Gilroy City Council
July 28, 2025

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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, DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E

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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum 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 DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E

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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.

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

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

E. Compliance with Laws
The 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:

CSG CONSULTANTS, INC. CITY OF GILROY
By: By:

Name: Cyrus Kianpour, P.E., P.L.S Name: Jimmy Forbis
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 91-2053749
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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 Hatem Ahmed, 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, Jorge Duran 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 previousl y 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: Jorge Duran
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Hatem Ahmed
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
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
Development Plan Review
Review tentative maps, tentative parcel maps, architectural review, improvement plans, building development applications, technical reports, studies, and other application documents.

Coordinate review with other CITY staff and/or outside agencies as needed.

Attend follow- up meetings with CITY Planning Divison staff, the applicant, or others as needed to resolve issues regarding the proposal. Review subsequent submittals of the proposal.

Prepare conditions of approval for project and submit to CITY Planning Division.

Surveyor Map Review
Review final maps, parcel maps, tentative maps, tentative parcel maps, lot line adjustments, lot mergers, street vacations, and any other surveyor functions needed.

Plan Review includes evaluation of required records, studies, and additional materials submitted by the design professional. Confirm that plans conform to CITY standard design criteria, the CITY Municipal Code, and Subdivision Map Act.

Each plan review will be accompanied with a letter summarizing the red-line comments addressed to the applicant’ s engineer, with a copy to CITY staff and the applicant. A complete red-lined set of drawings and any reports will be returned to the design professionals for use in their corrections. The comment summary letter and red- lined plan sheets will be scanned by the design consultant within 24 hours and electronic copy provided to the CONSULTANT.

When requested by CITY staff, the consultant will meet with the applicant/ representative and CITY staff to review comments or to delineate the standards which are not being met, in order to facilitate timely completion of the review and meeting the maximum goal of two plan checks.

CONSULTANT will accept and review subsequent submittals electronically, when feasible, in order to expedite the review process.

Staffing
All plan reviews will be conducted by a State of California licensed Surveyor or by a civil engineer licensed to practice land surveying in the State of California.

Each plan review is assigned to a design plan reviewer with oversight by CITY staff. The assigned plan reviewer will be committed to the project and will furnish all subsequent reviews for the project.

CONSULTANT plan review staff will be available for applicant inquiries or conferences during normal business hours, Monday through Friday, form 8:00AM through 5:00PM. Web DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E

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conferences, fax, and conference calls are other forms of communications between CONSULTANT and CITY Staff.

Plan Check Time Lines
CITY staff will notify the CONSULTANT ten ( 10) days in advanced of a plan submittal, and provide a summary of the project and plan submittal. Within 2 (two) days, the CONSULTANT will provide CITY staff with a time estimate to complete the plan review.

CONSULTANT shall achieve quality plan review while maintaining consistently superior turnaround times. CONSULTANT shall perform plan review within the following time lines, stated in working days, upon receipt of complete application package: fifteen (15) days for first plan checks and ten ( 10) days for re-checks/ back checks. Electronic review of plan revisions submitted in response to prior comments can be performed in order to expedite the review process.

Accelerated Plan Review
If required by the CITY, CONSULTANT will have the ability to perform plan review services within and accelerated time frame. This will be negotiated between the applicant, the CITY’s Land Development Engineer, and CONSULTANT. In most cases, CONSULTANT will complete initial plan review in fewer than ten working days ( five working days for rechecks).

However, it is understood that some plans may require additional time. In those instances, CONSULTANT shall notify and receive approval by the CITY of the expected processing time prior to performing the plan review.

Online Plan Check Status
CONSULTANT shall make available online services to enable CITY and authorized applicants to determine the status of plan checks.

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EXHIBIT “C”

MILESTONE SCHEDULE
Development of hard- and- fast schedules for completion of development review and plan review work is difficult as timing and scope of projects is not always known. CONSULTANT will perform turnaround times based upon the agreed- upon polices and standards established and agreed by the CITY and CONSULTANT. Turnaround times include pickup, Quality Assurance/ Quality Control, and delivery to CITY.

CONSULTANT will attempt to reduce the need for formal resubmittals to the City by reviewing electronic submittals of revisions provided directly to CONSULTANT. Turnaround times would vary based on the scope of the review, but would typically be returned within one to two working days.

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EXHIBIT “D”

PAYMENT SCHEDULE
CONSULTANT will invoice the CITY monthly for time spent conducting services on an asneeded basis. Total compensation shall not exceed the amount set forth under Article 4, Section A of this agreement, unless CONSULTANT and CITY agree to do so by amendment.

DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E

City of Gilroy

STAFF REPORT
Agenda Item Title: Claim of Nancy Cruz (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute
denial of the claim)
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the July 28, 2025 meeting:
•Claim of Nancy Cruz
Attachments:

1. Claim for Nancy Cruz

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the First Amendment to the Agreement with CalWest Lighting & Signal Maintenance, Inc. for Streetlight and Traffic Signal Maintenance Services
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Julie Oates, Engineer
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure

RECOMMENDATION
Approve the first amendment to the agreement with Cal-West Lighting & Signal Maintenance, Inc. to add $77,196.31 for Streetlight and Traffic Signal Maintenance Services and authorize the City Administrator to execute the amendment and associated documents.

EXECUTIVE SUMMARY
The Public Works Department (Department) oversees the operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks. Since the Department does not have internal staff dedicated to these tasks, the Department fulfills this need with the help of a specialized maintenance contractor, Cal-West Lighting & Signal Maintenance, Inc. (Cal-West).

Due to an unusually high number of incidents requiring repairs during FY25, the contract amount of $337,596 for FY25 is not enough to cover the full FY25 costs. With an additional budget of $77,196.31 needed for FY25, the total cost for FY25 will be $414,792.31.

The proposed amendment to add $77,196.31 to the contract covers the unanticipated costs during the fiscal year which were necessary to ensure that the City was able to

provide critical services for the operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks.

BACKGROUND
The City Council awarded a three-year contract to Cal-West on June 17, 2024. The work includes routine maintenance and repairs of the City’s streetlights and traffic signals, and responding to calls for USA dig alert markings. The total contract amount for three years was $1,064,272.
• FY25: $337,596
• FY26: $354,476
• FY27: $372,200
• Total: $1,064,272
The equipment covered under this agreement includes thirty-three (33) City-owned traffic signal systems, eleven (11) Caltrans - owned traffic signal systems, eleven (11) Rectangular Rapid Flashing Beacon (RRFB) crosswalks, two (2) pedestrian hybrid beacons, four (4) solar-powered speed limit radar signs, one (1) red flashing beacon, seventeen (17) yellow flashing beacons, and more than 4,847 streetlights. The traffic signal and streetlight systems require regular maintenance to ensure optimal performance and safety.

The on-call repair services can include clearing, securing, assessing, repairing, and replacing equipment damaged by vehicle collisions (such as traffic signal poles, foundations, controller cabinets, streetlights, etc.) and replacing stolen wires.

This contract also allows the City to utilize the contractor for the Underground Service Alert (USA) program. This program requires the property owner or operator (i.e., the City) to mark all underground utilities such as traffic loops, electrical conduits, and traffic signal and streetlight systems before any third-party excavations. This service is essential and mandatory.

While the cost of scheduled maintenance is relatively predictable, the on-call repair services due to traffic collisions, power outages, and theft vary in type and frequency from month to month. The addition of the See Click Fix module to Gilroy Connect in March also contributed to more on-call service demands.

ANALYSIS
Due to an unusually high number of incidents requiring repairs during FY25, the contract amount of $337,596 for FY25 is not enough to cover the costs incurred in FY25. An additional $77,196.31 is needed for FY25 to close out the contract year at a total fiscal year cost of $414,792.31.

The proposed amendment to add $77,196.31 to the contract for FY25 will ensure that

the City will be able to continue to provide the critical services in the operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks. With this amendment, the total cost of the three-year contract with Cal-West will increase from $1,064,272 to $1,141,468.31.

The City continues to seek reimbursement for damages caused by vehicle accidents from drivers and their insurers.

ALTERNATIVES
Council may choose not to approve the amendment. Staff does not recommend this option.

FISCAL IMPACT/FUNDING SOURCE
The agreement for Streetlight and Traffic Signal Maintenance is funded by the Gas Taxes Fund 205. Council adopted the FY24 and FY25 budget on June 5, 2023. Staff recommends appropriating an additional $77,196.31 from the Gas Taxes Fund 205 to fund the first amendment to the agreement with Cal-West. There are adequate budgetary appropriations remaining, primarily due to year-end savings from other obligations to accommodate this contractual increase.

The amount budgeted for FY26 of this agreement is $354,476. Staff will regularly monitor the costs incurred during FY26 and return to the City Council if a contract and/or budget amendment is necessary.

PUBLIC OUTREACH

NEXT STEPS
Upon City Council’s approval, staff will execute the first amendment to the agreement with Cal-West.

Attachments:

1. First Amendment Cal-West Lighting and Signal Maintenance

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

FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH
CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC.

FOR STREETLIGHT AND TRAFFIC SIGNAL MAINTENANCE
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Cal-West Lighting & Signal Maintenance, Inc. entered into that certain agreement entitled Agreement for Services for Traffic Signal and Streetlight Maintenance, effective on 7/1/2024, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Cal-West Lighting & Signal Maintenance, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

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

1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows: In consideration for the services to be performed by CONSTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in EXHIBIT “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $1,141,468.31 (three-year contract).

3. This Amendment shall be effective on 6/30/2025

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

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

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

CITY OF GILROY CAL-WEST LIGHTING & SIGNAL
MAINTENANCE, INC.

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

Approved as to Form ATTEST:

City Attorney City Clerk

City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Contract to CSG Consultants, Inc. for On-Call Engineering Plan Review and City Surveyor Services, July 1, 2025 through June 30, 2028
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Award a Contract to CSG Consultants, Inc. in the amount of $450,000 over three fiscal years for engineering plan review city surveyor services and authorize the City Administrator to execute the agreement.

EXECUTIVE SUMMARY
To meet the operational needs of the Public Works Department in the review of land development including subdivisions, the City utilizes outside consultant services.

Notably, the City is required to have a licensed California Land Surveyor review and sign maps per the California Subdivision Map Act. CSG Consultants (CSG) is recommended to fill this need following issuance of a Request for Proposals and review of the responses. The cost of the services is fully covered by fees, projects and/or reimbursed directly by private development. The upfront costs of services will be funded through a combination of plan check and inspection revenues, as well as dedicated funds from the Water, Sewer, and Gas Tax Funds. No General Fund impact is anticipated.

BACKGROUND
The Land Development Division within the Public Works Department is responsible for reviewing and approving land development applications, land subdivisions, infrastructure improvements, and construction projects in accordance with the Gilroy City Code. To comply with the Subdivision Map Act requirements, maintain timely project delivery, and meet customer service expectations established by the City Council, the Department supplements its staffing resources and City Surveyor services through professional service contracts.

In advance of the June 30th contract expiration, the City issued a Request for Proposals (RFP) seeking qualified firms to provide engineering plan review and land surveying services for Fiscal Years 2026 through 2028. CSG Consultants, Inc. was determined to be the most responsive and qualified firm to provide the required services, based on their qualifications, responsiveness, and prior performance. CSG is currently providing support for land development.

ANALYSIS
The City of Gilroy continues to experience high volumes of development activity and public infrastructure improvements, resulting in increased demand for technical services within the Public Works Department. These services include complex engineering plan reviews and subdivision map land surveying that are vital to ensuring timely and thorough review of private development. These reviews ensure that land subdivision mapping, utilities, access, and other public and private amenities are designed appropriately to service new business and residencies.

The contract with CSG Consultants, Inc. will provide experienced professional subdivision land surveyor staff to assist in processing development applications, conducting plan checks for compliance with City standards and the Subdivision Map Act. Their familiarity with City procedures enables seamless coordination, improved efficiency, and continuity of service to supplement work of in-house engineering staff.

The cost of services is expected to be fully recoverable through a combination of development-related fees and dedicated funding. The financial structure of the contract ensures fiscal sustainability with no net impact on the General Fund.

The Public Works Land Development Division requires specialized subdivision land surveyor consultant support to supplement in-house staff to maintain service delivery by applicants and comply with Subdivision Map Act requirements. CSG Consultants, Inc. has a proven track record with the City and will provide valuable City Surveyor, and engineering, services through June 30, 2028. Approval of this contract will ensure compliance with Subdivision Map Act, continuity, support project delivery, and uphold the City’s land development service standards.

ALTERNATIVES
The City Council could consider hiring additional full-time or limited-term City Surveyor and engineer employees instead of contracting with CSG. This alternative is not recommended as it would rely on a commitment of ongoing funding and would provide less flexibility at times when developer activity is less robust. Additionally, CSG can provide subdivision land surveyor specialty services which are not typically (or currently) able to be provided by in-house staff. This alternative is not recommended at this time.

FISCAL IMPACT/FUNDING SOURCE
Over the three fiscal years, the cost of services is anticipated to be $450,000. The support services are primarily funded by the plan check and inspection fee revenues collected and expended within the Engineering division in the General Fund (100), and specific other funds associated with CIP project budgets where the services are directly attributable to a City capital project. In some instances, contract costs will be reimbursed directly to the City by an applicant. The recently adopted Fiscal Year 2025- 26 and 2026-27 budgets include $150,000 in each fiscal year for related expenditures, thus no additional appropriations are required at this time.

PUBLIC OUTREACH

NEXT STEPS
Attachments:

1. SOQ_CSG

3150 Almaden Expressway #255
San Jose, CA 95118
408.618.8300 phone
408.618.8310 fax
www.csgengr.com

PROPOSAL TO THE
City of Gilroy
FOR
NO. 25-RFP-PW-519 FOR ON-CALL ENGINEERING PLAN REVIEW

AND CITY SURVEYOR SERVICES
M a y 3 0 , 2 0 2 5

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 1 Table of Contents
S E C T I O N 1 Cover Letter 2
S E C T I O N 2 Understanding and Approach 4
S E C T I O N 3 Key Staff and Organization Chart 8
S E C T I O N 4 References and Project Experience 10
S E C T I O N 5 Contract Performance 13
S E C T I O N 6 Subconsultant 14
S E C T I O N 7 Cost Proposal/Hourly Rate Schedule 15
S E C T I O N 8 Certification Statement and Form 17
S E C T I O N 9 Appendix: Resumes 19

3150 Almaden Expressway, #255, San Jose, CA 95118
Phone (408) 618-8300 | Fax (408) 618-8310 | www.csgengr.com

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES Cover Letter
May 30, 2025
City of Gilroy - Purchasing Division
Carina Baksa ([email protected])
7351 Rosanna Street
Gilroy, CA 95020
RE: On-Call Engineering, Plan Review and City Surveyor Services CSG Consultants, Inc. is pleased to present its statement of qualifications to the City of Gilroy (City) On-Call Engineering, Plan Review and City Surveyor Services. Our firm brings specialized expertise, convenient proximity, knowledgeable and highly competent staff, and an existing, successful working relationship with the City in providing engineering plan review, construction inspection, project management, NPDES and Storm Water support, and engineering design services.

For 34 years, CSG has provided a host of professional municipal services to the public sector. Our staff currently serves over 250 California communities, providing engineering, project management, and surveying services, including off-site review services for tentative maps, parcel and final maps, and improvement plans.

CSG’s team includes several Qualified SWPPP Developer/Practitioners (QSD/Ps), Certified Floodplain Managers (CFMs), and a Traffic Engineer (TE) in addition to our numerous Professional Engineers (PE) and Licensed Land Surveyors (PLS). We are confident that our proposed team is best suited to deliver professional engineering services for the City.

Sandra Meditch, PE, Principal Engineer, will serve as Project Manager and Primary Contact for the City, and will ensure that all services are provided in a timely and efficient manner. Sophie Truong, PE, PLS, Director of Land Development Services, will serve as Contract Manager.

Sandra Meditch, PE| Project Manager & Primary Contact
(650) 522-2629 phone | [email protected] email
Sophie Truong, PE, PLS | Contract Manager
(650) 522-2505 phone | [email protected] email
Our team includes a specialty subconsultant to support our efforts and ensure the City receives the highest quality of service. CSG’s team includes W-Trans for Transportation. CSG has partnered with this subconsultants on public infrastructure improvements throughout the San Francisco Bay Area.

What CSG offers the City:
 Proven contract and project managers with a history of delivering similar projects.  A Team with a depth of resources to ensure the delivery of projects are within the mandated deadline.  A Team with comprehensive experience in all elements of the contract needs.  A Team with a history of serving the City and the community’s needs through several building and code enforcement projects.

We look forward to working with the City on this upcoming contract. As President of the company, I am able to contractually bind the company should we be awarded a contract. If you have any questions or need additional information, please contact Ms. Meditch or Ms. Truong at the information listed above.

Sincerely,
Cyrus Kianpour
President, CSG Consultants, Inc.

S E C T I O N 1

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 3 C O M P A N Y P R O F I L E
CSG Consultants, Inc. (CSG) is an employee-owned, California company with our local office in Pleasanton, headquarters in Foster City. Additional support is available from our regional offices in San Jose, Sacramento, Newman, Paso Robles, Fresno, and Orange. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest. In this way, we can focus exclusively on the specific needs of our municipal clients. The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel bring a wealth of ideas and experiences, having held positions with communities facing similar development opportunities as the City.

NAME OF FIRM: CSG Consultants, Inc.

