City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment to City Boards, Commissions, and Committees with Open Vacancies
Meeting Date: April 3, 2023
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Nam Pham, City Clerk
Prepared By: Thai Nam Pham, City Clerk
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Appoint members to Boards, Commissions, and Committees with open vacancies.
BACKGROUND
Five of the City’s Boards, Commissions, and Committees (Arts & Culture Commission, Library Commission, Personnel Commission, Parks and Recreation Commission, and Physically Challenged Board of Appeals) currently have seats vacant as of April 3, 2023. At the close of the recruitment period, no new applications were received for any of the commissions and boards referenced above. Staff did receive notice of interest from previous applicants Vincent Saso and Terrence Fugazzi for the Parks and Recreation Commission with a term expiring December 31, 2023. On March 20, 2023, staff received a letter of resignation from Parks and Recreation Commissioner Eric Arredondo, leaving another seat vacant for a term ending on December 31, 2025. On March 27, 2023, staff received a letter of resignation from Parks and Recreation Commissioner Sergio Patterson, leaving another seat vacant for a term ending on December 31, 2025.
The Council interviewed both applicants at the March 20, 2023 Regular Meeting. The Council is now asked to consider their appointments to the Parks and Recreation Commission.
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Appointment to City Boards, Commissions, and Committees with Open Vacancies City of Gilroy City Council Page 2 of 2 April 3, 2023 5 6 It should be noted that the City has previously adhered to a practice that did not allow an individual board/commission/committee member to serve simultaneously as a member of two different boards/commissions/committees. This was incorporated to allow as many residents as possible to participate in advisory roles. Currently, there are numerous commission vacancies, and Mr. Fugazzi has shown an interest in serving on two commissions simultaneously. As there are no legal hurdles (and no apparent conflicts of interest) to Mr. Fugazzi serving on two separate commissions simultaneously, Council should consider his appointment to a second commission should he be deemed a suitable appointee.
Attachments:
1. Parks and Recreation Application – Vincent Saso
2. Parks and Recreation Application – Terence Fugazzi
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City of Gilroy
STAFF REPORT
Agenda Item Title: Enhancing the Access to the Internet and Technology for Gilroy’s Youth
Meeting Date: April 3, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council provide direction.
BACKGROUND
This topic was discussed at the February 20, 2021 and March 29, 2021 special meetings for strategic planning and the Council’s Legislative Agenda for Fiscal Year 2022 and Fiscal Year 2023. At these meetings, the topic was raised regarding challenges for school children who, due to economic challenges, were not able to access the internet to attend school virtually. Additional concerns that were raised included businesses requiring a greater scope of accessibility to the internet for business attraction, the challenges that were resolved at the Ochoa Camp to bring internet to their site from the Sewer Treatment Plant so they could attend school, and discussions about potential downtown Wi-Fi service being provided, and looking at the potential for partnerships with Amazon and other possible partners in providing services. There was also discussion about partnering with the County on a multijurisdictional group to establish better internet access for communities in the County.
ANALYSIS
Assessing If There is a Continuing Need
Agenda Item 11.1 Page 728 of 768
Enhancing the Access to the Internet and Technology for Gilroy’s Youth City of Gilroy City Council Page 2 of 4 April 3, 2023
At the time when this matter was discussed, the pandemic was fully underway and classes by the Gilroy Unified School District (GUSD) were being held virtually. During the pandemic and after the Legislative Agenda was adopted, GUSD invested significantly to provide their students the technology and internet access to attend school virtually. At this time, the classes are also back to in-person instruction, lessening the critical need that was present at the time of the Legislative Agenda adoption as it relates to youth access to attend classes. Additionally, since the adoption of the Legislative Agenda, Frontier Communications has submitted plans and has begun deploying a citywide fiber optic network, which will enhance the speeds and bandwidth for internet service in the community.
There are no set metrics available to the City to provide a defined level of access to technology, nor a detailed description of what technology or technological services may be lacking. As such, staff is not able to provide a quantitative or qualitative analysis on this topic to advise Council on the level of need present in the community.
While the newer developments may not address those currently experiencing economic challenges and an ability to pay for high-speed internet, the question is if this is something the City should be involved in addressing, and if so, to what extent.
Possible City Actions
Council could determine that a market failure is present. As staff has begun a cursory analysis of this topic, there are many different approaches that the City could undertake.
Before spending significant staff time and resources to vet every option thoroughly, staff wishes to gain Council consensus on what levels of financial and operational commitment it is willing to consider. This will help determine if there are options that are not to be evaluated to allow a greater focus on other areas. The options that have been identified are broken down into the following three categories based on financial and operational commitment.
Direct Service Provision
This would involve the City in directly providing the service. This may take several forms. For example, some cities provide regional Wi-Fi access for free, such as in downtown areas or designated zones. Others provide internet access by providing the infrastructure, such as a fiber optic data network, and charge for services similar to other utilities (water, sewer, etc.).
These types of direct services carry a higher cost than the other categories and require higher commitments of operational resources and staff time. This category is also likely to result in the highest level of dependency on the service and present a higher level of risk of abuse of the service. This category does, however, provide the most control over providing equitable access to technology. Depending upon the type of service being provided, fair rates within the service and competitive rates compared to market services would need to be analyzed.
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Direct provision of service is typically made when there is a market failure, which is a need where the services available in the market are either unable to provide service adequate to meet the need, the cost of the service in the private market is too great for a need that is fundamental to health and safety, or where a private company is not a proper source to provide the service. These typically are heavily regulated services or needs involving health and safety, such as fire, police, emergency medical, public health, and other services where it is not in the best interest of the public to rely on private companies for the service or to achieve cost savings for all members utilizing such a service.
Subsidization
The Council may also consider providing a form of subsidy to either a service provider to expand their services to areas that are not connected or directly to those currently challenged to pay the costs associated with access to the internet to attempt to grant additional access points for residents. This could take the form of a benefit provided to others already on discounted utility or other services or some other program that provides a stipend to provide the connection. The details of such a program, including eligibility, amount, length of term, etc., will be an important element of any eventual analysis should Council determine to pursue a program in this category.
This type of program has fewer financial and operational commitments than direct service provision and produces less dependency as it respects scale but may produce the same level of dependency at the individual level. The operational and staff time costs are much reduced compared to direct service provision. Additionally, the chance of liability is also reduced to nominal levels compared to direct service provision. The level of ability to influence access to technology is reduced compared to direct service, as it is dependent upon others to provide the access points.
