapsulate the net value of costs and the value of negative impacts against the revenue and positive impacts in a manner to produce a specific number. This franchise agreem ent includes the existing 9% of franchise and administration fees that has been in place for the past 25 years, as well as small inclusions for consultant services in the amount of $110,000 annually.
There are mechanisms to increase the value depending upo n how implementation of State mandates proceeds, and what the final cash costs amount to in meeting the legal requirements.
9.1 Packet Pg. 158
Overall, funds received will increase consistent with the total increase in user fees, as that is the basis of the franchise and a dministration fees. Staff expects an increase in those fees by 13.12% above current amounts. In Fiscal Year 2022, the total franchise fees received were approximately $697,100. The 13.12% increase will be a total of $91,460. Combined with the $110,000 for consulting fees, the total increase would be $201,460.
The cost value of the required compost purchase, as well as any additional staffing or services that may become needed to provide this service and comply with the legal mandates placed upon the City by the State of California are not currently known.
CONCLUSION
The City’s negotiations for a new franchise agreement has reached its completion and are being presented for adoption via ordinance. The agreement continues the services currently in place and includes services and requirements that are imposed by the State on the City and passes the maximum amount of responsibility and service to the refuse hauler. There is an increase in the rates charged by the hauler for customers, as contained in the agreement. Given that the inflation for the Bay Area of California is at
6.0% for the 12-month period ending in October as reported by the U.S. Bureau of Labor Statistics, the 13% increase for existing service and the expanded services and duties under this agreement is reasonable.
Due to the termination date of the interim agreement, the need for the new franchise agreement to be effective December 1, 2022, and the time that it would take for a regular ordinance to become effective, an urgency ordinance is ne eded to allow the franchise agreement to become effective in a timely manner to retain services, meeting the state mandated public health service requirements placed upon the City. The franchise agreement would continue until June 30, 2033.
NEXT STEPS
With approval of the urgency ordinance and franchise agreement, the City Clerk’s Office will complete the required public noticing. The City Administrator or designee will execute the agreement.
Concurrently, there is an item on this agenda to introduc e a regular ordinance adopting the franchise agreement. Should Council introduce this ordinance, staff will place said ordinance adopting the agreement onto the December 5, 2022 Council agenda for adoption.
PUBLIC OUTREACH
This item was advertised in the Gilroy Dispatch on November 11, 2022 and has been included on the publicly posted agenda for this Council Meeting.
9.1 Packet Pg. 159
Attachments:
1. Draft Urgency Ordinance
2. Proposed Franchise Agreement
9.1 Packet Pg. 160
ORDINANCE NO. 2022-XX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A FRANCHISE AGREEMENT WITH RECOLOGY
SOUTH VALLEY FOR SOLID WASTE HAULING SERVICES AND A
FINDING THAT ITS ACTION IN ADOPTING THE ORDINANCE IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) IN
THAT THE PROPOSED ORDINANCE WILL CONTINUE AN EXISTING
STATE-MANDATED PROGRAM FOR THE PROTECTION OF PUBLIC
HEALTH AND THE ENVIRONMENT, AND NONE OF THE
CIRCUMSTANCES IN CEQA GUIDELINES SECTION 15300.2 APPLY
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City Charter, Section 600, the City Council has the authority to enact ordinances which promote the public health, safety and general welfare of its residents, including sanitation ordinances and regulations; and
WHEREAS, the provision of sanitary solid waste hauling services is an essential component to protecting public health, safety, and welfare, and is a state mandated service; and
WHEREAS, solid waste hauling services are contracted through an exclusive franchise agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and
WHEREAS, Section 1302 of Article XIII of the City Charter places a term limitation on franchise agreements at a maximum of 25 years; and
WHEREAS, the prior franchise agreement was adopted on September 2, 1997, which established the 25-year limitation date to be up to and including September 2, 2022, necessitating a new franchise agreement by that date; and
WHEREAS, the City has been in negotiations on a new franchise agreement with Recology South Valley (Recology), but was not able to reach agreement in time for the new, long- term agreement to become effective before the end of the 1997 franchise agreement; and
WHEREAS, a franchise agreement is required to continue providing solid waste hauling services, a state mandate, generating an urgent need to place a franchise agreement for solid waste hauling services into effect; and
WHEREAS, the City and Recology entered into a short-term interim franchise agreement, which lasts until December 31, 2022, to sustain this essential component of protecting the public health while the negotiations completed on the new, longer-term franchise agreement; and,
9.1.a
Packet Pg. 161 Attachment: Draft Urgency Ordinance (4046 : Franchise Agreement Urgency Ordinance)
Ordinance No. 2022-XX
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022