POINT OF CONTACT Sandra Meditch, PE | Project Manager
(650) 522-2629 | [email protected]
LOCAL OFFICE: 3150 Almaden Expressway, #255, San Jose, CA 95118 (408) 618-8300 phone • (408) 618-8310 fax
www.csgengr.com | [email protected]
HEADQUARTERS: 550 Pilgrim Drive, Foster City, CA 94404
(650) 522-2500 phone • (650) 522-2599 fax
REGIONAL OFFICES: 3875 Hopyard Road, Suite 141, Pleasanton, CA 94588 2150 River Plaza Dr, Ste 255, Sacramento, CA 95833
930 Fresno Street, Newman, CA 95360
806 9th Street, Suite 2A, Paso Robles, CA 93446
3707 W. Garden Grove Boulevard, Suite 100, Orange, CA 92868 YEARS IN BUSINESS: 34 • Founded in 1991
OWNERSHIP: Employee-Owned
EMPLOYEES: 350+ (Company Wide)
TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000 • Federal ID: 91-2053749

S E R V I C E S C O M P O S I T I O N

CIVIL & STRUCTURAL DESIGN
Capital Improvement Project Design:

Transportation/Roadway, Bridges, Water and
Sewer Utilities, Traffic Engineering

DEVELOPMENT & MAP REVIEW
Development Review, Plan Check, Surveying,
City Surveyor and Mapping, Storm Water
Program Compliance (NPDES, QSP/QSD)

CONSTRUCTION MANAGEMENT &

INSPECTION
Contract Administration, including Resident
Engineer Oversight, Inspection and
Construction Management
Constructability/Bidability Reviews
Cost and Schedule Control
Claims Avoidance

PROGRAM & PROJECT MANAGEMENT
Capital Improvement Program Development
and Implementation
Federal and State Grant Administration
Rule 20A Undergrounding
Staff Augmentation Including: Design
Consultant Coordination, Project Scoping, RFP
Preparation

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 4 Understanding and Approach

U N D E R S T A N D I N G
• We understand that the City is seeking a firm to provide Engineering Plan Review and City Surveyor Services.
• Under the “Engineering Plan Review” scope of work, we note that the City is specifically requesting the following services: review of improvement plans, site improvement design, hydrology and hydraulic reports, stormwater control plans, traffic signal plans, traffic signal timing, joint trench plans, and streetlighting plans and photometrics, in addition to other engineering functions, as needed. • Under the “Map Review” scope of work, we note that the City is requesting reviews of lot-line adjustments, parcel maps, tentative maps, and final maps, in addition to other surveyor functions as may be required. Based on our experience, we anticipate that additional services may consist of reviewing Amending Maps, Certificates of Correction, Street Dedications and Public Easement Grants (Plats/Legal Descriptions), and Lot Mergers (Plats/Legal descriptions, and complete certificates).

A P P R O A C H
Plan check / development review form a large part of CSG’s services. CSG has been providing plan check, exclusively to local municipalities since the firm’s inception in 1991. Our success in maintaining ongoing relationships with our clients in a highly competitive environment is due to our ability to understand needs and priorities and partner with them in achieving their goals. We understand that our clientele includes not just public agencies but also the development community seeking to process applications through those agencies. We also understand that many development applications are important to public agencies due to the economic and quality of life benefits that those projects bring to the communities.

Drawing on the combined experience and talent of our staff, we have found the following practices to be helpful in approaching development review:
• Active participation by engineering staff and consultants during the entitlement process is critical.

Design and other issues need to be discussed at this stage, with the appropriate staff from the City and/or other agencies included in the discussion. Engineering staff must spend time preparing clear and complete conditions of approval that outline the developer’s obligations and address issues.

Conditions of approval that are incomplete or vague simply defer problems to the plan review stage, resulting in delay in issuance of permits and frustration on the part of the developer, consultants, or staff who have to resolve the issues.
• Communication and alignment of expectations between the agency staff or consultants and the applicant is needed, starting with the entitlement pre-application phase and lasting through permitting. This can start with an understanding of the applicant’s desired schedule for project completion, and then working backwards to set the timing for the various steps in the review process (entitlement, plan review, permitting). The City’s consultant needs to be driven by results and not tasks. The goal is not, as some plan checkers practice, to put redlines on plans. The goal is to move the project forward. The consultant needs to be a problem solver and needs to accept a role in bringing the project to a successful completion. The consultant must be proactive in presenting options to City staff and be willing to make recommendations on which options may work. • The consultant needs to form a working relationship with the other parties. The applicant team should see the consultant as an asset and a partner, someone who is motivated to move the project to completion, as opposed to someone who has no interest in moving the project along. The consultant needs to listen – to staff, to the applicant and its team, and to other stakeholders. Hearing and understanding what the other party wants is the first step to developing a resolution.

S E C T I O N 2

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 5 Engineering Plan Review
Engineering reviews includes evaluation of required records, studies, and additional materials submitted by the design professional. In addition, the plans are reviewed to ensure conformance with City standard design criteria, conditions of approval, and infrastructure or other master plans. • Each plan review will be accompanied with a letter summarizing the red-line comments addressed to the applicant’s engineer or landscape architect, with a copy to City staff and the applicant. A complete, red-lined set of drawings and any reports will be returned to the design professionals for use in their corrections. At the applicant’s discretion, the comment summary letter and red-lined plan sheets can be scanned and submitted electronically to the design consultant to expedite the review process.
• If required, CSG is available to meet with the applicant/representative and City staff to review comments or to delineate the standards which are not being met, in order to facilitate timely completion of the review and meeting the maximum goal of two plan checks. CSG will accept and review subsequent submittals electronically, when feasible, in order to expedite the review process. • Soils reports will be evaluated and confirmation of recommendations will be included on the plans.

Boundary conditions will be evaluated to maintain continuity with surrounding properties and maintain existing drainage patterns.
• Construction erosion control and post-construction water quality control will be evaluated for compliance with the storm water quality management permit in effect for the City. • Assist the City with development of conditions of approval, development agreements, and other requirements associated with development applications. Assist City in negotiating with developers regarding terms of agreements or conditions (Additional tasks associated with the entitlement process are described above).
• Confirm that the developer has obtained necessary permits or approvals from other public agencies as needed, and that plans conform to the City’s NPDES Municipal Regional Permit requirements for storm water treatment and detention.
• Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist the staff in preparing subdivision improvement agreements, other agreements (including stormwater treatment measure and landscape maintenance agreements), and staff reports. • Meet with developers, consultants, and other agencies on behalf of staff, as requested.

Review of New Development and Redevelopment Post Construction Low Impact Development (LID) and Storm Water Pollution Prevention Plans (SWPPP) CSG will provide review of all plans and documents provided to demonstrate that design will reduce pollutants into storm drains and waterways from new and redevelopment areas in line with City’s Phase II Small MS4 Permit with the Central Coast Regional Quality Board (RWQCB). All stormwater protection BMPs shall be reviewed for site specificity and phase appropriateness, including erosion controls, run-on and runoff controls, sediment controls, active treatment systems, site management (aka housekeeping measures), and management of non-stormwater flows.

In addition, CSG will provide the following:
• Review of Stormwater Control Plan (SCP) and Performance Requirement Checklists under the Central Coast Post-Construction Stormwater Requirements(Resolution R3-2013-0032) and the Phase II Small MS4 Permit will include review for the appropriate site design and runoff reduction measures, water quality treatment, runoff retention and peak management as required by the Stormwater Management Guidance Manual for Low Impact Development & Post Construction Requirements for the City of Morgan Hill and Others(Guidance Manual).
• Review of the Stormwater Control Plan (SCP) for Regulated Projects will include review of the stormwater control measure sizing, infiltration testing and hydrologic/hydraulic analysis for effective biofiltration and appropriate treatment volume in line with the Post-Construction Stormwater Requirements.

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 6 • Optional Review of a Stormwater Pollution Prevention Plan (SWPPP) under the NPDES Construction General Permit will include confirmation of filing Notice of Intent (NOI) and WDID, notation of an Eligibility for Erosivity Waiver (for smaller projects and construction timeframe), notation of Risk Level determination (RL1-RL3) based on location and potential threat to water quality, and notation of the proposed schedule for required non-stormwater monitoring. Review of these selected topics does not constitute acceptance, approval, or recommendation of approval on behalf of or to the State.

Map Review & City Surveyor Services
The traditional role of the City Surveyor is to ensure that maps, legal descriptions, and plats prepared for private developments are technically correct. However, more often than not, the City Surveyor will also ensure that the documents are comprehensive of City requirements and completed in accordance with the California Subdivision Map Act and local ordinances (traditionally the functions of the City Engineer). The City Surveyor’s daily functions include reviewing the documents submitted by private developers, owners, engineers or surveyors, review and provide comments, and sign final documents when approved. The City Surveyor customarily also meets with and advises the City Engineer and private applicants when complicated or unusual circumstances arise. Depending on the type of document being reviewed, the following may accompany the technical review:
• Review for compliance with the approved Tentative Map and Conditions of Approval (maps). • Review for compliance with the California Subdivision Map Act. • Review for compliance with the Professional Land Surveyor’s Act. • Review of closure calculations.
• Review of title information for the property, including existing easements and any other relevant land encumbrances, based on information contained in a preliminary title report and other documents to be furnished by applicant.
• Review of record documents (deeds and maps) of the subject and adjacent properties. • Review, seal and sign final Mylar copies and certificates as Acting City Surveyor or Technical Reviewer.
• Preparation of Staff Report for City Council Approval, if required. • Conformance with the project improvement plans and other documents.

New map submittals will be coordinated with the proposed project manager. At the time of new submittals, the applicant may decide to meet with the City and CSG’s project manager to briefly present the project and discuss any challenges. At that time, CSG will perform a cursory review and let the applicant know if additional documents are needed for the review.

Unless otherwise dictated by unusual requirements, map reviews for the City will be conducted in CSG’s facilities in Foster City, although project meetings can be scheduled at City Hall upon the City’s request. CSG’s offices are adequately staffed with trained map checkers to deal with any fluctuating workload that the City might experience in reviewing maps, and we consistently provide timely turnaround for various applications, according to the City’s specified timeline.

Map reviews are typically completed by CSG staff within ten to fifteen (10-15) working days after the receipt of required material. Subsequent submittals are typically reviewed within five to seven (5-7) working days.

Redlined maps and comments can be provided electronically, via overnight delivery, or by regular mail. Once the map check has been completed, the applicant may decide to meet with the reviewing party to discuss the comments. Meetings with applicants and City staff may be conducted virtually, at CSG’s offices, or at City’s offices. CSG will be readily available to meet with applicants to discuss any concerns they may have at any stage during the review process.

Digital Plan Review
CSG has been performing digital plan reviews with various municipalities including the cities of Mountain View, Rohnert Park, Belmont, San Mateo, Soledad, Pacifica, and San Carlos. Reviews have been performed utilizing Bluebeam and GIS. Virtual communications with clients have taken place via Zoom and Microsoft Teams platforms.

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 7 Staffing
• All plan reviews will be conducted by a State of California licensed civil engineer or under the supervision of a licensed civil engineer.
• Map checking will be overseen by licensed land surveyors or by registered civil engineers authorized to practice land surveying in the State of California.
• Each plan and map review is assigned to a plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent reviews for the project. It is the goal of CSG to provide, where practical, a cradle-to-grave approach for project review, where a review team is assigned to the project from entitlement through plan review and construction to closeout and acceptance.
• Provide specialized qualified licensed engineers to assist in any structural, soil and geotechnical reviews, for any of the assigned projects.
• The review team will be available for applicant inquiries or conferences during normal business hours, Monday through Friday, from 8:00 AM through 5:00 PM. Web conferences, fax, and conference calls are optional forms of communications between Consultant and City staff.

Plan Review Submittals Schedule
Development of hard-and-fast schedules for completion of development review and plan review work is difficult as timing and scope of projects is not always known. Examples of time frames for completing certain tasks are provided below.

TYPE TIME FRAME
Engineering Plan Reviews or Studies (All types)
(1st Review)
Ten to Fifteen (10-15) working days
Engineering Plan Reviews or Studies (All types)
(Each Subsequent Review)
Five to Ten (5-10) working days
Final/Tract Maps (1st Review) Ten to Fifteen (10-15) working days* Final/Tract Maps (Each Subsequent Review) Five to Ten (5-10) working days Parcel Maps (1st Review) Ten (10) working days*
Parcel Maps (Each Subsequent Review) Five to seven (5-7) working days Plat(s) and Legal Description(s) Review (for Lot
Mergers, Lot Line Adjustments, or other Documents
requiring a Plat and Legal Description)
Five to Ten (5-10) working days for each submittal*
Preparation of Certificates of Lot Line
Adjustment/Lot Mergers Five to seven (5-7) working days All other mapping documents (1st Review) Ten (10) working days All other mapping documents (Each Subsequent
Review) Five (5) working days

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 8 Key Staff

O R G A N I Z A T I O N C H A R T
Below is CSG’s proposed organizational structure for the City’s review. Based on the needs of the City, CSG will provide the appropriate personnel to ensure the request is met. Key personnel are identified with an (*).

Resumes for key staff members are provided in the Appendix for the City’s review. The key personnel are fully committed to performing work under this contract.

W-Trans
Traffic Signals, Streetlights &
Photometrics

SUBCONSULTANT
David Rubcic, PE, PLS*
Senior Project Manager
Debbie Bryan, PG
Associate Engineer
Babak Kaderi, CFM
Senior Project Manager
Son Hoang, PE, QSD/P
Senior Project Manager

ENGINEERING PLAN REVIEW
Lori Weis, PLS*
Senior Land Surveyor
Son Hoang, PE*
Senior Project Manager
Zuzana Balajadia, LSIT
Associate Surveyor

SURVEY & MAP REVIEW
Jill Barnes, PE*
Stormwater Group Manager
Samantha Cho
Associate Engineer

STORMWATER REVIEW
Sandra Meditch, PE*
Principal Engineer

PROJECT MANAGER
Husam Aburabi, EIT*
Associate Engineer

HYDROLOGY/HYDRAULICS
David Rubcic, PE, PLS*
Senior Project Manager
Sophie Truong, PE, PLS*
Director of Land Development

CITY SURVEYOR

CONTRACT MANAGER ,QA/QC
Sophie Truong, PE, PLS*
Director of Land Development
Services
S E C T I O N 3

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 9 K E Y P E R S O N N E L
Sandra Meditch, PE, is a seasoned civil engineer with more than 35 years of professional experience. During her career, she has served as Interim and Acting City Engineer and Project Manager/Project Engineer on a variety of capital improvement and development projects. Her experience includes project design and staff oversight, coordination of communication between clients, sub-consultants and public agencies, preparation of specifications, creation of cost estimates and construction administration. Ms. Meditch will serve as primary point of contact.

David Rubcic, PE, PLS, is a professional engineer with over 34 years of experience in all phases of municipal engineering including capital improvement projects, subdivision improvements, land developments, inspection, and master planning. For CSG, Mr. Rubcic has provided map review for developments for the Town of Windsor, the City of Rohnert Park, and the City of Marina, among many others. He currently serves as Contract City Surveyor for the City of Marina and will be the lead Contract City Surveyor for the City of Gilroy.

Sophie Truong, PE, PLS, will serve as the Contract Manager and secondary Contract City Surveyor, when needed. She is highly skilled in all aspects of surveying and mapping and has provided mapping review and expert technical assistance to multiple local municipalities on an on-call basis. She has been responsible for a variety of topographic surveys performed in conjunction with public improvement projects. Additionally, Ms.

Truong currently serves as Acting/Contract City Surveyor for over 10 local agencies, and manages the Land Development Division.

Jill Barnes, PE, has more than 30 years of experience in public works, environmental compliance, and management of NPDES programs. She is highly equipped in directing technical plan check and peer review of sewer and storm drain improvements, and Stormwater Control Plans for treatment and flood control measures. Ms. Barnes possesses expertise in reviewing private and commercial developments for stormwater controls and operations and maintenance plans and agreements, to meet the post-construction requirements of the Central Coast Regional Water Quality Board. Ms. Barnes currently leads CSGs Stormwater Group.

Son Hoang, PE, QSD/P, provides clients with experience in design and plan review. Since joining CSG, his primary focus has been in surveying, map review, and design of capital improvement projects. Mr. Hoang currently manages the Mapping Review Group and provides mapping and engineering plan review services, including entitlements and Tentative Map reviews for several local agencies.

Lori Weis, PLS, is a professional land surveyor with over 40 years of experience in the land surveying and mapping field. Her professional competencies specialize in title research, fee ownership, encumbrances and the analysis of survey data for boundary resolutions. This includes years of writing Legal Descriptions and computer aided drafting of Tract Maps, Parcel Maps and Records of Survey.

Hussam Aburabi, EIT, has over 22 years of diverse municipal and civil engineering experience. He has been involved in the design, specifications, and preparation of estimates for public works projects, including a wide range of roadway and light rail improvements. His experience includes the preparation of typical sections, layouts and profiles, super-elevations, pavement delineation, sign plans, erosion control, and water pollution control plans. As a Project Engineer, Mr. Aburabi has managed and coordinated engineering tasks, responded to RFIs, and addressed inquiries and feedback from clients and subconsultants.

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 10 References

R E L E V A N T P R O J E C T E X P E R I E N C E
CSG provides engineering plan review services for jurisdictions throughout the San Francisco Bay Area.

Featured below descriptions of projects which CSG has delivered for its clients.

Fort Ord Development | City of Marina
CSG has provided a comprehensive development review for the development of 420 acres of former Fort Ord property that lies within the boundaries of the City of Marina. The project, for which a Specific Plan was developed, consists of mixed use (retail, entertainment, commercial, and live/work), regional retail, low-income housing, office/research/light industrial, and residential areas. The development also includes numerous public parks and a multi-modal corridor. • The Promontory – 174-unit student house adjacent to CSUMB Campus • Imjin Office Park – 5-acre LEED certified civic center office site for Marina Coast Water District, Fort Ord Reuse Authority offices, Carpenters Union Local 605, and Bureau of Land Management • Veterans Affair Clinic – three story, 150,000 sq. ft. located on 14.3 acres. • Cinemark Theater – 10 screen theater
• Marriott Spring Hill Suites – 67,000 sq. ft., 4-story, 106 room newly constructed hotel • University Village Apartments – 108-unit apartment complex • The Dunes – New 332 SFH subdivision; including infrastructure and two new city parks CSG Personnel Involved: Sophie Truong, David Rubcic, Son Hoang Reference: City of Marina
Guido Persicone, AICP, Community Development Director
211 Hillcrest Avenue, Marina, CA 93933
(831) 884-1220 / [email protected]
Plan Review Services | City of Mountain View
CSG provided civil and survey plan review services involving onsite and offsite improvements and construction cost estimate; parcel maps; final maps; lot line adjustments; lot mergers; and plant and legal descriptions.