Advocacy and Support
This category would include activities such as meeting with service providers to raise concerns about access to the internet or other technology needs, as well as meeting with non-profit organizations and other governmental agencies to see if collaboratives or alternate service delivery models are possible to meet the need. The goal would be to convince other organizations to either subsidize or directly provide the service for our residents who lack access to technology.
This option would not require any financial support from the City but may require more staff time than some subsidization options. There would be no financial commitments, liability, or dependency on the City to maintain a service or program to retain residents’ access to technology. However, this category does not grant much, if any, ability to directly influence the means or ability to access technology for our residents.
Workforce Ability to Take on Tasks
As evidenced in the recent strategic planning sessions and assessing the staffing levels and work plans for the budget process, any activity listed above will need staff resources to deliver. Direct Service Provision would require the most, while Agenda Item 11.1 Page 730 of 768
Enhancing the Access to the Internet and Technology for Gilroy’s Youth City of Gilroy City Council Page 4 of 4 April 3, 2023
subsidization and advocacy will consume some staff time that may detract from current Council priorities or mandated and core projects or services. Staff is recommending that Council:
1. Determine if this is a need that will warrant the staff time to dig into deeper analysis, let alone for carrying out the activity; then
2. If determined that the need warrants analysis of options, identify for staff what category or types of programs Council wants to be evaluated and options explored.
Staff will then, if the direction is to proceed into analysis, evaluate the options based on Council feedback.
ALTERNATIVES
Council may provide direction to pursue or discontinue any work relating to policies or activities relating to enhancing the access for Gilroy’s youth to the internet and technology.
FISCAL IMPACT/FUNDING SOURCE
None. This report is seeking Council direction. Based upon the direction received, any programs or projects proposed would be brought back to Council after analysis, including a fiscal report at the time of Council consideration.
PUBLIC OUTREACH
This item was included in the publicly posted agenda for this meeting.
NEXT STEPS
Staff will take direction from Council, and if the direction is to analyze and report back on a potential policy, program or project, staff will return to Council for consideration of the same.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Creating a Job Protection Policy Meeting Date: April 3, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council provide direction.
BACKGROUND
At the February 20, 2021 and March 29, 2021 special meeting regarding strategic planning and the formation of the City Council’s FY22 and FY23 Legislative Agenda, the topic of a potential job protection policy was raised. The statements at those meetings involving this subject included:
• Other cities in the County and State have such policies • Helps workers during pandemics and recessions
• If a worker gets laid off, allows such workers to be first in line to be retained/rehired
• If a company/contractor sells to another, would require new contractor to retain the purchased company’s employees for a brief time period, 90 days was given as an example
ANALYSIS
Staff has conducted research and found several cities that had adopted Right of Recall Ordinances (ROROs). These ordinances were established as COVID responses to the layoffs of service, tourism, and other industries impacted by the shutdowns as a Agenda Item 11.2 Page 732 of 768
Consideration of Creating a Job Protection Policy
City of Gilroy City Council Page 2 of 3 April 3, 2023
protection mechanism during the pandemic. Most of the ROROs found are from larger cities, including cities such as San Diego, Los Angeles, San Francisco, and others.
These typically establish a timeframe from the point of layoff, usually within a few months after layoff, to when they would have to be offered their position back before recruitment could be done of a new employee. The laid-off employee would have five or so days to accept the position, or the business could hire whomever they desire to employ. Some of these ordinances, like San Diego’s, have sunset provisions where the ordinance automatically ends (March 8, 2022, in this example). Others, like Los Angeles’ ordinance, have a review report to determine if the ordinance’s provisions are still necessary. In all of the ordinances reviewed, none appear to be designed to be perpetual and only applied to layoffs or restructuring due to the pandemic stay-at-home orders and impacts.
Later during the pandemic, the State of California enacted SB 93, which implemented similar requirements state-wide. The law is still in effect and sunset on December 31, 2024, roughly a year and eight months from this meeting. The Bill requires that an employer, as defined, offer its laid-off employees specified information about job positions that become available that the laid-off employees are qualified for and to offer positions to those laid-off employees based on a preference system. Positions that qualify are those whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic.
Based on the nature of these example ordinances and the current state law, staff believes that there is not currently a need for this type of ordinance unless Council desires to have these protections extend beyond December 31, 2024 timeframe or wishes to have a policy cover conditions that are not contained in SB 93. If Council wishes to proceed, depending upon what terms of the possible job protection ordinance are being requested, a legal analysis will be needed to determine what is acceptable, as well as what resources, both staff time and financial, are going to be expended to monitor these conditions, what triggers the requirement, and what penalties for noncompliance might be.
ALTERNATIVES
Council may direct staff to cease activity on this task or direct certain research or actions to be undertaken to develop a job protection policy.
FISCAL IMPACT/FUNDING SOURCE
None. This item seeks Council direction before expending staff time on further detailed research and policy development. No financial resources are anticipated to be spent.
Any fiscal impact of any proposed policy at the completion of this process would be analyzed and reported at the recommendation of adopting such a policy.
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City of Gilroy City Council Page 3 of 3 April 3, 2023
PUBLIC OUTREACH
This item was included in the publicly posted agenda for this meeting.
NEXT STEPS
Staff will take the Council’s direction, and either pursue or cease work on this potential policy as it so directs.
Attachments:
1. California SB 93 adopted bill language.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Review and Approve an Extension to the Memorandum of Understanding and Related Salary
Schedules for the Gilroy Police Officers Association
for the Period Ending June 30, 2025
Meeting Date: April 3, 2023
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
1. Approve the Extension and Supplemental Agreement to the Memorandum of Understanding with the Gilroy Police Officers Association for the Period Ending June 30, 2025.
2. Adopt by Resolution the Salary Schedules Associated with the Gilroy Police Officers Association Memorandum of Understanding/Supplemental Agreement for the Period July 1, 2023 - June 30, 2025.
EXECUTIVE SUMMARY
The Gilroy Police Officers Association (GPOA) requested to engage in discussions with the City regarding the terms of their current Memoranda of Understanding (MOU).