CSG Personnel Involved: Sandra Meditch, Mehdi Sharifi, Babak Kaderi, Lori Weis Reference: City of Mountain View
Quynh H. Byrer , Principal Civil Engineer, Public Works Department 500 Castro St, Mountain View, CA 94041
(650) 903-6311 / [email protected]
Development Review & City Surveyor Services | City of Pacifica CSG has been providing stormwater review, entitlement reviews, grading and drainage, wastewater review, City Surveyor, and mapping review for the City on various projects for the past six years.

CSG Personnel Involved: Jill Barnes, Samatha Cho, Hussam Aburabi, Son Hoang, Sophie Truong Reference: City of Pacifica
Roland Yip, Deputy Director of Public Works / City Engineer 151 Milagra Drive, Pacifica, CA 94044
(650) 738-3771 / [email protected]
S E C T I O N 4

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 11 Isabel Crossing Plan & Map Review | City of Livermore, CA CSG is providing plan review for a
new multi-phased, multi-use
Isabel Crossing Development. The
Project is located on 45 acres
north of Hwy 580. CSG is heavily
involved in plan reviews for both
on-site backbone plans (street
grading, stormwater, sewer,
water, recycled water) off-site
backbone improvements
(including review of traffic signal
modifications and installation), the
large lot final map, and rough
grading. Throughout each step in
the process, CSG helped
coordinate project reviews with the
City and developer’s team including
meeting the state stormwater
treatment and detention requirements.

CSG Personnel Involved: Sandra Meditch, Jill Barnes, Debbie Byan, Son Hoang Reference: City of Livermore
Jarrett Rasmussen, Associate Civil Engineer – CDD
1052 S. Livermore Ave., Livermore, CA 94550
(925) 960-4519 /[email protected]
Engineering Plan Review Services | City of Mountain House, CA CSG is currently providing comprehensive
land development review services to the City
of Mountain House. CSG helps ensure that all
required grading and off-site civil
improvements are in compliance with local
and state requirements. Review of off-site
improvements include but are not limited to
the design of City owned and operated utility
infrastructure such as storm drain, sanitary
sewer, water facilities, public and private
street and road grading and drainage review,
and review of signage and striping plans.

Additionally, CSG assists the City with
reviewing Final Tract Maps for consistency
against approved tentative maps, conditions of approval, and proposed improvements for the various developments within the City. Notable projects include review of grading and improvement plans, including the consistency review against final tract maps, for:
• Tract 4216 Neighborhood H14 – 199 residential lot, 43 common use parcels • Tract 3609 & 3610 Neighborhood A5 & B1 – 266 lot residential development • Tract 3618 Neighborhood B11 – 115 lot residential development

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 12 CSG Personnel Involved: Son Hoang, David Rubcic, Babak Kaderi, Husam Aburabi Reference: City of Mountain House
Devon Crowe (Engineer V)
251 E. Main Street, Mountain House, CA 95351
(209) 831-5642 / [email protected]
Mapping Review and City Surveyor Services | City of Campbell, CA CSG has been providing mapping review services for the City of Campbell for several years on an on-call basis. CSG staff conducts all required map review as established by the Subdivision Map Act and Land Surveyors Act. CSG also acts as the contract City Surveyor, signing final and parcel maps as well as lot line adjustments, easement and right-of-way dedications, and other land related transactions.

CSG Personnel Involved: Son Hoang, Sophie Truong, Lori Weis Reference: Roger Storz, Senior Civil Engineer for Land Development 70 N. First, Campbell, CA 95008
(408) 866-2190 / [email protected]
Flood Plain Review & Mapping Review | City of San Leandro, CA CSG has been providing land development project management and plan and map review for the City.

Major projects include Alvarado and Antonio and Creekside Plaza Parking Structure.

CSG Personnel Involved: Babak Kaderi, Son Hoang, Sophie Truong, Lori Weis Reference: City of San Leandro
Robert Magno, Civil Engineer
835 E 14th St, San Leandro, CA 94577
(510) 577-3373 / [email protected]
Mapping Review & City Surveyor Services | Town of Los Altos Hills, CA CSG currently provides contract mapping review and City Surveyor services. Reviews performed by CSG staff include but are not limited to lot line adjustments, parcel maps, easements, lot mergers, and street adjustments.

CSG Personnel Involved: Son Hoang, Sophie Truong,
Reference: Town of Los Altos Hills
John Chau, PE, Assistant Engineer
1 N. San Antonio Rd, Los Altos, CA 94022
(650) 947-2510 / [email protected]
Plan Review | Town of Los Gatos, CA
CSG is currently providing plan review for the Los Gatos Town Residences Development. The 8-acre development includes 155 multi-family residential units. Plan review includes complete onsite review and review of offsite frontage, water, and storm drain improvements. Services included plan review and review of all agreements and CC&R’s.

CSG Personnel Involved: Sandra Meditch, Babak Kaderi, Debbie Bryan, Mehdi Sharifi Reference: Town of Los Gatos
James Watson, PE, Senior Civil Engineer – Land Development, Parks and Public Works 41 Miles Avenue, Los Gatos, CA 95030
(408) 354-5236 | [email protected]

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 13 Contract Performance

C O N T R A C T P E R F O R M A N C E
As the improvement plan and mapping reviewer / City Surveyor for the City of Livermore, CSG is currently successfully assisting the City manage the complexities of developing a large 45-acre mixed-use, phased development project including navigating the stormwater treatment and detention requirements of the Municipal Regional Permit and multiple final maps.

For Mountain View, CSG has successfully provided a wide range of mapping reviews including street vacations, SB-9 parcel maps, lot legality / certificates of correction, and public dedications for over 8 years.

CSG has an excellent contract performance record with our clients, as we build longstanding relationships.

Please refer to the References and Project Examples for more information.

S E C T I O N 5

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 14 Subconsultant

T R A N S P O R T A T I O N
W-Trans provides traffic engineering and transportation planning services that emphasize mobility within available resources and help transform streets to serve all potential users. We are particularly skilled in retrofitting streets and roads to make walking, bicycling and transit safer and more convenient while also appropriately managing vehicle traffic. Our strength and focus are on balancing the technical needs and functionality of traffic with the desire of communities to create more livable streets and sustainable transportation systems. Local Branch Office: 414 13th Street, 5th Floor, Oakland, CA 94612 Atul Patel, PE, PTOE has 32 years of traffic engineering and ITS experience, and has worked in both the public and private sectors. He has designed numerous traffic signal installations and modifications involving Caltrans and obtained encroachment permits for these clients. Some of his design projects have included flashing yellow arrow operation, signal hardware upgrades, ITS equipment, installation of traffic signal interconnect conduit and cable to the adjacent signals, installation of curb ramps that comply with the Americans with Disabilities Act (ADA), video detection systems, video surveillance systems, emergency vehicle pre-emption, and fiber optic communication hubs. He has also completed railroad signal pre-emption, prepared signing and striping designs, and provided bid and construction assistance support services.

Mark J. Brown has been involved in a broad range of transportation projects, having managed numerous transportation impact studies and active transportation master planning efforts across California. His expertise also extends to geographic information systems, transit alternatives analysis, traffic planning, environmental impact assessment and mitigation as well as mapping and public outreach. Mark firmly believes in a balanced approach to transportation planning that includes all modes of travel to maximize competitive travel options. His lifelong passion is cartography, and he is especially keen on producing easily understood maps that convey relevant and critical information succinctly for clients and the public.

Nick Brunetto specializes in the civil design of transportation systems and has experience working on PS&E submittals for large-scale highway design projects throughout California. Nick is excited to bring his technical civil engineering background into the traffic engineering realm as he works on signal designs, signing and striping designs, warrant evaluations, and more. He is especially passionate about complete streets design and ensuring that all roadway users are appropriately served in a safe and efficient manner.

S E C T I O N 6

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 15 Cost Proposal

H O U R L Y R A T E S C H E D U L E
CSG Consultants’ services are billed on a time-and-material basis according to our standard rates, shown below.

PERSONNEL / ROLE HOURLY RATE
Administrative Assistant $115
Engineering Intern $145
Assistant Engineer $180
Associate Engineer $220
Structural Engineer $270
Associate Surveyor $210
Senior Engineer $245
Senior Land Surveyor $245
Senior Structural Engineer $295
Principal Engineer $295
Senior Principal Engineer $315
Two-Person Survey Crew $440
Assistant Project Manager $180
Project Manager $240
Senior Project Manager $260
Office Engineer $180
Construction Inspector $190
Senior Construction Inspector $210
Assistant Resident Engineer $210
Resident Engineer / Construction Manager $265
Structural Representative $265
Senior Construction Manager $315
Terms and Conditions:
• All hourly rates include overhead costs including but not limited to salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. • Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate.
• On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
• CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. • This fee proposal is valid for a period of 90 days from date of submittal.

S E C T I O N 7

490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 414 13th Street, 5th Floor OAKLAND, CA 94612 510.444.2600 w-trans.com
Fee Schedule
2025 Staff Billing Rates
Position Billing Rate (per hour)
Senior Principal $320 – $375
Principal $240 – $320
Senior Engineer/Planner $205 – $235
Engineer/Planner $190 – $210
Associate Engineer/Planner $160 – $180
Assistant Engineer/Planner $135 – $160
Technician/Administrative $125 – $160
Intern $40 – $80
Field Technician $30 – $75
2025 Expense Charges
Item Charge
Mileage $0.77/mile*
Services and Expenses 10% - 15% surcharge
These rates are valid for work performed prior to December 31, 2025. Work performed after January 1, 2026, and any
subsequent year may be billed at the revised rates established for that year.
* Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.70/mile effective January 1, 2025) plus 10 percent.

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 17 Certification Statement

C E R T I F I C A T I O N S T A T E M E N T
During the past five years, CSG has had no contracts that have ended or that are anticipated to end in a termination, settlement or legal action, as a result of default or failure to perform.

Our insurance broker has reviewed the insurance requirements in the sample Consultant Agreement for Design Professionals and has informed us that we can comply with the requirements CSG is prepared to enter into City’s Consultant Services Agreement, should the firm be selected by the City, with no proposed exceptions. As President of CSG Consultants, I am able to legally bind the firm should we be awarded a contract .

A signed statement (Attachment A) indicating that CSG has read, understands, and agrees to the requirements and terms of the sample agreement (Attachment B), including insurance & indemnification requirements is on the following page.

S E C T I O N 8

A-1
ATTACHMENT A – CONTRACT REQUIREMENTS

ACKNOWLEDGEMENT
I, , declare as follows:

That I am the of ,
the Consultant making the attached proposal; and that I have read the sample Agreement for Services (Attachment B), including the insurance & indemnification requirements contained therein, and hereby state that I understand and am willing to abide by, and can meet the requirements of the contract, including insurance and indemnification requirements, without modification thereto, should my firm be selected for a project or projects based on my qualifications and proposal, assuming a mutually agreeable scope, fee, and schedule can be established.

Signed this day of , 2025
By
Title:

CSG PROPOSAL TO THE CITY OF GILROY

ON-CALL ENGINEERING, PLAN REVIEW AND CITY SURVEYOR SERVICES 19 Appendix

R E S U M E S
Resumes of Key Staff are provided on the following pages for the City’s review. Additional resumes can be provided upon request from the City.

S E C T I O N 9

2 Sandra

LICENSES &

CERTIFICATIONS
Professional Civil Engineer
State of California | 52583

EDUCATION
Bachelor of Science, Civil Engineering
Washington State University
| Pullman, WA
Meditch PE
Principal Engineer I
Ms. Meditch is a seasoned civil engineer with over 30 years of professional experience.

During her career, she has served as project engineer on a variety of projects from residential to commercial. Her experience includes project design and staff oversight, coordination of communication between clients, sub-consultants and public agencies; preparation of specifications, creation of cost estimates and construction administration.

For CSG, Ms. Meditch performs engineering plan review for various clients throughout California, including the City / Towns of San Leandro, Lathrop, Soledad, San Bruno, Rohnert Park, Marina, Moraga, Millbrae, Mountain View, La Habra, and Inglewood.

R E L E V A N T E X P E R I E N C E
Acting City Engineer | City of San Juan Bautista, CA
Ms. Meditch provided City Engineering services for the City of San Juan Bautista. Her primary duties involved overseeing the City’s maintenance department, including operation of the City’s water, sewer, roadway, and public facilities. Ms. Meditch also oversaw the construction of CIP projects, including managing and performing construction inspection, leading community outreach and public meetings, and coordinating project deadlines.

Interim City Engineer | Town of Los Altos Hills, CA
Ms. Meditch provided City Engineering services for the Town of Los Altos Hills. Her primary duties involved overseeing construction of a 9-lot subdivision, review of sewer main extensions, review of construction documents for install of fiber optic networks, preparation of construction documents for Town’s pathway system, sewer and pavement Capital Improvement projects.

L A N D D E V E L O P M E N T
Development Review| CSG Consultants, Inc.

Ms. Meditch performs engineering plan review for CSG clients throughout California. Her general duties include plan check review of major and minor developments (residential and commercial), including but not limited to grading plans, public improvement plans, utility improvement plans, and plot plans. Notable projects Ms. Meditch has review included, but are not limited to:
• Skyline College Residential | City Of San Bruno, CA
Ms. Meditch led the plan review of two residential projects in proximity to Skyline College. One element included 40 single-family detached homes on a 6-acre site. The project included a private street with access to neighborhood parks. The second piece of the project involved a 30-unit apartment complete for college faculty and staff which sites on a 2-acre site.
• North 40 Development | Town Of Los Gatos, CA
Ms. Meditch performed plan review for the North 40 Development. The 21 acre mixed use development includes 320 residential units and several commercial/retail sites. Plan review included offsite storm drain and sanitary sewer improvements, full reconstruction and widening of two major arterial streets, and modification to the State Highway 17 north bound on ramp at Lark Avenue.
• Commercial Redevelopment | City of Watsonville, CA
Ms. Meditch served as the primary plan reviewer for redevelopment of a 3.5-acre site near the Watsonville Slough . Reviews included demolition, grading, drainage, utilities, storm water treatment measures and flood plain issues.
• Acting Development Engineer | Cities of Milpitas, Gilroy, Marina, CA Ms. Meditch reviewed planning applications for tentative maps, demolition, grading, building, and site improvement permits. She was also a project manager for in-house and off-site review and approval associated with residential improvements; and managed construction issues with City staff and contractor.

3 Sophie

LICENSES & CERTIFICATIONS
Professional Civil Engineer
State of California
| 68110
Professional Land Surveyor
State of California
| 8998
Qualified SWPPP
Developer/Practitioner (QSD/QSP)

EDUCATION
Bachelor of Science, Civil Engineering
University of California Berkeley
| Berkeley, CA

TRAINING
California Subdivision Map
Act Seminar
Bay Area Hydrology Model (BAHM)
Municipal Regional NPDES Permit
Provision C.6 (Construction BMPs)
Truong PE, PLS, QSD/P
Director of Land Development
Ms. Truong is skilled in project management as well as at reviewing engineering plans and final and parcel maps. Her expertise is in reviewing projects for compliance with NPDES permit requirements, Local Ordinances, Project Conditions of Approval, CEQA mitigation measures, the State’s Subdivision Map Act and Land Surveyor’s Act, Coastal Development Permit conditions of approval, and any other permits or regulations enforced at the municipal, state, or federal level.

As part of her management and development review functions, Ms. Truong manages incoming submittals, reviews plans and prepares comments and redlines and regularly meets with project applicants and City personnel to review difficult projects and discuss design issues. She has provided invaluable service and technical advice to our clients on hundreds of projects from small urban infill and rural developments to large, high-profile economic development projects throughout California.

R E L E V A N T E X P E R I E N C E
Various Projects | City of Daly City, CA
Ms. Truong provided Engineering Plan review and NPDES post-construction treatment measure review, inspection, and Operation & Maintenance Agreement review services for multiple small to mid-size residential and commercial projects in the City of Daly City, including but limited to Dick’s Sporting Goods within the Serramonte Shopping Center, the Annie St. 22-Lot Residential Subdivision, the Chinese Cemetery located at 4650 Callan Blvd, and the Garden Valley 50-Lot Subdivision.

The Dunes at Monterey Bay | City of Marina, CA
Ms. Truong reviewed all parcel and final maps associated with the residential and retail development of this 420-acre Specific Plan area located within in the former Fort Ord.

This included phased parcel and final maps in commercially zoned areas, residential tract maps, and lot mergers. Ms. Truong met with City Planning and Engineering staff, and the Developer’s team to review and discuss the City’s specific plan requirements, the Disposition and Development Agreements, all existing easements, and access issues throughout the development.

General Vacation of Capitol Avenue & Lot Merger for the University Plaza Project | City of East Palo Alto, CA
Ms. Truong assisted the City Attorney and Engineering Staff with general procedures and document preparation, reviewed staff reports for Council Meetings, and reviewed all survey and mapping work prepared by the project developer in conjunction with the vacation of a public street that was currently in use. She assisted the City with public notifications and notifications to public utilities for relocations of utilities located within the street to be vacated. She also reviewed all documents associated with the lot merger for the project.