Although in a closed agreement, the City Council authorized City negotiators to hold discussions with the GPOA because the GPOA had agreed to concessions during the Covid recession and was the only labor group that did not discuss MOU terms following the Covid recovery period. As a result of the discussions, a Supplemental Agreement to Agenda Item 11.3 Page 739 of 768
Review and Approve an Extension to the Memorandum of Understanding and Related Salary Schedules for the Gilroy Police Officers Association for the Period Ending June 30, 2025.
City of Gilroy City Council Page 2 of 3 April 3, 2023
the GPOA Memorandum of Understanding is being presented to the City Council for review and approval.
BACKGROUND
In 2020, as a result of the Covid recession, the GPOA agreed to financial concessions that were memorialized in a Supplemental Agreement. Of note, the GPOA gave up a four percent (4%) salary increase that was scheduled for July 1, 2020 and agreed to a reduced salary increase from 4% to 3% for FY 22. In addition, the parties agreed to extend the MOU for two additional years through June 30, 2024 with a 3% salary increase each year.
At the beginning of the current fiscal year (FY 23), all the other labor groups reached agreements on new labor contracts. These contracts focused on recruitment and retention of employees and provided various salary and benefit improvements. As noted above, the GPOA was the only group that did not negotiate a new MOU at the start of FY 23 as the GPOA agreement was not scheduled to expire until June 30, 2024.
The GPOA Supplemental Agreement, like the other employee agreements approved earlier this fiscal year, contain retention salary steps added to the upper end of the salary schedule. These retention steps are designed to encourage employee retention as the employee can only earn the retention steps through years of service and a good employee performance evaluation.
The additional year added to the MOU provides important labor stability for the organization. In addition, the employees know what salary increases are scheduled so they can plan for the future. Also, the future salary increases are an important tool when recruiting new Police Officers and Detention Services Officers as this information is shared with job applicants and the future compensation increases are very attractive to new hires.
ANALYSIS
The new Supplemental Agreement to the GPOA MOU being presented includes the following changes:
• Term of MOU is extended for one year through June 30, 2025. • The salary increases scheduled for FY 24 (1.5% - 7/1/23; 1.5% 1/1/24) are deleted and replaced with a 4% increase effective 7/1/23. • A 2.5% retention step (Step F) is added effective 1/1/24. To access this step the employee must have one year at Step E, must have completed five years of service, and must have a good performance evaluation.
• A 3% cost of living increase effective 7/1/24 (COLA).
Agenda Item 11.3 Page 740 of 768
Review and Approve an Extension to the Memorandum of Understanding and Related Salary Schedules for the Gilroy Police Officers Association for the Period Ending June 30, 2025.
City of Gilroy City Council Page 3 of 3 April 3, 2023
• A 2.5% retention step (Step G) is added effective 1/1/25. To access this step the employee must have one year at Step F, must have completed five years of service, and must have a good performance evaluation.
• Added two new specialty assignments to qualify/requalify for the existing Master Officer Program.
• Small increase ($2 per employee per month) to the City-paid portion of the LongTerm Disability insurance program. • Continue existing Retiree Medical Trust contributions through term of MOU.
FISCAL IMPACT/FUNDING SOURCE
The new cost associated with the Supplemental Agreement provisions is estimated to be $225,000 for FY 24 and approximately $592,000 for FY 25. These amounts will be included in the FY 24 and FY 25 budget that will be presented to Council in June 2023.
NEXT STEPS
Following Council approval of the Supplemental Agreement and related Salary Schedules, City representatives will sign-off on the Supplemental Agreement document.
The two minor benefit changes will go into effect immediately (LTD & Master Officer Program changes) while the salary changes included in the Agreement are not effective until FY 24 and 25 and will not be implemented until the effective dates noted in the Supplemental Agreement.
Attachments:
1. Gilroy Police Officers Association Supplemental Agreement – April 3, 2023
2. Salary Resolution and Related Salary Schedules for the period July 1, 2023 – June 30, 2025
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City of Gilroy/Gilroy Police Officers Association 2023
1 MEMORANDUM OF UNDERSTANDING EXTENSION
SUPPLEMENTAL AGREEMENT
EFFECTIVE UPON GILROY CITY COUNCIL APPROVAL
APRIL 3, 2023
At this time, the City of Gilroy (“City”) and the Gilroy Police Officers Association (“GPOA”) have agreed to extend the current Memorandum of Understanding (MOU) for represented employees and intend to maintain the terms of the MOU subject to the below changes. On a non-precedent setting basis, the parties agreed to the below changes considering the concessions that were agreed upon in 2020 because of Covid-19. Due to the prior GPOA MOU extension with concessions, the GPOA was the only Gilroy labor group that did not have formal negotiations with the City since the time of the 2020 concessions.
Approval of Parties
The terms of this Tentative Agreement are subject to final approval of the City Council. The members of the GPOA approved the terms of this Tentative Agreement on February 23, 2023.
Term of Agreement
This Agreement shall be effective upon ratification and approval by the members of the GPOA (occurred on February 23, 2023) and upon approval by the Gilroy City Council (scheduled for April 3, 2023). The Term of the Memorandum of Understanding shall be extended from the effective date through June 30, 2025.
Salaries
MOU Article IV, Sections A and B as amended by the Supplemental Agreement approved by the Gilroy City Council on August 3, 2021, are amended as follows:
1. Effective the start of the pay period beginning July 1, 2021 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one and one-half percent (1.5%).
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2 2. Effective the start of the pay period beginning January 1, 2022 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one and one-half percent (1.5%).
3. Effective the start of the pay period beginning July 1, 2022 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one and one-half percent (1.5%).
4. Effective the start of the pay period beginning January 1, 2023 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one and one-half percent (1.5%).
5. Effective the start of the pay period beginning July 1, 2023 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one and one-half percent (1.5%).
6. Effective the start of the pay period beginning January 1, 2024 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by one point five percent (1.5%).
5. Effective the start of the pay period beginning July 1, 2023 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by three percent (3%). In addition, effective the start of the pay period beginning July 1, 2023, the salaries for all bargaining unit members (except those who are Y-rated) shall be further increased by a one percent (1.0%) Equity Adjustment. (Exhibit A to this Supplemental Agreement incorporates both the Salary and Equity Adjustment).
6. Effective the start of the pay period beginning July 1, 2024 the salaries for all bargaining unit members (except those who are Y-rated) shall be increased by three percent (3%). (Exhibit B to this Supplemental Agreement incorporates this Salary Adjustment).
Retention Steps:
Step F (5 Years)
Effective January 1, 2024, the City will add a new Step F to the salary schedule for each bargaining unit classification. Step F will be set approximately 2.5% higher than the existing Step E. In addition to the normal requirements for Step Advancement (12 months of “meets standards” or better performance at Step E), an employee must have completed five (5) years of service in the bargaining unit.
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3 Employees who qualify for Step F as of January 1, 2024 (i.e., have both 5 years of service and 12 months at Step E) will be eligible to advance to Step F on January 1, 2024. For these employees, January 1 will become their new evaluation date. All other employees will be eligible to advance to Step F on their regularly scheduled evaluation date. b. Step G (5 Years)
Effective the first full pay period following January 1, 2025, the City will add a new Step G to the salary schedule for each bargaining unit classification. Step G will be set approximately 2.5% higher than the existing Step F. In addition to the normal requirements for Step Advancement (12 months of “meets standards” or better performance at Step F), an employee must have completed five (5) years of service in the bargaining unit.
Employees will be eligible to advance to Step G on their regularly scheduled evaluation date.
Master Officer Program:
1. Bargaining unit members who meet the following requirements shall receive a 5% Master Officer pay differential (5% of base pay only) in lieu of specialty pays.
2. Initial Program Requirements for any employee in this Unit wishing to join the Master Officer Program.
a. Ten (10) years with Gilroy Police Department (GPD). Up to five (5) years of the ten (10) year full-time classification requirement may be met by the employee having held full-time employment in the same classification with another law enforcement agency. The lateral time must be in the same classification the employee holds with Gilroy Police Department. b. Nine (9) years in designated specialties with GPD.
(1) Must have at least one (1) year each in at least three (3) different specialties. MSO’s may qualify with two (2) different specialties. (2) Specialty assignments must be at least one year in length to initially qualify. Thereafter, partial years may count toward requalification. (3) “Full time” specialties count one year per year of time in specialty. Officers hired in as a lateral officer may count one full-time specialty from their prior law enforcement agency subject to the review and acceptance by the DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 Agenda Item 11.3 Page 744 of 768
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4 city at the city’s sole discretion. Lateral officers will be required to submit written documentation for the City’s consideration.
(4) “Half time” specialties count one-half of year per year of time in specialty. (5) “Quarter time” specialties count one-quarter of year per year of time actively serving as an instructor in one or more of the areas noted below. (6) Three (3) years of qualifying time must be full-time specialties (per the list below). The City, at it’s sole discretion, may consider an application for Master Officer with less than three years in full-time specialties when the employee’s participation in the full-time specialty assignment ends prior to three years as a result of budget reductions causing the specialty assignment to be eliminated.
(7) Employee can simultaneously perform up to three (3) specialties. (8) Supervisors coordinating specialty units who are also members of those specialty units get credit for being a member of the specialty, or for being the coordinator, but not for both simultaneously.
3. Qualifying Specialties:
a. Full Time
(1) Traffic
(2) Detectives
(3) SCCSET, RATTF, REACT, DEA, AB 109, or other full-time task force position
(4) Canine
(5) School Resource Officer (SRO)
(6) Administration Sergeant (Internal Affairs, PIO, etc.) (7) ACT
(8) FTO (not including Corporal)
Note: Employees who have at least one year as a Corporal prior to 7/1/06 may use one year of Corporal time as FTO time for Master Officer Program purposes.
(9) Community Engagement Team
b. Half Time
(1) CIRT (SOG & HNT)
(2) CSI
(3) Arson
(4) MAIT
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5 (5) Firearms Instructor
(6) Defensive Tactics/Less Lethal Instructor
(7) Specialty Assignment Coordinators (including, but not limited to, Reserves, MSO, CSI, FTO, etc.)
(8) Mounted Unit
(9) Honor Guard
(10) Drug Recognition Expert
(11) Electronic Forensic Examiner
(11)(12) Drone Unit
c. Quarter Time
(1) First Aid/CPR Instructor
(2) Driving Instructor
(3) Explorer Advisor
(4) Critical Incident Stress Debrief (CISD) Team Member (5) Parent Project Instructor
(6) Fitness Program Coordinator
(7) Homeless Liaison Officer
(8) Specialty Assignment Coordinator (Bike Team, Dual Sport) (9) SCC Crowd Control Task Force
4. Application Process:
a. Employee must submit application with appropriate backup information documenting their qualifications.
b. Employees are responsible for maintaining their qualifications and for providing written proof of compliance to Police Administration.
5. Timeline for Submission of Master Officer Documentation. a. Master Officer Pay starts the first of the month following submission (of a complete packet) and approval of the Master Officer qualification packet provided that the packet is submitted to Field Operations Captain by the 15th of the prior month.
6. The number and type of specialty assignments (full-time or collateral) shall remain at the discretion of the Chief of Police.
7. Per General Order 5.4, specialty assignments (full-time and collateral) shall continue to be one year and may be extended by the Chief of Police for an DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 Agenda Item 11.3 Page 746 of 768
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6 additional one year period to a maximum of five years. No maximum tenure for collateral, part-time assignments as listed in GO 5.4.
8. Maintenance of Master Officer Status and Related Pay. In order for an employee to maintain their Master Officer Status and Related Pay once they have originally qualified, Master Officers must complete a. AND b. below:
a. Starting January 1, 2007, every three years, complete at least one “update class” (at least 24 hours) in a “qualifying specialty” (i.e., a specialty which the employee used to qualify for Master Officer status). The 24 hour requirement does not need to be at the same class or at the same time. b. Every five years, complete at least one full year in any qualifying specialty.
Employees may count time in half time and quarter time specialties, however, the time must total a full year, i.e. employee must complete two years in an assignment that is in the half time category and four years in an assignment that is in the quarter time category.
9. Re-Institution of Master Officer Pay. In order to have Master Officer Pay reinstituted, the employee must complete both a. AND b. below:
a. Completion of an “update class” (at least 24 hours) in a “qualifying specialty” (i.e., a specialty which the employee used to qualify for Master Officer status). b. Completion of a full year in any qualifying specialty. Employees may count time in half time and quarter time specialties, however, the time must total a full year, i.e. employee must complete two years in an assignment that is in the half time category and four years in an assignment that is in the quarter time category.
c. Master Officer Pay will be re-instituted effective the July 1 or January 1 following the successful completion of the requirement noted above.