4 Jill

LICENSES &

CERTIFICATIONS
Professional Engineer
State of California|
C59975

EDUCATION
Bachelor of Science, Civil Engineering
California State Polytechnic
University
Pomona, CA
Barnes PE
Principal En gineer /Stor mwater Group Man ager
Senior Executive professional with more than 28 years of experience in public works, environmental compliance, master plan development and civil construction. Licensed Professional Engineer in the State of California. Highly equipped in directing design, construction and maintenance of road, sewer and storm drain utilities, building and park facilities, vehicle, and equipment maintenance. Possess expertise in planning, designing and delivery of multi-disciplinary capital improvement program for municipal facilities, transportation, utility, and other infrastructure systems. Strategic leader with proven track record of building and leading effective cross-functional teams. Able to manage and coordinate all construction activities and ensure that all project deliverables are achieved with regards to safety, quality, program, and cost.

R E L E V A N T E X P E R I E N C E
Grand Hyatt Seaside Resort | Seaside, CA
Ms. Barnes provides technical support and review services for the mixed-use development of this 180-acre hotel, conference center and restaurant area located within the former Fort Ord. This included phased site improvement and lot mergers. Ms. Barnes met with City Engineering staff, and the Developer’s team to review and discuss the City’s requirements including stormwater management plan review, Stormwater Pollution Prevention Plan review, existing easements, access issues and general circulation, and backbone infrastructure requirements. She reviewed all engineering plans for development of the site.

Various Projects | City of Pacifica, CA
Ms. Barnes provides entitlement review, Engineering Plan review and NPDES post-construction treatment measure review, and O&M Agreement review services for multiple small to mid-size residential and commercial projects in the City of Pacifica including but limited to the Pacific View Project a 37 residential unit subdivision, the Pacifica Quarry Reclamation Project for the reclamation of an 87-acre property formerly the Rockaway Quarry and the Loma Vista Terrace for development of 3 residential units.

Private Consultant | California
Ms. Barnes served as a private consultant to public agencies managing streetscape and utility projects, assuring quality and contractual conditions of performance. She also prepared and maintained project schedules, review the project work progress, and production rates on a frequent basis. Ms. Barnes also developed grant proposals and procured funding and intraagency partnerships to deliver public works projects with limited budgets.

Director of Public Works / City Engineer | City of Mill Valley, CA For a 17 year period, Ms. Barnes served as the City Engineer and eventual Director of Public Works for the City.

As Director, her duties included directing the City’s facility operations including wastewater treatment, sanitary sewers and storm drains, parks facilities, and road maintenance. She oversaw the department’s budget, controls expenditures and approval of all requisitions, advised the City Manager on all public works activities.

As City Engineer, Ms. Barnes planned, organized, and evaluated capital improvement projects and other contract services for the City. She ensured the City was in compliance with applicable laws and regulations, such as, but not limited to the Clean Water Act and Americans with Disabilities Act. She also analyzed and reviewed commercial and residential development projects to ensure compliance with City policies, transportation codes, regulations, and laws.

Advise and confer with staff and developers’ representatives on acceptable design alternatives and solutions. Developing mitigating measures to impose as conditions of approval.

5 Husam

LICENSES & CERTIFICATIONS
Engineer in Training
| E104094

EDUCATION
Bachelors of Science, Civil Engineer
Israel Institute of Technology
| Haifa, Israel
Aburabi EIT
Associate En gineer
Mr. Aburabi has over 22 years of diverse municipal and civil engineering experience. He has been involved in the design, specifications, and preparation of estimates for public works projects, including a wide range of roadway and light rail improvements. His experience includes the preparation of typical sections, layouts and profiles, super-elevations, pavement delineation, sign plans, erosion control, and water pollution control plans. As a Project Engineer, Mr. Aburabi has managed and coordinated engineering tasks, responded to RFIs, and addressed inquiries and feedback from clients and subconsultants.

Mr. Aburabi has experience performing plan check reviews for public agencies, verifying compliance with applicable standards and providing clear, actionable feedback to designers and applicants. He is also knowledgeable in SB 330 requirements, including application completeness, zoning consistency, and statutory review timelines, and has supported public agencies in evaluating development proposals under SB 330 guidelines. Additionally, his work includes coordinating and securing project approvals from agencies such as Caltrans, Valley Transportation Authority, and various utility providers.

Mr. Aburabi has extensive experience with the preparation of Storm Water Data Reports (SWDR), drainage reports, and the production of comprehensive roadway layout, profile, detail, and quantity take off plans. He is an expert in the use of AutoCad Civil 3D, Softdesk, Autodesk Land Desktop, Microstation, and the Hydraflow Storm Sewers program.

As Project Manager, Mr. Aburabi has been involved in the management and coordination of engineering work, responding to RFI’s, and replying to inquiries and feedback of clients and subconsultants. Additionally, his experience includes coordinating and obtaining permits and project approvals from various public agencies including Caltrans, Valley Transportation Authority, and utility companies.

RELEVANT EXPERIENCE
Staff Augmentation -Capital Improvement Program | City of Gilroy, CA Mr. Aburabi prepared and delivered Request for Proposals (RFP), Request for Qualifications (RFQ’s), and managed and coordinated engineering work with consultants and subconsultants related to CIP projects. His duties included:
• Preparing grant applications
• Conducting DBE analysis
• Preparing project schedules
• Overseeing project budgets
• Coordinating with various City departments
Staff Augmentation -Capital Improvement Program | City of East Palo Alto, CA Mr. Aburabi assisted the City with project and construction management for various capital improvements throughout the City. Duties include but were not limited to:
• Provided plan check services and demonstrated working knowledge of SB 330 requirements, including zoning consistency, application completeness, and timelines for ministerial and discretionary review.
• Prepared award package to Caltrans for the Bay Road Project Phase II & III from Clarke Ave to Cooley Landing Park. The award package included Caltrans forms EX15M, EX15A, EX15B, EX15C, EX15D, EX15H, EX15G, EX03, EX15L, etc. • Executed a contract between the City and consultant for construction management services;
• Prepared grant progress status report for California Department of Parks and Recreation (Prop 84);
• Request reimbursement grant from Midpeninsula Regional Open Space District (MROSD)

6 David

LICENSES &

CERTIFICATIONS
Professional Civil Engineer
State of California | C57601
Professional Land Surveyor
State of California | L7994

EDUCATION
Bachelor of Science, Industrial Technology
Construction Option with
Architectural Emphasis
California State University at Fresno
| Fresno, CA
Rubcic PE , PLS
Sen ior Project Man ager
Mr. Rubcic is a professional engineer with over 36 years of experience in all phases of municipal engineering including capital improvement projects, subdivision improvements, land developments, inspection, and master planning. Prior to joining CSG, Mr. Rubcic served the City of Hollister for 22 years, starting as an Assistant Engineer and ending his services as Interim City Engineer. As part of his role with the City of Hollister, Mr. Rubcic met with the public in workshops and other meetings including one-on-one discussions for negotiations of rightof-way acquisition, project meetings, and general community outreach.

For CSG, Mr. Rubcic provided map review for developments for the Town of Windsor, Mountain View, Monte Sereno, San Leandro and many other agencies in the area. He also performs development review for the City of Rohnert Park as part of an on-call development and map review contract.

R E L E V A N T E X P E R I E N C E
Development and Map Review | City of Marina, CA
Mr. Rubcic serves as CSG’s Project Manager overseeing the review of multiple developments within the City. Notable projects include but are not limited to:
• Sea Haven/Marina Heights Development - 240-acre site will include over 1,000 new townhouse and single-family residential units, and will include 35 acres of parks, greenbelts, and open space.
• the Dunes Residential Development - multiple phased of development. His responsibilities have included the review of Final Maps and the associated improvement plans for each phase. He has also performed several Tentative Map conformance reviews and a Tentative Map amendment review. • Marina Station - 246.2 Acres consisting 1360 residential units, commercial, industrial, office, parks, trails. He has already preformed a Tentative Map Conformance Review and participates in project meetings with the developer.

City Surveyor | City of Gilroy, CA
Mr. Rubcic currently serves as the CSG Project Manager and the City Surveyor where he has reviewed several Lot Line Adjustments, easements, certificate of compliance proposals and a Project Review for the compliance with existing maps on difficult properties involving a Court Judgment. He is currently reviewing a 67 Lot residential subdivision as part of the Glen Loma master planned Development.

Quality Assurance/Quality Control | Various Agencies, CA Mr. Rubcic has and continues to provide QA/QC services for various project reviews to CSG’s staff in a number of local communities including San Mateo, Mountain View, Daly City, Rohnert Park, the Town of Windsor, Colma, and San Juan Bautista.

Development and Map Review | Town of Windsor, CA
Mr. Rubcic performed CSG’s review of final maps, improvement plans, easements, Annexations for projects such as at 280 Arata Lane,330 Arata Lane, and the Veteran’s Village apartment project in the Town of Windsor.

Senior Civil Engineer (Interim City Engineer) | City of Hollister, CA Mr. Rubcic served 4 years as the Interim Engineering Manager/City Engineer, overseeing the City’s Engineering Department. His responsibilities included directing and supervising City engineering activities, preparing and administering the Capital Improvement Project program, providing support to the Management Services Department, and reviewing and approving private civil engineering plans and specifications and their adherence to established engineering standards and project requirements.

2 Son
LICENSES and CERTIFICATES
Professional Civil Engineer
State of California | 97167
Qualified SWPPP Developer/Practitioner
(QSD/QSP) | State of California #83529
Caltrans Resident Engineer’s Academy

EDUCATION
Bachelor of Science, Civil Engineering
San Jose State University
| San Jose, CA

PROFESSIONAL AFFILIATIONS
Toastmasters International
Secretary
Club: 4840673
Hoang PE, QSD/P
Senior Project Manager / Associate Engineer
Mr. Hoang provides clients with experience in design and plan review. Since joining CSG, his primary focus has been in design. This work includes a variety of public works projects involving paving design, drainage systems, and topographic surveys. Along with the preparation of design plans for public works projects, he has also created complete PS&E packages including specifications and engineering cost estimates.

RELEVANT EXPERIENCE
Various Plan / Map Check Review
Mr. Hoang has also been responsible for a variety of plan and map check reviews ranging from parcel maps to grading and drainage plans. He has reviewed various lot line adjustments and easement dedications for jurisdictions within San Mateo, Santa Clara, and Monterey County. Mr. Hoang has also performed new and redevelopment plan reviews with a focus on the latest C.3 compliance requirements for San Mateo County. He has been involved in multiple phases of the Dunes at Monterey Bay, a multi phased redevelopment of a former United States Army post.

Topographic Surveys
Mr. Hoang has been responsible for a variety of topographic surveys performed in conjunction with public improvement projects. Utilizing the most appropriate Control Scheme, whether it be local street monuments with assumed vertical datums, or tied to the California Coordinate System and North American Vertical Datum, Mr. Hoang has provided thorough identification of existing site conditions by surveying location and elevation of existing surface features, invert elevations of underground utilities, location of all pavement markings and striping, location and elevation of found monuments and benchmarks, sufficient elevation information along side streets to determine longitudinal slope for drainage, and location and elevation of any other items that would or may affect the design of construction of proposed improvements within the project limits. 2014 Sanitary Sewer Improvements | City of Millbrae, CA Mr. Hoang provided complete design, construction inspection, and assistant resident engineer services for the replacement of approximately 5,500 LF of 6” sanitary sewer pipe with 8” HDPE pipe by pipe bursting methods, both in the street and on private property in public easements. Project included open trench reconnections of approximately 130 laterals using electrofusion saddles, steel encasement of approximately 30 LF of exposed pipe by Millbrae Creek, and rehabilitation of 30 brick and concrete manholes using a 2- part mortar/epoxy liner.

Ralston Avenue Drainage Improvements| Town of Hillsborough, CA This project required comprehensive designing of improvements to an existing storm drain system. Work included drainage and hydrology calculations taking into consideration existing grades and structures.

Hillside Blvd. Improvements, Phase 1| Town of Colma, CA This project involved plans, specifications, and estimates for the complete re-design and beautification of Hillside Boulevard from Hoffman St. to Serramonte Boulevard in Colma, CA. Design elements included roadway improvements, drainage improvements, traffic signal design and bio-retention rain garden design.

3 Lori

LICENSES & CERTIFICATIONS
Professional Land Surveyor
| State of California L8803
Weis PLS
Sen ior Land Sur veyor
Ms. Weis is a professional land surveyor with over 40 years of experience in the land surveying and mapping field. Her professional competencies specialize in title research, fee ownership, encumbrances and the analysis of survey data for boundary resolutions.

This includes years of writing Legal Descriptions and computer aided drafting of Tract Maps, Parcel Maps and Records of Survey.

R E L E V A N T E X P E R I E N C E
Senior Land Surveyor | CSG Consultants, CA
Ms. Weis serves as CSG’s Senior Land Surveyor with responsibilities to review a thorough check of boundary and survey information reflected on submitted maps, check of accompanying Title Reports, vesting deed and reference documents for verification of fee ownership and encumbrances. She also provides technical accuracy with all the needed Math closures, including proper formatting and conformance with the City’s standards and Land Surveyor’s Act requirements.

Acting City Surveyor | City of Milpitas, CA
Ms. Weis oversaw and performed the review of Parcel Maps/Tract Maps/Legal Descriptions submitted to City of Milpitas as Land Development projects for technical accuracy, conformance with approved tentative map, City standards and Land Surveyor’s Act. Upon fulfillment of these requirements, she would sign said maps and documents on behalf of the City of Milpitas.

Map Review | City of Mountain View, CA
Ms. Weis oversaw and performed the review of Parcel Maps/Tract Maps/Legal Descriptions submitted to City of Mountain View connected with Land Development projects. I also assist in the review(s) of the chain of title to aid the City in determination if a Certificate of Compliance is needed on individual applications.

Mapping Supervisor | MH Engineering Company, CA
Ms. Weis served as the Mapping Supervisor for a Bay Area engineering consulting firm. Her duties included supervising and instructing in matters of legal descriptions and Maps, researching and determining fee title and encumbrances, analyzing deeds, survey data, and boundary resolutions, reviewing subdivision and street layouts, and writing of legal descriptions/plats. She also coordinated the submitting to agencies with Project Engineer and Title company.

Project Manager | Private Consultant, CA
Ms. Weis performed the review of Parcel Maps/Tract Maps/Legal Descriptions submitted to City of Marina for Land Development projects for technical accuracies and conformance to City Standards and Land Surveyor’s Act requirements.

WWW.CSGENGR.COM
888.794.2016

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City of Gilroy

STAFF REPORT
Agenda Item Title: Purchase of Real Property Located at 6601 Cameron Boulevard (APN 841-84-009) and Adoption of Resolution
Amending the Fiscal Year 2025-26 (FY26) Budget to
Appropriate $1,185,000 for the Purchase from the Water
Development Impact Fund (435)
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Utilities
Submitted by: Heath McMahon, Public Utilities Director
Prepared by: Bret Swain, Senior Civil Engineer
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure

RECOMMENDATION

1. Approve the purchase of real property located at 6601 Cameron Boulevard (APN 841-84-009) for $1,185,000 and associated transaction costs.

2. Authorize the City Administrator to execute the Purchase and Sale Agreement and related documents.

3. Adopt a resolution amending the Fiscal Year 2025-2026 (FY26) budget to appropriate $1,185,000 for the purchase of the property.

EXECUTIVE SUMMARY
Well 9 was recommended as part of the 2004 Water Master Plan and is essential to meeting the City’s water supply demands. The location at 6601 Cameron Boulevard has been evaluated and determined to be suitable for a municipal groundwater supply well. Staff recommends purchase of the subject parcel (APN 841-84-009) for the appraised value of $1,185,000.

BACKGROUND

The need for a municipal groundwater supply well in this area was identified in the 2004 Water Master Plan. In 2006, a well siting study was conducted to evaluate 16 possible locations described in the 2004 Water Master Plan. Only two areas were determined to be feasible for further investigation at that time: one in the Forest Street Park area where Well 3-02 was constructed to replace Well 3, and another near the McCarthy Business Park development east of Highway 101 near Pacheco Pass Highway.

The City made multiple attempts in the past to acquire land and develop a well in this area. Notably, in 2008, the City made a formal offer to purchase a property located near the corner of Holloway Road and Silacci Way for the purpose of installing a municipal supply well. Unfortunately, the City was unable to negotiate an agreement for the acquisition of the land with the property owners.

On September 16, 2019, the City awarded a contract to Luhdorff & Scalmanini Consulting Engineers (LSCE) to install a test well, evaluate a possible location for Well 9 at 6601 Cameron Boulevard (Site), develop the bid package for construction of Well 9, support acquisition of the Site, and provide engineering support during construction of Well 9. LSCE conducted an appraisal of the site to facilitate discussions with the owner. In October 2019, Conceptual Site Plan Alternatives were developed for the City’s review.

On June 25, 2021, a Letter of Intent to Purchase Real Property at 6601 Cameron Boulevard was prepared and transmitted to Joseph A. McCarthy Jr., indicating the City’s desire to purchase the site contingent upon installation of a test well and satisfactory results showing suitability for a municipal supply well.

On January 10, 2022, the City entered into an access agreement with McCarthy Ranch, LLC (Owner) to install a test well to evaluate the Site and underlying groundwater suitability for the proposed municipal supply well. The Site was determined to be suitable.

On May 30, 2023, a Site Investigation Summary and Production Well Design Recommendation Report was completed by LSCE, which indicated a municipal supply well located at the Site could yield approximately 1,500 gallons per minute of water that meets Title 22 Drinking Water standards without treatment.

In 2025, Staff initiated a re-appraisal of the Site to ascertain current value. Property owner has expressed a desire to sell the Site to the City for the appraised value of $1,185,000.

ANALYSIS
The City’s 2004 Water Master Plan estimated total water production capacity at 15.5 million gallons per day (MGD). During the period between 2004 and 2023, the population of the City grew by more than 40%. Water demand as of 2023 was estimated at approximately 16.3 MGD. Both Well 3-02 and Well 9 were planned to be online pumping water by 2023, but Well 9 has yet to be constructed. It is imperative to complete this well to increase water production capacity and provide resiliency to the system. Demand by 2040 is estimated to be 24.9 MGD and two additional new wells will need to be constructed and online by then.

The Site is an existing parcel located at 6601 Cameron Boulevard and is approximately 53,925 square feet of undeveloped land with existing street and sidewalk frontage

zoned for general industrial. The Assessor’s Parcel Number (APN) for the Site is 841- 84-009. The adjacent parcels are developed and zoned for general industrial. The Site is adjacent to the Tractor Supply store to the north, office building to the west, an industrial warehouse facility to the south, and Gilroy Self Storage to the east. This Site has sufficient land area and is accessible for the intended purpose as a municipal well site.

This project is an existing funded capital project identified in the FY24-28 Capital Improvements Plan (CIP) as the McCarthy Site Well (Well #9), CIP No. 800050. Fees for common area landscaping under the commercial CCRs are anticipated to be less than $1,500 present value annually. Fees for common area paving under the retail CCRs are anticipated to be between $5,000 to $25,000 present value, once every five to ten years depending upon the degree of pavement maintenance required.

ALTERNATIVES
Council may alternatively:

1. Decline to approve purchase.

2. Defer action and direct staff to evaluate other alternatives.

Staff does not recommend either alternative since site suitability for new groundwater wells is very limited, and the owner is amenable to the sale of the property at this time.

FISCAL IMPACT/FUNDING SOURCE
Funding for this property purchase of $1,185,000 was included in the FY25 budget from the Water Development Impact Fund (435). Given that the City has entered into its next fiscal year (FY26), the unspent funds from FY25 need to be reappropriated to now complete the purchase in FY26. A budget amendment is included to effectuate this.

PUBLIC OUTREACH
Not applicable.

NEXT STEPS
If approved by Council, staff will execute the agreement, establish escrow, and begin the due diligence processes to effectuate acquisition of the subject property.

Attachments:

1. Att 1 - Land Description - McCarthy Bus Prk - Lot 9 smaller

2. Att 2 - Purchase and Sale Agreement - McCarthy Lot 9 - Drft v5

3. Budget Amendment Resolution - FY26 McCarthy Well Site Purchase - July 2025

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PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) is made and entered into as of July ____, 2025 (the “Effective Date”), by and between MCCARTHY GILROY, LLC, a California limited liability company (“Seller”), and THE CITY OF GILROY, a California municipal corporation (“Buyer”).

RECITALS
A. Seller is the owner of certain real property located in the City of Gilroy, County of Santa Clara (the “County”), State of California, which real property is commonly known as 6601 Cameron Boulevard (Assessor’s Parcel Number: 841-84-009) and described as Parcel 9 of Parcel Map McCarthy Business Park, filed August 6, 2007 in Book 816 of Parcel Maps at Pages 48-52, Santa Clara County Records, File Number 19539696. The aforesaid real property presently consists of approximately 53,925 square feet and is more particularly described and depicted on Exhibit A attached hereto (the “Land”).

B. The Property shall consist of all of the following: (i) the Land; (ii) all right, title and interest of Seller, if any, in and to all rights, privileges and easements appurtenant to the Land (all of which are collectively referred to as the “Appurtenances”) (the Land and any Appurtenances are collectively referred to herein as the “Real Property”); and (iii) all right, title and interest of Seller, if any, to the extent transferable, in all intangible property used exclusively in connection with the business of owning, operating, maintaining and/or managing the Real Property, including licenses, permits, entitlements and governmental approvals which benefit the Real Property (all of which are collectively referred to as the “Intangible Property”).

C. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller, upon the terms and conditions contained in this Agreement, and all permits, licenses, consents, approvals and entitlements related to the Property described below.

The parties agree as follows:

1. Agreement of Purchase and Sale. Seller hereby agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property, which purchase and sale shall be upon and subject to all the terms and conditions hereinafter set forth.

2. Purchase Price. The purchase price (“Purchase Price”) for the Property shall be One Million One Hundred Eighty-Five Thousand Dollars ($1,185,000.00).

3. Escrow; Deposit; Independent Consideration.
a. Opening of Escrow; Deposit. The transaction contemplated by this Agreement shall be consummated through an escrow (“Escrow”) with Old Republic Title located at 8060 Santa Teresa Boulevard, Suite 100, Gilroy, California 95020 (“Escrow Agent,” “Escrow Holder,” or “Title Company”), Attention: Chris Gonzalez, Escrow Officer. Promptly following the Effective Date, Seller and Buyer shall open Escrow with Escrow Agent. Buyer shall, by no later than five (5) business days after the Escrow has opened, deposit into Escrow One Hundred Eighteen Thousand Five Hundred Dollars ($118,500.00) (the “Deposit”). The Deposit (less the Independent Consideration (defined below)) shall be fully refundable to Buyer until Buyer delivers its Feasibility Approval Notice as described in Section 6(a) to Seller on or before the expiration of the Feasibility Period (as defined in Section 6(a) below). Buyer shall have the right for any reason or for no reason to terminate this Agreement by written notice given to Seller at any time prior to the expiration of the Feasibility Period and, in such event, the Deposit made by Buyer (together with the interest, if any, accrued thereon while in escrow) less the Independent Consideration shall be promptly refunded to Buyer. The Deposit shall be disbursed to Seller following Buyer’s delivery of Buyer’s Feasibility Approval Notice. Upon disbursement of any portion of the Deposit to Seller as described above, such portion of the Deposit so released shall become non-refundable (except in the event of Seller’s default under this Agreement or as otherwise expressly provided in this Agreement) and shall be applicable to the Purchase Price upon the Close of Escrow.

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b. Investment and Reinvestment of Deposit. Any portion of the Deposit and all other funds deposited by Buyer and held by Escrow Agent will be invested and reinvested, in any demand deposit or savings account(s) of any California state or federal savings and loan association or California state bank or national banking association, as Buyer may instruct Escrow Agent in writing. All interest earned under such account(s) will accrue to Buyer.
c. Independent Consideration. One Hundred Dollars ($100.00) of the Deposit shall serve as independent consideration (“Independent Consideration”) for Seller’s execution of this Agreement and agreement to sell the Property to Buyer on and subject to the terms and conditions of this Agreement, including, without limitation, the grant to Buyer of the right to conduct its due diligence investigation of the Property and the grant to Buyer of the right to terminate this Agreement on or before the expiration of the Feasibility Period in connection with such due diligence investigation and shall be independent of any other consideration or payment provided for in this Agreement and is non-refundable in all events (except in the event of a default by Seller hereunder). The Independent Consideration is not applicable to the Purchase Price and shall be retained by Seller in the event of the Close of Escrow or any termination of this Agreement.

4. Payment of Purchase Price. The Purchase Price less any Deposit disbursed to Seller will be payable in cash through Escrow at the Close of Escrow.

5. Buyer’s Title Approval Rights. Buyer shall, within fifteen (15) days following Buyer’s receipt of the Documents (defined in Section 7(a) below) and the Title Report (as defined in Section 7(c) below), notify Seller in writing (“Buyer Objection Notice”) of any objection (which objection may be issued or withheld in Buyer’s sole and absolute discretion) that Buyer has to the title exceptions reflected in the Title Report or the matters shown on a Survey (as defined in Section 6(b) below). Buyer’s failure to timely deliver to Seller the Buyer Objection Notice shall be deemed to constitute Buyer’s disapproval of the Title Report and the Survey. Seller shall have a period of five (5) business days after receipt of the Buyer Objection Notice in which to deliver written notice to Buyer (“Seller Response Notice”) of Seller’s election to either (i) agree to attempt to remove, at Seller’s sole cost and expense, the objectionable items on or before the Closing Date (in which event Buyer shall be deemed to have waived its objection to the title exceptions and survey matters (if applicable) in question), or (ii) decline to attempt to remove the objectionable items. Seller’s failure to timely deliver to Buyer the Seller Response Notice shall be deemed to constitute Seller’s election not to attempt to remove the objectionable items. If Seller elects in the Seller Response Notice to attempt to remove the objectionable items, such removal shall be a condition precedent to Closing (as herein defined) for the benefit of Buyer, but not a covenant of Seller and except for the disapproved items, the condition of the title as shown on the Title Report shall otherwise be deemed approved. If Seller elects (or is deemed to have elected) not to remove the objectionable items, then Buyer shall have the right, by written notice to Seller (“Buyer Election Notice”) delivered within five (5) days after Buyer’s receipt of the Seller Response Notice (or, if Seller has failed to timely deliver to Buyer the Seller Response Notice, within five (5) days after the expiration of said five (5) day period), to either (i) immediately terminate this Agreement, whereupon Escrow Agent shall promptly release and return the Deposit (less the Independent Consideration) to Buyer, and all of the rights and obligations of Buyer and Seller hereunder shall cease, except that the parties shall equally be responsible for payment of the expenses of canceling Escrow (i.e., 50/50), or (ii) waive its objection to the title exceptions and survey matters (if applicable) in question. Buyer’s failure to timely deliver to Seller the Buyer Election Notice shall be deemed to constitute Buyer’s election to terminate this Agreement. Notwithstanding any other provision contained herein to the contrary, Seller shall, on or before the Closing Date, remove or cause to be removed all monetary liens and encumbrances against the Property, excluding real property taxes and assessments not yet due and payable (collectively, “Monetary Liens”).

6. Feasibility Period; Inspections and Studies.
a. Feasibility Period. Buyer shall have thirty (30) days following the Effective Date (the “Feasibility Period”) to conduct any feasibility, economic, political, title, physical, or engineering studies of the Property as Buyer may desire, in its sole and absolute discretion, including, but not limited to, Buyer’s review and approval of the matters described in (b) and (c) below, the terms and balances of any assessment district affecting the Property, the conditions of zoning, and verification of the availability of utility connections and Buyer’s evaluation of the feasibility of the Property for Buyer’s intended use and to conduct the Inspections and Studies as described in (b) below. If Buyer elects to proceed with the purchase of the Property after conducting such investigations, Buyer will give written notice to Seller and Escrow Agent of such fact before the expiration of the Feasibility Period (the

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“Feasibility Approval Notice”). Buyer’s failure to give the Feasibility Approval Notice before the expiration of the Feasibility Period will be deemed as Buyer’s election not to proceed with the purchase of the Property, whereupon the Deposit (less the Independent Consideration) held by Escrow Holder will be immediately released to Buyer and this Agreement shall automatically terminate with neither party having any further liability or obligation hereunder except as to any indemnities obligations that, by their terms, survive termination; provided, however, Seller shall not be released hereunder until the full amount of the Deposit held by Escrow Holder has been returned to Buyer. b. Inspections and Studies. During the Feasibility Period, Buyer may, at its sole cost and expense, perform such physical inspections, surveys (including, without limitation, a Phase 1 Environmental Study and an ALTA survey of the Property (“Survey”)), tests and studies, and review such other matters related to the Property, as Buyer deems necessary or appropriate for its review of the Property (collectively, “Inspections and Studies”). In connection with the foregoing, Buyer and its employees, agents, representatives, consultants and contractors (collectively, “Buyer Representatives”) shall have the right to enter upon the Property during normal business hours for the purpose of conducting such Inspections and Studies and/or performing the Survey. After any such entry, Buyer shall promptly restore the Property to its prior condition, if its condition was changed by such entry.

Buyer shall indemnify, defend and hold Seller harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities (including reasonable attorneys’ fees and expenses) to the extent caused by Buyer’s or the Buyer Representatives’ entry upon the Property, and the performance of the Inspections and Studies; provided, however, that Buyer shall have no responsibility or liability for any act or omission of Seller or its employees, agents, representatives or contractors and/or for any condition or defect on, under or affecting the Property not caused by Buyer or the Buyer’s Representatives but discovered during such Inspections and Studies. If Buyer does not acquire the Property for any reason whatsoever, Buyer shall deliver to Seller (i) all reports, documents and other materials (including, without limitation, the Documents) previously obtained by Buyer from Seller, and (ii) to the extent permitted pursuant to agreements with parties preparing the same, copies of all reports, documents and other materials pertaining to the Property as Buyer has prepared or caused to be prepared (specifically excluding any internal documents of Buyer containing proprietary or privileged information, appraisals, marketing studies, and plans and specifications of improvements). The delivery of such items shall be without representation or warranty as to the completeness or accuracy thereof.
c. Buyer’s approval of the items referenced in subparagraphs (a) and/or (b) above shall be manifested by Buyer’s delivery of the Feasibility Approval Notice. All of the above approvals may be granted or withheld by Buyer in its sole and absolute discretion. If Buyer fails to give the Feasibility Approval Notice, then such failure shall, without further notice, constitute a termination of this Agreement by Buyer. If Buyer so terminates this Agreement, then, on such date, Escrow Agent shall promptly release and return the Deposit (less the Independent Consideration) to Buyer, and all of the rights and obligations of Buyer and Seller hereunder shall cease, except that the parties shall equally be responsible for payment of the expenses of canceling Escrow (i.e., 50/50).

7. Documents and Preliminary Title Report.
a. Delivery of Documents. Seller shall as soon as practicable after the mutual execution of this Agreement, but in no event later than the date that is three (3) business days after the Effective Date, deliver or cause to be delivered to Buyer for Buyer’s review a standard disclosure package of documents and materials in Seller’s possession which relate directly to the Property, including, without limitation, maps, conditions of approval, plans, development agreements, specific plans, title reports, toxic studies reports, Mello-Roos information or documents, school fee information or documents, surveys, and environmental reports (collectively the “Documents”). b. Return of Documents. Buyer shall return all of the Documents, any and all copies Buyer has made of the Documents on the earlier to occur of (i) such time as Buyer determines that it shall not acquire the Property, or (ii) such time as this Agreement is terminated for any reason. c. Delivery of Preliminary Title Report. Seller shall within three (3) business days after the Effective Date of this Agreement deliver or cause to be delivered to Buyer for Buyer’s review and approval, a preliminary title report (and copies of all documents or items referenced therein as exceptions) issued by Title Company in respect of the Seller’s Real Property (collectively, “Title Report”).

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8. Representations of Seller. Seller makes the following representations and warranties to Buyer, all of which representations and warranties are true in all respects as of the Effective Date and shall be true in all respects at the Close of Escrow.
a. Authority. The individual(s) signing this Agreement on behalf of Seller has/have the power, right and authority to (i) enter into this Agreement, (ii) bind Seller hereto and (iii) consummate the transaction contemplated hereby, without the consent or joinder of any other party or order or approval of any court. b. No Commitments. Except as expressly identified in this Agreement, Seller has not entered into any material commitments or agreements with any third parties (including, without limitation) governmental authorities or agencies) affecting the Property that are not a matter of public record, including, without limitation, purchase agreements, rights of first refusals, options, leases or easements. c. No Pending Litigation. To Seller’s actual knowledge, no pending litigation exists against Seller relating to or arising out of Seller’s interest in the Property, and Seller has not received any written notice that any proceedings are contemplated and likely to be commenced during the term of this Agreement. d. No Violation of Laws. To Seller’s actual knowledge, in the past three (3) years Seller has not received any written notice or other written communication of any violation of any federal, state, regional or local law, ordinance or other governmental rule or regulation pertaining to the Property, including without limitation, subdivision, and environmental laws affecting the Property. e. No Condemnation Proceedings. To Seller’s actual knowledge, there are currently no condemnation or eminent domain proceedings threatened in writing or actively pending against the Property or any part thereof nor has any written request been received by Seller to engage in any transfer or transaction in lieu thereof. f. IRS Information. For purposes of Section 1445 of the United States Internal Revenue Code, as amended (the “Code”): (i) Seller is not a foreign corporation (as such term is defined in the Code and applicable federal income tax regulations); (ii) Seller’s Social Security Number (or equivalent) will be supplied to Escrow Holder at Closing; (iii) Seller’s correct address is as set forth in the FIRPTA (as defined below) and any other tax documentation related to this transaction; and (iv) the withholding of tax is not required by the Code upon the transfer of the Property in accordance with this Agreement. This certification may be disclosed by Buyer to the Internal Revenue Service.
g. Hazardous Substances. Except as otherwise disclosed to Buyer in writing or otherwise included in the Documents, to Seller’s actual knowledge, the Property is not currently under investigation for violation (or in violation) of any federal, state or local law, ordinance or regulation relating to the environmental conditions in, at, on, under or about the Property including, but not limited to, soil and groundwater conditions (collectively, “Environmental Laws”). To Seller’s actual knowledge, there are no underground storage tanks located on the Real Property.
h. Actual Knowledge. Whenever phrases such as "Seller knows", "to Seller's knowledge" or "Seller has no knowledge" or similar phrases are used in this Agreement with regard to the "knowledge" of Seller, they will be deemed to refer exclusively to matters within the current actual (as opposed to constructive) knowledge of Joseph A. McCarthy Jr. ("Seller's Representative"). No duty of inquiry or investigation on the part of Seller or Seller's Representative will be required or implied by the making of any representation or statement which is so limited to matters within Seller's knowledge, and in no event shall Seller's Representative have any personal liability therefor.

9. Buyer’s Representations and Warranties. Buyer hereby makes the following representations and warranties:
a. The individual(s) signing this Agreement on behalf of Buyer has/have the power, right and authority to (i) enter into this Agreement, (ii) bind Buyer hereto and (iii) consummate the transaction contemplated hereby, without the consent or joinder of any other party or order or approval of any court.

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b. Buyer has the requisite right, legal capacity and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transaction contemplated hereby. c. This Agreement and all other agreements, documents and instruments to be executed in connection herewith have been effectively authorized by all necessary action on the part of Buyer, which authorizations remain in full force and effect, have been duly executed and delivered by Buyer, and no other proceedings on the part of Buyer are required to authorize this Agreement and the transactions contemplated hereby.