Retiree Medical Trust
MOU Article IV, Section O shall be amended as follows:
1. The Association intends to join the PORAC Retiree Medical Trust (Trust), the sole purpose of which is to provide funding for medical expenses and health insurance costs for eligible retirees or qualified family members of eligible retirees as established by the Trust.
Participation in the Trust shall be the complete and sole responsibility of the Association.
The City shall not have any involvement in the Trust’s design, its administration, or in the benefits paid; nor shall the City have any responsibility for any actions of the Trust or its DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 Agenda Item 11.3 Page 747 of 768
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7 trustees or of Association with respect to the Trust. The Association will indemnify, defend and hold harmless the City, its agents, officers, and employees, against any and all claims or legal proceedings regarding the operation of the Trust.
2. In lieu of continuing the additional personal leave hours in section VI. J, effective July 1, 2018 and for the term of this agreement, City will contribute $150 per month on behalf of each bargaining unit member, in one aggregate check, to the Trust, which will include a report on the employees covered by the aggregate contribution.
Effective July 1, 2022 through June 30, 2023, City will contribute $225 per month on behalf of each bargaining unit member, in one aggregate check, to the Trust, which will include a report on the employees covered by the aggregate contribution. Effective July 1, 2023 through June 30, 20245, City will contribute $300 per month on behalf of each bargaining unit member, in one aggregate check, to the Trust, which will include a report on the employees covered by the aggregate contribution. Effective June 30, 20245, this paragraph will sunset and the City contribution will revert to $150 per month as described above.
3. The Association shall have the option, during the life of this agreement, to establish a mandatory employee contribution to the Trust including, but not limited to, an active employee contribution and/or a percentage of accrued vacation at retirement. The Association will notify the City at least thirty (30) days prior to the beginning of any mandatory employee contributions, and the City will transfer that amount to the Trust in one aggregate check. Future changes to the mandatory employee contribution amount will occur at the start of a calendar year and POA will notify the Human Resources Department of the new contribution rate at least thirty (30) days prior to changing the mandatory employee contributions.
Employee Contribution: Beginning with the payroll cycle following the establishment of the Retiree Medical Trust, the City shall deduct, on a pre-tax basis, from each covered employee’s payroll $150.00 per month to the Trust. Effective July 1, 2022 through June 30, 2023, the City shall deduct, on a pre-tax basis, from each covered employee’s payroll $75.00 per month to the Trust. Effective July 1, 2023 through June 30, 20245, employees will not make a monthly pre-tax contribution to the trust. a. No employee election forms will be allowed or requested and there is no option for the employee to receive these funds in cash. This employee contribution amount may change in future calendar years following the procedure noted in 3. above.
DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 Agenda Item 11.3 Page 748 of 768
City of Gilroy/Gilroy Police Officers Association 2023
8 b. Vacation Cash Out: Effective October 1, 2021, Uupon a covered employee’s separation from City of Gilroy employment, twentyone hundred percent (2100%) of the dollar amount of the employee’s vacation cash out shall be deducted on a pre-tax basis and transferred to the Trust. There is no option for the employee to receive the twentyone hundred percent (2100%) portion of the vacation cash out in cash. The percentage amount noted above may change in future calendar years following the procedure noted in 3. above. (The edits noted in b. Vacation Cash Out are incorporated from a prior side letter agreement dated September 30, 2021.)
4. The parties recognize the complexity of maintaining both the Trust and the Retention/Recognition Program and agree that successor MOU negotiations will include negotiations over continued contributions to the Trust and the potential transition from the Retention/Recognition Program to the Trust.
Long Term Disability Insurance:
The City shall contribute up to thirty-fivesix dollars ($356.00) per employee per month toward the Long Term/Short Term Disability Insurance Program currently offered through the Association for unit members. The premiums paid by the city on behalf of the members will be considered taxable income so that any benefits received by the member are nontaxable.
DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 Agenda Item 11.3 Page 749 of 768
City of Gilroy/Gilroy Police Officers Association 2023
9 Existing MOU and Supplemental Agreements.
This Tentative Agreement identifies those articles, sections, and subsections of the Memorandum of Understanding and Supplemental Agreements between the City and the Gilroy Police Officers Association that the parties have mutually agreed to revise. All other terms of the Memorandum of Understanding and Supplemental Agreements remain in full force and effect. If approved by the parties, they may generate a new MOU incorporating the terms set forth above.
For the City of Gilroy:
Signature/Date
For the Gilroy Police Officers Association:
Signature/Date
___________________________________
LeeAnn McPhillips, Assistant City
Administrator/Administrative Services &
Human Resources Director
____________________________________
Brian Dutton, GPOA Negotiator
___________________________________
Jimmy Forbis, City Administrator
____________________________________
Jesus Cortez, GPOA President
___________________________________
Jason Smith, Police Captain
____________________________________
Andrew Lopez, GPOA Vice President
DocuSign Envelope ID: 49E687FD-02C1-4B01-BA7A-5B3359E1AC96 3/27/2023
3/27/2023
3/27/2023
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City of Gilroy
STAFF REPORT
Agenda Item Title: Updates to Employment Agreement for City Administrator Jimmy Forbis
Meeting Date: April 3, 2023
From: Marie Blankley, Mayor
Department: City Council
Submitted By: Marie Blankley, Mayor
Prepared By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Approve updates to City Administrator’s Employment Agreement effective April 3, 2023 and authorize the Mayor to sign the Employment Agreement on behalf of the City/City Council.
EXECUTIVE SUMMARY
The City Council recently completed the City Administrator’s annual performance evaluation process. Following that process, a brief contract negotiations process was completed with the Mayor serving as the negotiator. At this time, the Mayor is presenting an updated Employment Agreement with two changes for the City Council’s consideration.
BACKGROUND
The two recommended changes to the City Administrator’s Employment Agreement are effective January 1, 2023 as follows:
• Increase vacation accrual from three weeks per year to four weeks per year. • Increase City’s contribution to the City Administrator’s 457 deferred compensation plan from 50% of the regular annual maximum ($11,250 annually) Agenda Item 11.4 Page 757 of 768
Updates to Employment Agreement for City Administrator Jimmy Forbis City of Gilroy City Council Page 2 of 2 April 3, 2023 1 0 contribution to 100% of the regular annual maximum ($22,500 annually). This annual amount adjusts each year with the maximum limit set by the Internal Revenue Code.