10. Seller’s Covenants.
a. During the term of this Agreement, Seller shall:
i. Maintain Condition of Title. Neither cause nor voluntarily permit, any lien, encumbrance or any matter to cause the condition of title to be changed from that as stated in the Title Report, without Buyer’s prior written consent. Without limitation, Seller shall not encumber the Property with any Monetary Lien, including a deed of trust or other instrument in connection with any other loan or financing obtained by Seller. ii. Enter into No Agreements. Not enter into any agreements with the County, governmental agency (other than with Buyer in connection with this Agreement), utility company or any person or entity regarding the Property, which would remain in effect after the Close of Escrow, without obtaining Buyer’s prior written consent, which Buyer shall not withhold unreasonably. Without limitation, Buyer may withhold its consent to any agreement that would, in Buyer’s opinion, have any significant, detrimental impact on Buyer’s intended use for the Property.

11. Liquidated Damages. IF BUYER DEFAULTS UNDER THIS AGREEMENT BY FAILING TO

CLOSE ESCROW ACCORDING TO THE TERMS OF THIS AGREEMENT AND SUCH DEFAULT IS NOT CURED BY BUYER WITHIN TWO (2) BUSINESS DAYS OF THE INITIAL SPECIFIED CLOSING DATE, THE PARTIES AGREE THAT SELLER SHALL BE RELEASED FROM SELLER’S OBLIGATION TO SELL THE PROPERTY TO BUYER. IN SUCH EVENT, SELLER SHALL RETAIN ANY PORTION OF THE DEPOSIT

WHICH HAS BEEN DISBURSED TO SELLER AS LIQUIDATED DAMAGES, WHICH THE PARTIES AGREE

IS A REASONABLE SUM CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE

DATE, INCLUDING THE DIFFICULTY OR IMPRACTICALITY OF DETERMINING THE ACTUAL DAMAGES TO SELLER. SUCH LIQUIDATED DAMAGES SHALL BE SELLER’S EXCLUSIVE REMEDY

FOR SUCH DEFAULT, AND SELLER SHALL ACCEPT SAID LIQUIDATED DAMAGES IN PLACE OF ANY

OTHER RIGHTS OR REMEDIES IT MAY HAVE AGAINST BUYER INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO SPECIFIC PERFORMANCE OR TO RECOVER DAMAGES. SELLER’S RETENTION OF THE

DEPOSIT AS PROVIDED ABOVE AS LIQUIDATED DAMAGES HEREUNDER IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CIVIL CODE SECTIONS 1671, 1676 AND 1677. SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389.

Seller’s Initials Buyer’s Initials

12. Closing Conditions.
a. Buyer’s Conditions Precedent. Buyer’s obligation to purchase the Property is conditioned upon fulfillment or waiver by Buyer, in Buyer's reasonable discretion, of each of the following conditions (“Buyer’s Closing Condition(s)”) at or prior to closing, which are for Buyer’s benefit only, and may be waived in part or in whole by Buyer (and then only in writing):
i. Seller Performed All Obligations. Seller shall have performed each and every of Seller’s material obligations set forth in this Agreement.

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ii. Seller’s Representations and Warranties Are True. All the warranties and representations of Seller set forth in this Agreement shall be true and correct in all material respects at the time when made and at the Close of Escrow.
iii. Title Company Able to Issue Title Policy. The Title Company shall be irrevocably committed to issue in favor of Buyer, as the named insured, at Close of Escrow an ALTA standard owner’s policy of title insurance with coverage in an amount equal to the Purchase Price showing title to the Land vested in Buyer as of the Closing Date, subject to the title exceptions approved or waived by Buyer (the “Title Policy”), and Seller shall be ready, willing and able to transfer good and marketable fee title to the Property to Buyer at the Close of Escrow, subject only to the title exceptions approved or waived by Buyer. iv. Seller’s Deliveries. Seller shall have delivered to Escrow Agent the documents described in Section 13(c) below.
v. Possession at Closing. Delivery of possession of the Real Property to Buyer at the Close of Escrow, free from any rights or claims of rights of possession of any person or entity.

If Buyer’s Closing Conditions are not satisfied or waived in writing by the Closing Date, the Closing Date may, at Buyer’s election and without any additional deposits, be extended for up to ten (10) days after the original Closing Date; provided, however, if an unsatisfied condition is also a default by Seller, then Section 12(b) below shall apply. Buyer may also elect to terminate this Agreement in the event any Buyer Closing Condition is not satisfied on the Closing Date. Upon such termination, the Deposit paid by Buyer, together with any interest which has accrued thereon while held by Escrow Agent, shall be returned to Buyer (whether or not the same has been released to Seller) and the parties shall have no further obligations under this Agreement except as to any indemnities obligations that, by their terms, survive termination and provided that Seller shall not be released hereunder until the full amount of the Deposit has been returned to Buyer.
b. Buyer’s Remedies. If escrow fails to close on the Closing Date because of a default by Seller, then Buyer shall, in addition to any other rights or remedies specified in this Agreement or provided by law, have the following rights:
i. Buyer may extend the Closing Date (without any additional deposits) for such period as may be determined by Buyer to provide Seller an opportunity to cure the subject default. In the event Seller does not cure by the extended date established by Buyer, then Buyer may thereupon avail itself of the other rights and remedies set forth in this Section 12(b);
ii. Buyer may terminate this Agreement, whereupon the Deposit shall be returned to Buyer (whether or not the same has been released to Seller) (together with all interest accrued thereon, if any); or iii. Buyer may initiate an action for specific performance compelling Seller to perform its obligations under this Agreement, including, without limitation, conveying the Property to Buyer in the condition required under this Agreement. Seller hereby acknowledges the following: (A) this Agreement provides to Seller adequate consideration and that such consideration, including, without limitation, the Purchase Price, is just and reasonable, (B) Buyer will be considered to have fully and fairly performed its obligations under this Agreement if Buyer’s representations under Section 9 are accurate as of the scheduled Closing Date, and Buyer has indicated that it is prepared to deposit, or cause to be deposited, in Escrow any remaining balance of the Purchase Price and Buyer’s share of closing costs, and (C) Seller may be compelled to specifically perform its obligations hereunder to and for the benefit of Buyer. Any award of specific performance shall in no way preclude or limit any right of Buyer to recover attorneys’ fees and costs as provided in this Agreement. c. Seller’s Conditions Precedent. Seller’s obligation to sell the Property is conditioned upon fulfillment of each of the following conditions (“Seller’s Closing Condition(s)”) at or prior to closing, which are for Seller’s benefit only, and may be waived in part or in whole by Seller (and then only in writing):

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i. Buyer Performed All Obligations. Buyer shall have performed each and every of Buyer’s material pre-closing obligations set forth in this Agreement. ii. Buyer’s Representations and Warranties Are True. All the warranties and representations of Buyer set forth in this Agreement shall be true and correct in all material respects at the time when made and at the Close of Escrow.
iii. Buyer’s Deliveries. Buyer shall have delivered to Escrow Agent the documents described in Section 13(d) below.

If Seller’s Closing Conditions are not satisfied or waived in writing by the Closing Date, the Closing Date may, at Seller’s election, be extended for up to ten (10) days after the original Closing Date; provided, however, if an unsatisfied condition is also an uncured default by Buyer, then Section 11 above regarding Liquidated Damages shall apply.

13. Escrow Closing.
a. Closing of Escrow. Subject to the satisfaction or waiver by Buyer of all Buyers’ Closing Conditions described above, the Close of Escrow shall occur on the date five (5) business days following the expiration of the Feasibility Period (the “Outside Closing Date”). The Close of Escrow shall be the date on which the Grant Deed (as defined below) to the Property is recorded in the Official Records of the County (the “Close of Escrow” or the “Closing”). The date on which the Closing occurs is referred to herein as the “Closing Date”). b. Grant Deed. Title to the Property shall be conveyed by a grant deed in the form attached hereto as Exhibit B (the “Grant Deed”), without any exceptions except the title exceptions approved or waived by Buyer.
c. Seller’s Deposits into Escrow. Seller shall deposit or cause to be deposited into Escrow prior to the Close of Escrow the following:
i. The executed and acknowledged Grant Deed;
ii. An executed Federal Non-Foreign Investor Affidavit in the form attached hereto as Exhibit C (the “FIRPTA Affidavit”);
iii. An executed Withholding Exemption Certificate (California Form 593) as required under the California Revenue and Taxation Code; iv. One original of the estimated closing statement prepared by the Escrow Holder; and
v. Such other documents as may be reasonably required by the Escrow Holder to consummate this transaction.
d. Buyer’s Deposits into Escrow. Buyer shall deposit into Escrow prior to the Close of Escrow the following:
i. The Purchase Price (less the Deposit) in immediately available funds (“Closing Funds”).
ii. One original of an estimated closing statement prepared by Escrow Holder; iii. Such additional funds as may be required to pay Buyer’s share of closing costs and prorations as provided herein; and

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iv. Such other documents as may be reasonably required to consummate this transaction.
e. Expenses of Escrow. Seller shall pay (A) all County documentary transfer taxes, (B) the premium for Buyer’s Title Policy allocable to an ALTA standard owner’s policy of title insurance, (C) the cost of recording the Grant Deed, and (D) one-half (1/2) of all escrow fees. Buyer shall pay (i) the cost of Buyer’s endorsements, if any, and the excess cost of an ALTA extended owner’s policy of title insurance if Buyer elects to obtain an ALTA extended coverage Title Policy, (ii) the cost of an ALTA survey, if Buyer elects to obtain the same, (iii) one-half (1/2) of all escrow fees, and (iv) all other reasonable and customary expenses, fees and costs incurred in connection with the consummation of the Escrow. Buyer and Seller shall each bear their own respective attorneys’ fees and accounting costs incurred in connection with this transaction. f. Prorations; Taxes. All real and personal property taxes and assessments, including, without limitation, supplemental taxes, if any; water, sewer and utility charges (calculated on the basis of the period covered), and any other expenses normal to the operation and maintenance of the Property, shall all be prorated as of the Closing, on the basis of a 365-day year.
g. Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow.

14. Condemnation. If, prior to the initial date for Close of Escrow, all or any portion of the Property is subject to an actual taking by a public authority, by the power of eminent domain or otherwise (a “taking”), Seller shall immediately advise Buyer of the same in writing and Buyer shall have the right, exercisable by giving written notice to Seller within ten (10) days after Buyer’s receipt of written notice of such taking from Seller, either to (A) terminate this Agreement (whereupon the Deposit shall be immediately returned to Buyer and neither party shall have any further liability or obligation hereunder; provided, however, Seller shall not be released hereunder until the full amount of the Deposit has been returned to Buyer), or (B) to accept that applicable portion of the Property subject to such taking and to receive (i) a ratable reduction in the Purchase Price (calculated on a square foot basis) based on the square footage of the Property that is subject to the taking in question, and (ii) an assignment of all of Seller’s rights to any condemnation award payable by reason of such taking, to the extent such award exceeds the reduction in the Purchase Price described in subsection (i) above. If Buyer elects to proceed under clause (B) above, Seller shall not compromise, settle or adjust any claims to such award without Buyer’s prior written consent.

15. Broker’s Commission. Buyer and Seller each represent and covenant to the other that, except as herein provided, they have not entered into any agreement, incurred any obligation or know of any facts which might result in an obligation for any party to pay a sales or brokerage commission or finder’s fee for this transaction. Buyer and Seller each agree to indemnify and hold the other harmless from any loss, liability, cost or expense, including reasonable attorneys’ fees, arising from a breach of this representation and warranty. The foregoing indemnity and hold harmless obligations of the parties shall survive the Close of Escrow or any sooner termination of this Agreement.

16. Preliminary Escrow Instructions; Further Documents. This Agreement shall serve as preliminary escrow instructions to Escrow Agent. Each party will, whenever and as often as it shall be requested by the other party or Escrow Agent, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered such further instruments and documents as may be reasonably necessary in order to complete the sale, conveyance and transfer provided for herein, including, without limitation, such escrow instructions as may be required by Escrow Agent and will do any and all other acts and will execute, acknowledge and deliver any and all documents as may be reasonably required in order to carry out the intent and purpose of this Agreement. If there is a conflict between this Agreement and any escrow instructions, this Agreement shall control.

17. Miscellaneous Provisions.
a. Attorneys’ Fees. If it shall be necessary for either Buyer or Seller to employ an attorney to enforce or defend its rights under this Agreement, the non-prevailing party shall reimburse the prevailing party for its actual attorneys’ fees and costs of suit.

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b. Notices. Any approval, disapproval, demand, document or other notice (“notice”) which any party may desire to give to any other party shall be in writing and shall be delivered by hand delivery, by overnight courier, by e-mail, by electronic facsimile transmission or by U.S. certified or registered mail (postage prepaid) and shall be deemed received when receipted for at the addressee’s place of business (in the case of hand delivery), on the date of delivery confirmed by the overnight courier service (in the case of overnight courier delivery), on the day sent (in the case of e-mail), when the recipient’s facsimile machine acknowledges to the transmitting party receipt of all pages (in the case of facsimile transmission), and two (2) days after being posted with the U.S. mail (in the case of certified or registered mail delivery). All such notices shall be delivered to the following addresses (or at any other address as a party may later designate):

If to Buyer: The City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention: Jimmy Forbis, City Administrator
E-mail: [email protected]
Tel. No.: (408) 846-0202
with a copy to: Berliner Cohen, LLP
Attention: Andy Faber, Esq.
10 Almaden Blvd., 11th Floor
San Jose, CA 95113
E-mail: [email protected]
Tel. No.: (408) 286-5800
Fax No.: (408) 998-5388
If to Seller: McCarthy Gilroy, LLC
Attention: Joseph A. McCarthy Jr.
210 Almendra Avenue
Los Gatos, California 95030
E-mail: [email protected]
Tel. No.: (408) 358-5058
Fax No.: (408) 356-2338
with a copy to: Allen Matkins Leck Gamble Mallory & Natsis LLP Three Embarcadero Center, Suite 1200
San Francisco, California 94111
Attn: Timothy Kelly Esq.

E-mail: [email protected]
Tel. No.: (415) 273-7450
If to Escrow Agent: Old Republic Title
Attention: Leticia Colon
8060 Santa Teresa Boulevard, Suite 100
Gilroy, CA 95020
E-mail: [email protected]
Tel. No.: (408) 557-8400
c. Governing Law. The laws of the State of California shall govern the validity, enforcement, and interpretation of this Agreement.
d. Integration; Modification; Waiver. This Agreement constitutes the complete and final expression of the agreement of the parties relating to the Property and supersedes all previous contracts, agreements, and understandings of the parties, either oral or written, relating to the Property. This Agreement cannot be modified, or any of the terms hereof waived, except by an instrument in writing (referring specifically to this Agreement) executed by the party against whom enforcement of the modification or waiver is sought.

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e. Counterpart Execution; Electronic Signatures. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. In order to expedite the transaction contemplated herein, .pdf or DocuSign signatures sent via email may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the emailed document, are aware that the other parties will rely on the e-mailed signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. f. Headings; Constructions. The headings which have been used throughout this Agreement have been inserted for convenience of reference only and do not constitute matters to be construed in interpreting this Agreement. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise.

The words “herein,” “hereof,” “hereunder” and other similar compounds of the word “here” when used in this Agreement shall refer to the entire Agreement and not to any particular provision or section. The agreement contained herein shall not be construed in favor of or against either Seller or Buyer, but shall be construed as if both parties prepared this Agreement.
g. Time of the Essence. Time is of the essence of this Agreement and of the obligations of the parties to purchase and sell the Property, it being acknowledged and agreed by and between the parties that any delay in effecting a closing pursuant to this Agreement may result in loss or damage to the party in full compliance with its obligations hereunder. Notwithstanding any period for performance of any party’s obligations as contained in any additional instructions required by Escrow Agent (as referenced in Section 16 above) the rights of the parties hereunder shall be governed by the dates and times set forth in this Agreement. h. Invalid Provisions. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby.
i. Binding Effect. Subject to the provisions of Section 17(n) below, this Agreement shall be binding upon and inure to the benefit of Seller and Buyer, and their permitted successors and assigns. j. Further Acts. In addition to the acts recited in this Agreement to be performed by Seller and Buyer, Seller and Buyer agree to perform or cause to be performed at the Closing or after the Closing any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. k. Exhibits. All attached Exhibits and all items delivered into Escrow are incorporated herein. l. Survival. All covenants and agreements contained herein to be performed after the Closing Date and, except as otherwise set forth herein, all representations, warranties and indemnities shall survive the delivery and recordation of the Grant Deed and the closing of the purchase and sale of the Property for a period of twelve (12) months, and a party shall only be liable to the other party for a breach of a representation or warranty made by it with respect to which a claim is made by a party against the other party before the end of such twelve (12) month period. m. Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either Seller or Buyer, to any person or entity other than each other. n. Assignment. Buyer reserves the right to assign this Agreement or take title to the Property in the name of a nominee or assignee; provided that Buyer provide written notice within ten (10) days of the Closing Date of such assignment.
o. Computation of Time. The time in which any act under this Agreement is to be done shall be computed by excluding the first day and including the last day. If the last day of any time period stated herein shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday or legal holiday. Unless preceded by the word “business”,

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the word “day” shall mean a calendar day. The phrase “business day” or “business days” shall mean those days on which the Superior Court of the county in which the Property is located is open for business. p. 1031 Exchange. Seller may consummate the sale of the Property through a like-kind exchange pursuant to Section 1031 of the Internal Revenue Code (the “Exchange”). If Seller elects to undertake an Exchange, the following terms shall apply:
i. Seller, at its option, may assign its rights in this Agreement, as well as transfer its interest in the Property, to an exchange accommodator selected by Seller. Subject to the terms and conditions set forth in this Section 17(p), Buyer agrees to reasonably cooperate with Seller in connection with the Exchange. Buyer shall in no way be obligated to pay any fees, costs or other expenses (including, without limitation, any escrow fees, brokerage commissions, title charges, survey costs, recording costs or documentary transfer taxes) in connection with Seller’s replacement property in the Exchange.
ii. The Closing shall not be contingent upon or subject to the consummation of the Exchange. Escrow shall timely close in accordance with the terms of this Agreement notwithstanding any failure, for any reason, of the consummation of the Exchange. Buyer shall have no responsibility or liability on account of the Exchange to Seller or any third party involved in the Exchange. Buyer shall not be required to make any representations or warranties, nor assume any obligations, nor incur any costs, expenses or liabilities in connection with the Exchange. All representations, warranties, covenants and indemnification obligations of Seller to Buyer whether set forth in this Agreement or otherwise existing at law or in equity, shall inure to the benefit of Buyer, notwithstanding the Exchange. Buyer shall not be obligated to hold title to any replacement property in the Exchange.