All other terms and conditions of employment will remain as is.
A copy of the City Administrator’s employment agreement with these two changes noted in the track changes format is attached for reference.
FISCAL IMPACT/FUNDING SOURCE
The new cost associated with the above changes is $11,250 annually for the increased cost of the City contribution to the deferred compensation plan. The increase in vacation does not have a direct hard cost as the benefit is in the form of time off and is only paid out in cash upon separation from employment.
NEXT STEPS
Upon Council approval of the amended employment agreement, the agreement will be put in the final (non-track changes) form and signed by the City Administrator and Mayor.
Attachments:
1. Revised Employment Agreement for City Administrator, Jimmy Forbis Agenda Item 11.4 Page 758 of 768
DRAFT AGREEMENT
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Employment Agreement
This Employment Agreement is made and entered into this 5th3rd day of OctoberApril, 20203, by and between the CITY OF GILROY, California, a municipal corporation, (hereinafter called "Employer") and JIMMY FORBIS, (hereinafter called "Employee") both of whom agree as follows:
Section 1: Term
This agreement shall remain in full force and effect from AprilOctober 63, 20203 until terminated as provided in Sections 6 or 7 of this agreement.
Section 2: Duties and Authority
Employer employs Jimmy Forbis as City Administrator to perform the functions and duties specified in the City of Gilroy charter and to perform other legally permissible and proper duties and functions.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of $277,614.00 payable in monthly installments ($23,134.37) on the first business day of the month for the prior month of service.
B. Future Salary Increases: Employee’s annual base salary will be ten percent (10%) above the highest paid executive-level position in the City. If the highest paid executive-level employee receives a cost-of-living percentage increase approved by the City Council, the same cost-ofliving percentage increase will be provided to the Employee.
C. Effective January 1, 2023October 6, 2020, Employer shall contribute to the Employee’s 457 Deferred Compensation Plan (employee must select from an already established city plan) an amount equivalent to one hundredfifty percent (5100%) of the Internal Revenue Code regular maximum annual 457 plan contribution limit. The 2023 limit is $22,500 and this amount may change annually. Employer’s 457 plan contribution shall be made monthly with Employee’s payroll.
D. Other than the above, there is no guarantee or promise of any increase in salary or deferred compensation benefit.
Section 4: Benefits, Vacation and Leaves of Absence
A. Except as specifically provided herein, Employer agrees to provide Employee the same level of health insurance, disability and life insurance, retirement, sick leave (accrue 8 hours per month/12 days per year) and other benefits provided to department head employees of the City of Gilroy.
B. Effective January 1, 2023, employee shall accrue vacation at the rate of 1520 days/1260 hours per working year (accrued at rate of 13.330 hours per month). Future vacation accrual changes shall be at the same rate and schedule as other department head employees of the City of Gilroy.
C. Employee shall have a bank of 44 hours paid personal leave benefits, which shall be replenished on the first day of each fiscal year. Unused personal leave hours shall carry over from Agenda Item 11.4 Page 759 of 768
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year to year and there shall be no cap on personal leave accrual.
D. Employee shall have a bank of 80 hours of paid administrative leave benefits (beginning with FY 21), which shall be replenished on the first day of each fiscal year. Unused administrative leave hours shall carry over from year to year and there shall be no cap on administrative leave accrual.
E. Once per fiscal year, the Employee may elect to cash out up to eighty (80) hours of available personal leave and/or administrative leave.
F. Employee may not use accrued leave to extend their employment prior to resignation or retirement.
G. Upon termination of Employee's employment for whatever reason, Employee or his estate, shall be compensated for all accrued, but unused vacation time, paid holidays and other benefits, to the fullest extent provided by state law and City of Gilroy policy. Administrative leave hours and personal leave hours shall only be compensated to the maximum of eighty (80) hours plus the current fiscal years’ accrual as indicated in 4C, 4D, and 4E above. Upon termination, unused sick leave (if any) is not compensated, but is reported to California Public Employees Retirement System (“CalPERS”) for service credit if Employee retires from the City of Gilroy consistent with CalPERS regulations.
Section 5: Use of City Pool Vehicle
For the term of this agreement, Employer agrees to assign Employee, a city pool vehicle to utilize for City of Gilroy business. In addition, Employee may take vehicle home (Morgan Hill, CA) and may drive vehicle to and from work.
Section 6: General Business Expenses
Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in the League of California Cities and ICMA.
Subject to budgeting approved by the City Council, Employer will also pay for professional dues and subscriptions of the Employee necessary for his membership and participation in other similar national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer.
Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, through the League of California Cities, and the ICMA, and committees of the League of California Cities and ICMA in which Employee serves as a member. Subject to budgeting approved by the City Council, Employer will also pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions of other similar national, regional, state, and local governmental groups and committees in which Employee serves as a member.
C. Subject to budgeting approved by the City Council, Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. At least annually, the Employee will provide Employer with a written report of such professional development activities.
Agenda Item 11.4 Page 760 of 768
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D. Employer recognizes that certain expenses of a non-personal but job-related nature are incurred by Employee and agrees to reimburse or to pay said general expenses. Subject to appropriation, the finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
Section 7: Performance Evaluation
Employer shall provide a written performance appraisal to Employee not less than annually. The appraisal process shall be in accordance with specific job criteria to be developed jointly by Employer and Employee. Job criteria may be added, modified or deleted by the Employer, in consultation with Employee. At a minimum the appraisal process shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days after the evaluation meeting. Receipt of a performance appraisal does not guarantee an increase in compensation.
Section 8: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal hours of business for the City, and to that end Employee shall be allowed to establish an appropriate work schedule.
Section 9: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole employment.
Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to Employer and the community, subject to prior approval by the City Council, Employee may elect to accept limited teaching, consulting or other business opportunities which do not interfere with nor create a conflict of interest (or the appearance of a conflict of interest) with the performance of his duties or obligations under this Agreement, or place the City, the City Council or the Employee in an unfavorable light.
Section 10: Involuntary Termination
For the purpose of this agreement, involuntary termination of employment shall occur:
A. Upon the death or continued inability of Employee to perform the essential functions and duties of the job for a period greater than twelve-work weeks in any twelve-month period, whether such inability results from Employee's physical or mental disability, or a serious health condition, unless a longer disability period is agreed to by the City Council.