Seller shall indemnify, defend and hold Buyer harmless from and against any and all claims, demands, actions, suits, liens, obligations, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from or related to the Exchange. [Signatures Appear on the Following Page]

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IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

SELLER: BUYER:

MCCARTHY GILROY, LLC,
a California limited liability company
By: McManagement Services, Inc.,
a California corporation
Title: Manager
By:_________________________
Name: Joseph McCarthy Jr.

Title: Vice President
Date: July ___, 2025

THE CITY OF GILROY,
a California municipal corporation
By:_________________________
Name: ______________________
Title: _________________________
Date: July ___, 2025
Approved to Form
By:_________________________
City Attorney
ATTEST
By:_________________________
City Clerk

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EXHIBIT A
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EXHIBIT A
Description of Land

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EXHIBIT A
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EXHIBIT A
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EXHIBIT B
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EXHIBIT B
Grant Deed

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
____________
____________
_______, CA _____
Attn: _____________
Mail All Tax Statements To:

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MCCARTHY GILROY, LLC, a California limited liability company (“Grantor”), hereby grants, transfers and assigns to THE CITY OF GILROY, a California municipal corporation (“Grantee”) all that certain real property located in the City of Gilroy, County of Santa Clara, State of California (“Property”), which Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

IN WITNESS WHEREOF, this Grant Deed has been executed this ____ day of ________, 2025.

GRANTOR:

MCCARTHY GILROY, LLC,
a California limited liability company
By: McManagement Services, Inc.,
a California corporation
Title: Manager
By:_________________________
Name: Joseph McCarthy Jr.

Title: Vice President

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EXHIBIT B
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A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________ )
On _______________, 2025, before me, ______________________, a Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)

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EXHIBIT B
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Exhibit A TO GRANT DEED
Legal Description of Property

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1"3$&-

$BNFSPO
#PVMFWBSE

EXHIBIT C
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EXHIBIT C
FIRPTA Affidavit

CERTIFICATE OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”), provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. Sections 18805 and 26131 of the California Revenue and Taxation Code provide that a transferee (buyer) of a California real property interest must withhold tax if withholding is required by Section 1445 of the United States Internal Revenue Code.

To inform , a
(“Transferee”), that withholding of tax under Section 1445 of the Code is not required upon disposition of certain real property to the Transferee by , a
(“Transferor”), the Transferor hereby warrants, represents and certifies the following on behalf of the Transferor:

1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations), but rather is a partnership formed under the laws of one of the United States.

2. The Transferor’s U.S. employer identification number is .

3. The Transferor’s office address is .

4. The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalty of perjury the Transferor declares that the undersigned has examined this certification and to the best of its knowledge and belief it is true, correct, and complete.

TRANSFEROR:

MCCARTHY GILROY, LLC,
a California limited liability company
By: McManagement Services, Inc.,
a California corporation
Title: Manager
By:_________________________
Name: Joseph McCarthy Jr.

Title: Vice President

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR THE 2025-2026 FISCAL
YEAR
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council carefully examined, considered, and adopted the same on June 2, 2025; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to the budget for Fiscal Year 2025-2026 (FY26) for the City of Gilroy in the staff report dated July 28, 2025, for the Purchase of Real Property located at 6601 Cameron Boulevard (APN841-84-009).

NOW, THEREFORE, BE IT RESOLVED THAT the expenditure appropriations for Fiscal Year 2025-2026 in Fund 435 – Water Development Impact Fund shall be increased by $1,185,000.00
PASSED AND ADOPTED this 28th day of July 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of Gilroy Management Association Memorandum of Understanding and Adoption of a Resolution Approving
Associated Salary Schedules for the Period of July 1, 2025 - June 30, 2028
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
a. Approve a Memorandum of of Understanding between the City and Gilroy Management Association for the period July 1, 2025 - June 30, 2028. b. Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2025, July 1, 2026, and July 1, 2027 salary schedules associated with the Gilroy Management Association Memorandum of Understanding.

EXECUTIVE SUMMARY
The City of Gilroy is a public employer and consistent with the Meyers-Milias-Brown Act (MMBA), the City engages in a collective bargaining process with represented employees through bargaining units. The process typically occurs over a three to four month period before the expiration of the existing labor contract. City employees (except executives and certain others) are organized into five different bargaining units and are represented by unions or associations. The product of the collective bargaining process is an MOU ("Memorandum of Understanding" or "Memoranda" for plural). MOUs specify the terms and conditions of employment.

The Gilroy Management Association (GMA) is one of the five City of Gilroy labor

organizations. This labor group represents approximately forty mid-management employees in all City departments. This agenda item is for the review and approval of the MOU for the GMA bargaining group for the next three fiscal years, FY 26 - FY 28.

BACKGROUND
Staff recently concluded negotiations with the Gilroy Management Association for a successor Memorandum of Understanding (MOU), including salary increases for the period July 1, 2025–June 30, 2028, in conformance with Council direction. A final copy of the MOU and the corresponding salary schedules are attached for the Council's review and approval. Staff worked with GMA bargaining unit members to prepare the changes to the MOU document. The final draft of the MOU has been reviewed by representatives of the GMA labor group and a designated representative from the GMA bargaining team has signed-off on the final documents. The remaining members of the GMA negotiations team and the City negotiations team will sign the documents following approval by the Council.

The focus of these negotiations was to maintain competitive compensation within the City's budget parameters. A key objective of the City is to recruit and retain high-quality employees. Retaining talented management-level employees is a priority for the organization, ensuring stable leadership and high-quality services for the Gilroy community. The three-year term of the MOU will provide stability for employees and the organization as a whole, allowing staff to plan and budget for the agreed-upon salary increases.

The main areas of change for the GMA MOU are summarized below:
• Three-year contract (July 1, 2025–June 30, 2028)
• Salary increases as follows:
o 3% salary increase effective July 1, 2025
o 2.5% salary increase effective July 1, 2026
o 2.5% salary increase effective July 1, 2027
• Using the current 2025 rates as the baseline, increase the City's contribution to medical and dental insurance by five percent (5%) on January 1, 2026, January 1, 2027, and January 1, 2028.
• Freeze the medical-in-lieu at current levels for existing employees; $500 cap for new hires. In exchange for freezing medical-in-lieu at the current level, along with the cap for new hires, a one-time payment of $1000 will be paid to each of the GMA employees who, as of June 1, 2025, waive coverage (12 GMA employees).
• Continue the ability for managers to cash out up to 40 hours of vacation leave once per fiscal year
• Add additional deferred compensation benefits as follows:
o Increase City contribution to deferred compensation from $30 per month to $130 per month, effective July 1, 2026

o Increase City contribution to deferred compensation from $130 per month to $230 per month, effective July 1, 2027
• Addition of language allowing for straight-time overtime pay for exempt Fire Division Chiefs who must cover a full shift due to another Fire Division Chief's absence (due to vacation or sick leave). Use of the 40-hour Fire Division Chief or an Extra Help Fire Division Chief are options before deciding to pay straight-time overtime.
• Incorporated a side letter adding the Cesar Chavez holiday. • Other minor clean-up/clarification language to update the MOU - no cost associated with these updates.

FISCAL IMPACT/FUNDING SOURCE
The cost of the MOU changes outlined above over the three-year period is estimated to be $867,000 or approximately $289,000 annually (average). Approximately 70% of this cost is charged to the General Fund and 30% to other operating funds. The adopted fiscal year 2025-26 and 2026-27 budgets include sufficient appropriations to accommodate the financial impacts of the MOU.

PUBLIC OUTREACH
Consistent with Gilroy's Open Government Ordinance, a draft redline copy of the MOU was posted on the City's website for ten days prior to Council approval.

NEXT STEPS
Following Council approval, the following steps will be taken:
• Remaining parties to sign the MOU
• Finalize and post the fully executed MOU on the City's website • Implement the MOU changes based on the effective dates included in the MOU Attachments:

1. GMA Salary Resolution with Salary Schedules for Agenda Packet 7.28.25

MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF GILROY
AND

THE GILROY MANAGEMENT ASSOCIATION
JULY 1, 2025 – JUNE 30, 2028
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MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF GILROY
AND

THE GILROY MANAGEMENT ASSOCIATION
JULY 1, 2025 - JUNE 30, 2028
ARTICLE I. PARTIES TO THE AGREEMENT
This Memorandum of Understanding is jointly prepared and executed by representatives of the City of Gilroy (hereinafter CITY) and the Gilroy Management Association (hereinafter GMA) for presentation to, and consideration by, the City Council of CITY. It shall not be binding until ratified by the GMA and adopted by the City Council.

ARTICLE II. RECOGNITION AND SCOPE
CITY hereby recognizes GMA as the recognized employee organization of employees in the classifications in Attachment “A” for purposes of Government Code 3500 et seq. and the Employer-Employee Relations Policy of CITY (City Council Resolution 85-25). Such recognition shall extend only to the representation of employees holding permanent positions in the classifications listed in Attachment “A.”.

ARTICLE III. CITY RIGHTS
Section A. In General:

All CITY rights and functions, except those which are expressly abridged by this Agreement, shall remain vested with CITY.

Section B. Rights Enumerated:

Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive CITY rights with respect to matters of general legislative or managerial policy which include but are not limited to: the exclusive right to determine the mission of its constituent sections; set standards of selection for employment and promotion; train, direct and assign its employees; require work outside of normal Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

working hours; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of CITY operations; determine the methods, means and personnel by which CITY operations are to be conducted; determine the content of job classifications; take all necessary actions to prepare for and carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. CITY has the right to make reasonable rules and regulations pertaining to employees consistent with this Agreement.

Section C. Employee Grievances Not Impaired:

The exercise of CITY management rights shall not preclude a grievant from presenting a grievance in accordance with the Human Resources Rules and Regulations, concerning an adverse effect of the exercise of such rights upon employee; provided, however, the basic right of management to act hereunder or make decisions is unimpaired.

Employees included in this representational unit covered by the Public Safety Officers Procedural Bill of Rights or the Firefighters Bill of Rights Acts shall be afforded the procedural rights included in that Act.

Section D. Consultations with GMA:

This Agreement is not intended to restrict the right of CITY to consult with GMA regarding matters within the right of CITY to determine. However, the parties understand that such consultation shall not create any obligation to meet and confer over issues not within the scope of representation.

Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

ARTICLE IV. GMA RIGHTS
Section A. Bargaining Unit Security:

1. An employee in one of the classes included in the Unit may at any time execute a payroll deduction authorization form (“Deduction Authorization Form”) as furnished by GMA.

2. GMA will be custodian of records for such Deduction Authorization Form and will provide the City with a certification that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. GMA shall not be required to provide the City a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization. However, GMA will provide the City with a certification document for each employee with sufficient information to allow the City to identify the appropriate level of deductions.

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3. The City shall begin deductions in the amount prescribed by GMA in the first full payroll period after receipt of written certification of employee authorization from GMA.

4. The City shall direct employee requests to cancel or change deductions to GMA and shall rely on information provided by GMA regarding whether deductions for an employee organization were properly canceled or changed.

5. Consistent with state law, GMA shall indemnify and save harmless the City, its officers and employees, for (1) any claims made by an employee for deductions made in reliance on GMA’s certification regarding a Deduction Authorization Form and (2) any claims made by an employee for deductions made in reliance on information provided by GMA regarding changes or cancellations to the deduction authorization.

Section B. Employee Orientation:

The City shall notify the Association in advance of a new employee who is being added to the bargaining unit, either through initial hiring or a promotional process. Toward the end of the employee’s orientation, a pre-designated Association representative shall be given time to meet with the employee for thirty (30) minutes, without loss of compensation, for the purpose of soliciting the employee to join the Association. If the Association is unable to make a presentation at the calendared time of the new employee orientation, the Association will be responsible for scheduling a meeting with the new or newly promoted employee.

ARTICLE V. SALARIES AND OTHER COMPENSATION
Section A. Salaries:

1. The salary schedule in effect on June 30, 2025 shall be increased by three percent (3%) effective July 1, 2025 for all unit members provided the employee's salary will not exceed the top of the established range for the classification. (Attachment B-1).

2. The salary schedule in effect on June 30, 2026 shall be increased by two and one-half percent (2.5%) effective July 1, 2026 for all unit members provided the employee's salary will not exceed the top of the established range for the classification. (Attachment B-2).

3. The salary schedule in effect on June 30, 2027 shall be increased by two and one-half percent (2.5%) effective July 1, 2027 for all unit members provided the employee's salary will not exceed the top of the established range for the classification. (Attachment B-3).

4. The last three percent (3%) of each GMA position’s salary range is the Retention Range Extension (RRE. To qualify for the RRE, an employee must have completed at least five (5) years of service as of their scheduled evaluation date. The City has had communications with CalPERS (2024-2025) and CalPERS has reviewed the GMA salary table and has approved the full salary range as qualifying compensation for purposes of CalPERS retirement benefits.

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5. All GMA employees shall enroll in and maintain direct deposit for payroll.

Section B. Retention/Recognition Incentive/Health Reimbursement Arrangement

1. Retiree Allowance – Eligibility, Amount and Timing
An Eligible Retiree, as defined below, shall be eligible to receive a Monthly Allowance, also defined below, from the City until reaching the age of sixty-five (65). An “Eligible Retiree” is a Unit employee that satisfies all of the following requirements:
• Is at least fifty-five years old (non-safety employees) or fifty years old (safety employees)
• Has retired from service with the City through CalPERS. An individual is deemed to be retired from service with the City if his or her effective retirement date is within 90 days of separation from employment with the City and he or she is receiving a retirement allowance from CalPERS resulting from the individual’s service to the City. • Hired to full-time City of Gilroy employment prior to November 1, 2005:
o Has rendered full-time employment services to the City for at least fifteen (15) years.
o The “Monthly Allowance” shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $300.
• Hired to full-time City of Gilroy employment on or after November 1, 2005:
o Has rendered full-time employment services to the City for at least twenty (20) years.
o The “Monthly Allowance” shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $200.
• Effective June 30, 2007:
o Has rendered full-time employment services to the City for at least twenty-five (25) years.
o The “Monthly Allowance” shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $300.
• Unit employees who promote from within the Gilroy Police Department organization to the classification of Police Captain (i.e. a GPOA Sergeant promotes to the classification of Police Captain) can maintain the allowance/benefit as written in the GPOA MOU at the time of promotion.
• A Unit employee retiring on or after July 1, 2015, must elect to participate in the City’s retiree health reimbursement arrangement.

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• Benefits under this section begin the first day of the month following the cessation of City-paid medical benefits. For example, if an employee retires on May 1st and Citypaid medical benefits continue through May 31st, the employee will receive his or her first payment under this provision in the month of June. If medical benefits extend to June 30th, then the benefits under this section will begin in the month of July.

2. Eligible Retirees On or After July 1, 2015
The Monthly Allowance for any Unit employee that qualifies as an Eligible Retiree on or after July 1, 2015, including City employees hired or rehired on or after January 1, 2013, shall be made available to the Eligible Retiree under the City’s retiree only health reimbursement arrangement (“Plan”) for the purpose of receiving nontaxable reimbursements of qualifying health care expenses under Sections 105(b) and 213(d) of the Internal Revenue Code.

A condition to receiving the Monthly Allowance and participating in the Plan is the submission of an election form to participate in the Plan. Any monthly administrative fees for the health reimbursement arrangement plan shall be borne by the retiree. An Eligible Retiree retiring on or after July 1, 2015, that does not elect to participate in the Plan will forfeit the Monthly Allowance. Reimbursements from the Plan shall be subject to substantiation that the Eligible Retiree incurred eligible expenses.

Section C. Retirement Plans and Contributions:

The City of Gilroy shall comply with the Public Employee Pension Reform Act (PEPRA) that went into effect on January 1, 2013. PEPRA is a state law that supersedes any conflicting wording that may be contained in this MOU.

Miscellaneous CalPERS Group:
▪ Tier One – Miscellaneous Employees Hired Prior to January 1, 2013 and Classic Members of CalPERS Hired on or After January 1, 2013
The City shall provide the 2.5% at 55 PERS retirement plan for GMA employees in the Miscellaneous CalPERS category that qualify as a “classic” member of CalPERS. This applies to employees hired to a fulltime position with the city of Gilroy prior to January 1, 2013 or an employee hired to a full-time position with the city of Gilroy on or after January 1, 2013 who qualifies as a “classic” member of CalPERS.

Employeesin this category shall have a pre-tax payroll deduction of eight (8%) percent consistent with IRC 414(h)(2). One (1) year final compensation (pursuant to CA Government Code Section 20042) is used for employees who retire under this formula. The City pays the employer contribution. ▪ Tier Two – Miscellaneous Employees Categorized as “New” CalPERS Members Hired On or After January 1, 2013
New full-time GMA employees in the Miscellaneous CalPERS category hired on or after January 1, 2013 who are classified as a “new” member of CalPERS shall receive the 2% at 62 CalPERS retirement plan. Employees in this category shall have a pre-tax payroll deduction for 50% of the Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

total normal cost of the plan as identified annually by CalPERS. This employee payroll deduction amount may change from year to year as required by PEPRA. Three year final compensation is used for employees who retire under this formula.