B. Following a vote by a majority of the City Council to terminate the Employee which vote occurs at a duly authorized public meeting. If the City Council is not able to provide Employee with thirty (30) days’ notice, the Employer shall continue to compensate the employee as described by this agreement for a period of thirty (30) days.
C. If the Employee resigns following an offer made by a majority of the City Council to accept resignation.
Section 11: Severance
Agenda Item 11.4 Page 761 of 768
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A. If after the commencement of the Term of this Agreement set forth in Section 1 above, employment under this Agreement is involuntarily terminated as defined in Section 10 above, for reasons other than death or disability as provided in Section 10A above, and for reasons that do not constitute “Cause” as defined below, provided that Employee signs a release of claims for the benefit of Employer, and its officers, agents and representatives, Employer shall pay to Employee (in addition to any other amounts that may be due to Employee for salary earned as of the date of termination, or accrued but unused vacation or leaves), as consideration for such release, a lump sum cash payment as severance in an amount equal to six months base salary in effect at the time of termination. In addition, and provided that Employee is eligible to and elects to continue his health insurance and life insurance benefits, Employer will pay on Employee's behalf the premiums for such benefits for the same six-month period. At Employee's option, payment of such funds may be made (i) by lump sum payment upon the eighth (8
th) day after Employee signs the release
of claims; (ii) by lump sum payment upon the later of the eighth (8th) day after Employee signs the release of claims or the first (1st) business day of January thereafter; or (iii) in six (6) equal monthly installments starting the last day of the month after Employee signs the release of claims.
Employer shall make all required employment and tax withholdings and deductions prior to making any payments to Employee pursuant to the provisions of this Section 11A.
B. Concurrently with Employee’s execution of the release identified in Section 11.A above, and so long as Employee represents and warrants, in writing, to Employer that Employee is unaware of any facts which support Employee’s involuntarily termination for reasons that may or in fact constitute or lead to a finding of “Cause” as defined below, and there are no facts known to Employer which may or in fact constitute or lead to a finding of “Cause” as defined below, Employer shall execute a release of claims for the benefit of Employee and his heirs, estate, administrators and executors, consistent in scope to the release of claims signed by Employee.
C. If Employee is involuntarily terminated as defined in Section 8 for reasons constituting "Cause", then Employer is not obligated to pay severance under this section. "Cause" constitutes the conviction (including entry of guilty plea or plea of nolo contendere) of any misdemeanor or felony criminal act committed in the course of employment, a crime of moral turpitude, or crime which resulted in personal gain to the Employee; gross neglect or willful failure to perform the duties of the City Administrator, which neglect or failure persists for thirty (30) days after the date of receipt of written notice from Employer to Employee.
D. Employee agrees that the payment of severance payments by the City under this section shall constitute his sole remedy for any claim based upon the termination of his employment with City.
Section 12: Resignation
In the event that Employee voluntarily resigns his position with Employer, he shall provide a minimum of 30 days’ notice unless the parties agree otherwise. In the event of resignation, Employer shall owe Employee nothing other than amounts that may be due to Employee for salary earned as of the date of termination and accrued but unused vacation or leaves. Upon notice of resignation, Employer shall have the option of relieving Employee of his duties and responsibilities prior to the effective date of resignation, provided that Employer continues to pay all amounts due to Employee for salary and benefits through and including the date of resignation Section 13: Indemnification
A. To the fullest extent permitted by law, Employer shall defend, save harmless and indemnify Employee against any and all claims, losses, damages, judgments, interest, settlements, fines, Agenda Item 11.4 Page 762 of 768
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court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Said duty to defend, indemnify and save harmless shall include, without limitation, any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, that is asserted by a third-party other than the Employer and arises out of an alleged act or omission occurring in the performance of Employee's duties or resulting from his exercise of judgment or discretion in connection with the performance of his duties or responsibilities, unless the act or omission involved Employee's criminal act, intentional misconduct, or willful or wanton misconduct. The Employee shall promptly give written notice of any claim, threatened claim or litigation. Provided that prompt written notice is given, Employee may request, and the Employer shall not unreasonably refuse to provide independent legal representation with legal counsel selected by Employer at Employer's expense and subject to Employee's approval of the choice of legal counsel, which approval shall not be unreasonably withheld. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including all appeals brought by either party, and will be provided under a reservation of rights to not pay any judgment, compromise or settlement if it is established by a judicial decision or jury verdict after completion of all appeals that the claim arose out of an act that fell outside the scope of Employee's duties and employment or was the result of a criminal act, or willful or wanton misconduct of the Employee.
B. The duty of defense shall include reimbursement of any out-of-pocket expenses incurred by Employee in connection with his service as a witness, party or other participant in litigation, whether such service occurs during or after the termination of Employment.
C. Any duty of Employer to defend or indemnify Employee is contingent upon Employee's full, open and honest cooperation with defense counsel for Employer and Employee. Said duties of defense, indemnity and cooperation shall survive the termination of employment under this Agreement.
D. Employer may elect, at its expense, to obtain policies of insurance that provide coverage for liabilities that are the subject to the foregoing indemnification and defense provisions. The contractual indemnity and defense provisions set forth above are in addition to any defense or indemnity that may be provided to Employee under any contract of insurance, and are not intended to in any way limit , waive or relinquish any right to defense or coverage from a third-party insurer.
Section 14: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 15: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: City of Gilroy, Attention: Mayor, 7351 Rosanna Street, Gilroy, CA 95020
(2) EMPLOYEE: Jimmy Forbis, 17010 Holiday Drive, Morgan Hill, CA, 95037 Agenda Item 11.4 Page 763 of 768
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Alternatively, notice required pursuant to this Agreement may be personally given by hand-delivery to the designated person. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 16: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding and agreement between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
D. This agreement was the subject of negotiation in which each side was advised by professional advisors of his/its own choosing. Accordingly, any presumption that any provision of this agreement should be construed for or against one side or the other is expressly disclaimed.
E. This Agreement is entered into under the laws of the State of California, and venue for any action concerning this Agreement shall be limited to the Superior Court of the County of Santa Clara. Employer and Employee have both read and understand and agree to the provisions of California Government Code Sections 53243 through 53243.4, which are required by law to be included in this Agreement. Said provisions are incorporated into this Agreement by reference as though set out in full herein.
Executed at Gilroy, California, on the date and year first above written.
EMPLOYEE: EMPLOYER:
JIMMY FORBIS MARIE BLANKLEY, MAYOR
By: ____________________________ By: _____________________________ APPROVED AS TO FORM: ATTEST:
_________________________________ ________________________________ City Attorney City Clerk
Agenda Item 11.4 Page 764 of 768
City of Gilroy
STAFF REPORT
Agenda Item Title: Report on Potential Temporary/Emergency Housing at Gilroy Transit Center
Meeting Date: April 3, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
Receive report.
BACKGROUND
Homelessness is a growing local, regional, and state-wide trend and a challenge for all governments, especially for local governments.
Gilroy’s point-in-time homeless count (unsheltered and sheltered) increased by 16% from 2019 to 2022 (704 to 814), continuing the trend that even though Gilroy is only the 8 th (out of 15) most populous city in Santa Clara County, it retains the 2nd highest homeless population in the County. The impacts of Covid-19 are still being felt as the pandemic put an economic strain on many of our community’s lowest wage earners and has placed the local government in a role normally held by the County.
This growing population, coupled with Gilroy being one of the lowest-income cities in Santa Clara County, puts enormous stress on already limited local government financial resources. It also strains the entire Community as the unhoused population requires significant resources and support, and there are very few providers able to assist, leaving the City as the safety net by default for our unhoused residents.
Agenda Item 11.5 Page 765 of 768
Report on Potential Temporary/Emergency Housing at Gilroy Transit Center City of Gilroy City Council Page 2 of 4 April 3, 2023
Much has been said about the conditions that cause homelessness, and the intent of this report is not to outline the underlying conditions but to focus on the impacts of certain social, economic, and/or health issues that have resulted from the number of individuals having no place to reside.
The outbreak of Covid impacted all residents of Gilroy, but the unhoused population faced the challenge of being unable to ”shelter-in-place.” Fortunately, several government-funded programs were able to provide additional temporary housing options, but as the Covid-19 pandemic subsided, many of those programs have had their funding lapse and are no longer offered to leave a significant gap between what is provided and what is needed with the City looking at options for housing that is both emergency/temporary and permanent. This is a service that the County has historically provided as they receive the tax revenues to address these issues.
In September 2020, the City Council created the Un-Housed Ad Hoc Committee (UAHC) comprising three sitting Council members and City staff. After several months of meeting with the community and unhoused stakeholders, the Committee received approval from the entire City Council to implement 14 different strategies to help the Gilroy community address these challenging issues.
ANALYSIS
The work of the UAHC identified many priorities, including the need to advocate for affordable housing, establish safe parking, adopt the Community Plan to End Homelessness, and partner with the Santa Clara County Office of Supportive Housing (OSH) to access more of their programs and services.
As the Committee sunsetted, staff began evaluating opportunities for emergency/temporary housing to give the City options for locating unhoused individuals into temporary housing, defined as housing that can be relocated as necessary and intended as shelter for up to 6 months per individual. This process began with discussions initiated by the Mayor with the Founder and Chief Executive Officer of Dignity Moves, Elizabeth Funk, whose company mobilizes investment capital to address unsheltered homelessness. Their focus is on temporary/emergency housing at the Gilroy Transit Center, a site previously identified as a potential Measure A permanent housing site that the City and Office of Supportive Housing have moved to the Countyowned site at 8th and Alexander.
As Dignity Moves is currently partnering with the City of San Francisco to develop interim housing communities, in November 2022, Mayor Blankley and members of the City’s Department Head team visited a site at 33 Gough Street in San Francisco to tour the pilot project that included 70 private rooms for individuals experiencing homelessness. Each room contains a bed, desk, chair, heating, a window, and a door that locks. The community also includes case manager offices, extensive dining and community spaces, a computer lab, a pet area, community gardens, and storage. The site receives 24/7 property management and security services.
Agenda Item 11.5 Page 766 of 768
Report on Potential Temporary/Emergency Housing at Gilroy Transit Center City of Gilroy City Council Page 3 of 4 April 3, 2023
As part of the visit, the City looked to understand how a similar concept could work in Gilroy from a public safety, public works, and service point of view. As the site receives federal funding, it is prohibited from denying active drug users, and thus this site does permit the use of illicit drugs. This was a considerable concern of public safety staff due to the secondary challenges with permitting drug use in a housing community (drugrelated crime, addiction/overdose, infection, etc.). The housing community had receptacles for needles, needle exchange, and biohazard cleanup program and had medical personnel (and Narcan) onsite, which helps with these challenges, but also significantly adds to the operational costs.
The residents also receive counseling, addiction, mental health, and medical care services at the site. This is funded through HUD, the City of San Francisco, and others.
On December 14, 2022, the Mayor and City Administrator visited an Emergency Interim Housing (EIH) site in South San Jose, which is operated by HomeFirst. This site is a different model than the San Francisco site in that it is completely funded by the City of San Jose at the cost of approximately $3.4 million annually and houses 78 individuals or $44,000 per resident. These single-occupancy units each have a private restroom and shower.
The EIH model focuses on transitioning residents to permanent housing using resident advocates, case managers, and clinicians. The site also has 24-hour-a-day security.
In discussions with EIH staff, it was noted that although the site opened in 2021 with the concept that the program offered initial stays of 60 days, the program did not transition residents, with many residing for nearly two years.
In discussions with EIH staff, it was noted that although the initial concept for this program was to offer stays of up to 60 days, the program has not transitioned many residents, with most residing for nearly two years and continuing to do so.
Understanding exactly how these housing facilities operate is important to both staff and the City Council as establishing temporary/emergency housing is costly and, in the examples, has evolved into permanent housing. At this time, per Council direction, City staff will continue to work on permanent, affordable housing projects in residential areas of the City while engaging our local and County partners to provide emergency housing through the Gilroy Armory and emergency shelter at the Gilroy Senior Center and Gilroy library.
ALTERNATIVES
None.
FISCAL IMPACT/FUNDING SOURCE
None currently.
Agenda Item 11.5 Page 767 of 768
Report on Potential Temporary/Emergency Housing at Gilroy Transit Center City of Gilroy City Council Page 4 of 4 April 3, 2023
PUBLIC OUTREACH
N/A.
NEXT STEPS
None, unless Council provides direction.
Agenda Item 11.5 Page 768 of 768