The following items are included in the PERS Miscellaneous retirement contract:
▪ Credit for Unused Sick Leave – pursuant to CA Government Code Section 20965 ▪ 3
rd Level 1959 Survivor Benefit – pursuant to CA Government Code Section 21573 ▪ Military Service Credit – pursuant to CA Government Code Section 21024 ▪ Death Benefit – pursuant to CA Government Code Section 21620 Fire Safety CalPERS Group:
• Tier One – Fire Safety Employees Hired Prior to January 5, 2011 The city shall provide the 3% at 55 CalPERS retirement plan (Government Code Section 21363.1) for GMA employees in the Fire Safety CalPERS Category that were hired to a full-time Fire Safety position with the city of Gilroy prior to January 5, 2011. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay the nine (9%) employee contribution as a pre-tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include:
o One (1) year Final Compensation - pursuant to CA Government Code Section 20042 o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4
th Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 • Tier 2 – Fire Safety Employees Hired On or After January 6, 2011, but Prior to January 1, 2013 and Classic Members Hired On or After January 1, 2013
The city shall provide the 2% at 55 CalPERS retirement plan for GMA employees in the Fire Safety CalPERS category that were hired to a full-time Fire Safety position with the city of Gilroy on or after January 6, 2011, but prior to January 1, 2013 OR to employees hired to a full-time position on or after January 1, 2013 who are categorized as a “classic” member of CalPERS. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay a seven (7%) employee contribution as a pre-tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include:
o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4
th Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 • Tier 3 – Fire Safety Employees Hired On or After January 1, 2013 Categorized as New CalPERS Members
The city shall provide the 2% at 57 CalPERS retirement plan for GMA employees in the Fire Safety CalPERS category that were hired to a full-time Fire Safety position with the city of Gilroy on or after January 1, Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

2013 who are categorized as a “new” member of CalPERS. Employees in this category shall have a pretax payroll deduction for 50% of the total normal cost of the plan as identified annually by CalPERS. This employee payroll deduction amount may change from year to year as required by PEPRA. Three year average final compensation is included with this formula. The plan shall include:
o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4
th Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 Police Safety CalPERS Group:
• Tier One – Police Safety Employees Hired Prior to January 5, 2011 The City shall provide the 3% at 50 CalPERS retirement plan (Government Code Section 21362.2) for GMA employees in the Police Safety CalPERS category that were hired to a full-time Police Safety position with the city of Gilroy prior to January 5, 2011. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay the nine (9%) employee contribution as a pre-tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include:
o 1 year Final Compensation - pursuant to CA Government Code Section 20042 o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4th Level 1959 Survivor Benefit – pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 • Tier 2 – Police Safety Employees Hired On or After January 5, 2011, but Prior to January 1, 2013 and “Classic” CalPERS Members Hired On or After January 1, 2013 The city shall provide the 2% at 50 CalPERS retirement plan for GMA employees in the Police Safety CalPERS category that were hired to a full-time Police Safety position with the city of Gilroy on or after January 5, 2011, but prior to January 1, 2013 OR to employees hired to a full-time position on or after January 1, 2013 who are categorized as a “classic” member of CalPERS. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay a nine (9%) employee contribution as a pre-tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include:
o 1 year Final Compensation - pursuant to CA Government Code Section 20042 o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4th Level 1959 Survivor Benefit – pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 • Tier 3 – Police Safety Employees Hired On or After January 1, 2013 Categorized as “New” CalPERS Members
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The city shall provide the 2.7% at 57 CalPERS retirement plan for GMA employees in the Police Safety CalPERS category that were hired to a full-time Police Safety position with the city of Gilroy on or after January 1, 2013 who are categorized as a “new” member of CalPERS. Employees in this category shall have a pre-tax payroll deduction for 50% of the total normal cost of the plan as identified annually by CalPERS. This employee payroll deduction amount may change from year to year as required by PEPRA.

Three year average final compensation is included with this formula. The plan shall include:
o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 o 4th Level 1959 Survivor Benefit – pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 Section D. Tuition Reimbursement
Tuition reimbursement for GMA employees is up to $1,000.00 per fiscal year. This may be used to cover the cost of tuition, books, fees, or other student expenses. Courses and reimbursement must be preapproved to qualify under this program. Only job related and career development courses will be approved for reimbursement. A grade of B or better is required for reimbursement.

Section E. Bi-lingual Pay:

All unit employees who demonstrate the ability to communicate (as a result of a verbal skills test) effectively in both Spanish and English shall receive an additional five (5%) percent of their respective base salaries. The City may require employees receiving bi-lingual pay to recertify (test) based on observed skill level or lack of use. However, such recertification shall occur no more than once every two (2) years to demonstrate continued competency. This test shall be a verbal skills test.

Section F. Fire Division Chief Shift Differential:

1. Fire Division Chief’s currently receive an additional five percent (5%) of base salary as compensation for the hours of work required of a Fire Division Chief. Currently, Fire Division Chiefs work a rotating schedule that aligns with the shift assigned and are required to work evening and weekend hours on a regular basis.

2. The addition compensation that the Fire Division Chief’s currently receive shall be coded as “Shift Differential Pay” as this pay code correctly defines the reason for the additional compensation. “Shift Differential” is defined by the California Code of Regulations, Title 2, Division 1, Chapter 2, Subchapter 1, Article 4, Section 571 as follows: “Shift Differential – Compensation to employees who are routinely and consistently schedule to work other than a standard “daytime” shift, e.g. graveyard shift, swing shift, shift change, rotating shift, split shifts, or weekends.” Currently, Division Chiefs consistently work the hours that are typically covered by swing shift, occasionally work late evening or very early morning hours, and work rotating shifts that includes weekends.

3. “Shift Differential Pay” coding shall be used for this compensation beginning with the June, 2016 payroll cycle for those Fire Division Chief’s working a rotating schedule that aligns with their assigned shift and which includes evening and weekend work hours.

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Section G. Deferred Compensation:

City will contribute $30/month to a City deferred compensation plan on behalf of each GMA employee.

Effective July 1, 2026, the City will contribute $130/month to a City deferred compensation plan on behalf of each GMA employee.

Effective July 1, 2027, the City will contribute $230/month to a City deferred compensation plan on behalf of each GMA employee.

In order to receive the City contribution, each GMA employee must be enrolled in one of the City’s deferred compensation plans.

ARTICLE VI. INSURANCE PROGRAMS
Section A. Medical Insurance:

1. The City shall provide a cafeteria program dollar contribution for each GMA employee. The cafeteria plan contribution amount was established on January 1, 2025 as the plan year for health plan coverage is the calendar year. The City cafeteria contribution amount shall increase by five (5%) percent each calendar year using the January 1, 2025 amount as the baseline starting point. Any health plan rate increases in excess of the annual City contribution amount each calendar year shall be paid by the employee.

2. The contribution amounts include any mandatory PERS PEMHCA contribution and the mandatory Dental Contribution.

3. The contribution amount that the employee qualifies to receive is based upon the number of individuals that the employee enrolls in a medical plan.

4. The employee may purchase other insurance benefits with any remaining contribution amount or through payroll deduction. Some of these benefits may be eligible for a pre-tax deduction. If there is a surplus, the employee will receive a cash payment for 100% of the surplus contribution (this is taxable income). The employee may not waive dental insurance under this provision. The employee must enroll himself or herself, along with qualifying dependents, in the Dental plan.

5. The employee may waive medical coverage under this program and enroll in dental insurance provided they show proof of other medical insurance coverage.

Employees waiving medical insurance, or whose medical insurance is less than the City contribution are entitled to the following:
a) Hired prior to July 1, 2025
• Bargaining unit member hired by the City on or before June 30, 2025 who waive medical coverage are entitled to $939.36 in taxable cash less the medical contribution required by CalPERS and less the dental premium.

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• In addition, within sixty (60) days of City Council adoption of the MOU in 2025, the City shall provide bargaining unit members who waive medical coverage as of June 1, 2025 a one-time payment of $1,000. b) Hired on or after July 1, 2025
• Bargaining unit members hired by the City on or after July 1, 2025 who waive medical coverage are entitled to $939.36 in taxable cash less the medical contribution required by CalPERS and less the dental premium. However, the taxable cash paid to an employee in this group after the CalPERS and dental deductions may not exceed $500.

Section B. Life and AD&D Insurance:

The CITY shall maintain in effect a life and AD&D insurance policy for unit members which equals 100% of annual salary. AD&D benefit increases the life insurance benefit paid to a Beneficiary if employee’s death is the result of an accident.

Section C. Long Term Disability Insurance:

Non-Safety Employees: For the term of this Agreement the CITY shall maintain in effect the Long Term Disability Program providing for a ninety (90) day elimination period and payment of sixty (60%) percent of pre-disability earnings to a maximum of eight thousand five hundred ($8,500) per month. Employees shall have the option of using accrued paid time to supplement LTD to bring gross wages to 100%.

Safety Employees (Police): For the term of this Agreement the CITY shall contribute up to $35.00 per month toward the cost of the PORAC Premier Plus Long Term Disability Program. The employee shall pay any cost of the plan in excess of the city contribution as a taxable payroll deduction. The employee shall pay taxes on the city contribution so that qualifying benefits can be non-taxable.

Safety Employees (Fire): For the term of this Agreement the CITY shall contribute up to $35.00 per month toward the cost of the Fire Long Term Disability Program, currently the California Association of Professional Firefighter LTD plan.

Section D. Vision Plan:

The City shall provide a vision plan for optional employee enrollment. Premiums for this plan shall be paid by the employee.

Section E. Employee Assistance Program:

The City shall provide an Employee Assistance Program for employees. The Employee Assistance Program shall provide for at least ten (10) visits per plan year (calendar).

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

ARTICLE VII. LEAVES
Section A Vacation Leave:

1. Vacation Accrual:

Completed Years of
Service
Mo. Hours Accrued Yearly Accrual Maximum Vacation
Balance
1 – 5 6.67 Hours Ten (10) Days 160 hours
6 – 15 10.00 Hours Fifteen (15) Days 240 hours
16 + 13.33 Hours Twenty (20) Days 320 hours

2. Vacation Cap:

The maximum vacation balance that an employee can maintain is two times the annual accrual.

Employees at or above the maximum balance will no longer accrue vacation time until such time that the employee’s vacation balance drops below the maximum balance allowed.

3. Vacation Cash Out:
a. During the life of the MOU, employees may cash out up to 40 hours of vacation leave per year. b. Members of the bargaining unit may make an irrevocable election to cash out vacation during the month of November each year. Vacation will be paid out with December payroll (January paycheck).
c. This vacation cash out provision will sunset on June 30, 2028.

Section B. Sick Leave:

Employees shall accrue sick leave at the rate of one (1) 8-hour day per month. There is no limit on the amount of sick leave that an employee can accrue. Employees that retire directly from the City of Gilroy shall have their accumulated sick leave hours/days reported to CalPERS pursuant to the Credit for Unused Sick Leave Program identified above as part of the CalPERS contract. There is no cash out of sick leave hours upon separation/retirement from employment.

Employees may utilize up to 50% of their annual sick leave accrual for family sick leave/kin care consistent with California Labor Code Section 233.

Section C. Personal Leave:

Employees shall be credited with forty-four (44) hours of personal leave on July 1 of each fiscal year. This leave is pro-rated for new hires and separating employees with a requirement that the employee must work at least 50% of the quarter in order to earn personal leave for that quarter. If the employee separates employment and has used more personal leave than would be allocated for the fiscal year based Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

on the date of separation, then the employee will charge the excess hours utilized to another available leave balance.

Section D. Administrative Leave:

Employee shall be credited with fifty-six (56) hours of administrative leave on July 1 of each fiscal year.

This leave is pro-rated for new hires and separating employees with a requirement that the employee must work at least 50% of the quarter in order to earn administrative leave for that quarter. If the employee separates employment and has used more administrative leave than would be allocated for the fiscal year based on the date of separation, then the employee will change the excess hours utilized to another available leave balance.

Section E. Bereavement Leave:

Eligible employees may take paid Bereavement Leave when a death occurs in the employee's or the employee's spouse's immediate family. For the purpose of this section, immediate family is defined as:

Parents, Brothers, Sisters, Spouses, Domestic Partners, Natural or Legally Adopted Children, or Grandparents. Up to three days of bereavement leave may be granted per occurrence if the death occurs within California and up to five days per occurrence may be granted if the death occurs outside of California. For deaths occurring within California, employee may take up to two (2) additional days per instance of Bereavement Leave using the employee’s sick leave or other eligible leave banks. Leave may also be granted in the case of the death of others with whom the employee has a significant relationship.

Such leave shall be granted in the sole discretion of the City Administrator, without any right to appeal.

Such leave shall not be cumulative.

Section F. Holidays:

GMA employees shall receive eleven (11) paid holidays(equal to eighty-eight (88) hours) as noted in Gilroy Human Resources Rules and Regulations, and with the addition of Cesar Chavez Day (March 31). Holidays shall typically be taken on the day observed. However, safety employee may flex holidays (eighty-eight (88) hours) based upon the needs of the department. GMA employees working approved alternate work schedules are required to flex weekly hours, use leave time, or take fewer holidays off so as not to exceed the maximum number of holiday hours allowed per fiscal year.

Section G. Christmas Eve Mandatory Closure
City offices and all non-essential operations shall be closed on the workday immediately preceding the Christmas Day Holiday. However, this is not a holiday and employees will be required to use either paid or unpaid leave to cover their absence on this day. Employees shall designate, at least two weeks prior to the mandatory closure, what leave time the employee will use to cover this day by completing the normal time off request form.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

All City Hall employees shall participate in the mandatory closure as the City Hall building will be closed on this date. Safety employees, however, may flex this day off based upon the needs of the department.

Section H. Catastrophic Leave Donation Program:

Employees may donate vacation hours, personal leave hours, or administrative leave hours under the Catastrophic Leave Donation Program outlined in the Gilroy Human Resources Rules and Regulations.

Section I. No Use of Leave to Extend Retirement or Separation Date Employees are required to be present at work during the entire two workweeks preceding their retirement or other planned separation from City employment (e.g. resignation to accept new position).

Employees may not use accrued leave time to extend their employment.

ARTICLE VIII. MISCELLANEOUS
Section A. Uniforms:

Police Captains: Effective July 1, 2019, the uniform allowance is $116.67 per month paid with regular payroll. Employees receiving a monthly uniform allowance are required to wear their uniform on a daily basis less occasional exceptions approved in advance by the Police Chief for specific events that warrant non-uniform attire.

Fire Division Chiefs: Effective July 1, 2019, the uniform allowance is $91.67 per month paid with regular payroll. Employees receiving a monthly uniform allowance are required to wear their uniform on a daily basis less occasional exceptions approved in advance by the Fire Chief for specific events that warrant non-uniform attire.

Fire Marshal: Beginning July 1, 2020, uniforms will not be provided, and the Fire Marshal will be paid a uniform allowance of $41.67 per month paid with regular payroll to purchase and maintain uniforms.

Employees receiving a monthly uniform allowance are required to wear their uniform on a daily basis less occasional exceptions approved in advance by the department head for specific events that warrant nonuniform attire. (Note: As of the date of this MOU, 7/1/22, the Fire Marshal position is currently an inactive GMA position.)
Fleet and Facilities Superintendent and Manager assigned to Public Works Field Operations (streets, water, sewer, parks, etc.): Consistent with the maximum annual allowance for uniform purchases provided to line operations, fleet, and facilities employees, the management position noted above can purchase uniform items listed on the uniform allocation/ordering worksheet.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Section B. DMV Pull Notice Program:

Employees who have the opportunity to operate motorized vehicles on city business are required to be safe drivers and operate vehicles in a safe manner. Employees, who have the opportunity to operate vehicles on city business, must possess and maintain a valid California driver’s license appropriate for the job and vehicle(s) to be operated. Employees who have the opportunity to operate motorized vehicles while on duty must also either: (1) enroll in the City's department of motor vehicles employer pull-notice program, or (2) provide the city with periodic updates of his or her driving record.

1. If an employee enrolls in the DMV employer pull notice program, the employee must fill out a City-specified enrollment form directing the DMV to provide the City with periodic updates of the employee’s driving record.

2. If an employee elects not to enroll in the DMV employer pull notice program, the employee is responsible for providing the City with periodic updates of the employee’s driving record.

These updates shall be provided annually during the month of January and every time the employee receives a citation or other entry on his or her driving record which impacts his or her ability to operate a motor vehicle while on duty, including but not limited to the revocation or temporary suspension of the employee’s drivers’ license.

Section C. Human Resources Rules and Regulations
The parties acknowledge that the City duly adopted its Human Resources Rules and Regulations prior to recognizing the GMA as the exclusive representative of employees in the classifications in Attachment “A” and that those rules and regulations (including those covering layoffs) remain in full force and effect except where inconsistent with this agreement.

Section D. Payroll Date and Direct Deposit:

Employees are paid monthly on the first City Hall working day of the month unless an earlier date is designated by the City for a particular month. The City will notify the Association prior to implementing the bi-weekly payroll calendar as part of the implementation of the new ERP.

All GMA employees shall enroll in direct deposit within sixty (60) days of employment.

Section E. Out of Class Appointment:

In accordance with Government Code 20480, an employee approved by the City to work in an out-ofclass appointment may not exceed 960 hours worked in the appointment within a fiscal year if the employee is appointed to an upgraded position or higher classification that is vacant during recruitment for a permanent appointment. This limitation does not apply to a position that is temporarily available due to a leave of absence.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Section F. Division Chiefs Overtime:

Fire Division Chiefs are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) and are generally expected to work the hours necessary to complete their work. When a Fire Division Chief is absent from a 12-hour shift due to vacation or illness, the City may utilize another Division Chief on their regular workday (e.g. a 40-hour Division Chief), an extra help employee, a Fire Division Chief on their regular day off, or an Acting Division Chief. When a Fire Division Chief covers a shift on their Regular Day Off, they shall be paid twelve (12) hours of straight time (including the 5% Shift Differential) for all hours worked during that shift (including any on-call responses during the shift).

ARTICLE IX. PEACEFUL PERFORMANCE
During the life of this Agreement, no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the GMA, and no lockouts shall be made by the City of Gilroy.

In the event that any employees covered by this Agreement, individually or collectively, violate the provisions of this article and the GMA fails to exercise good faith in halting the work interruption, the GMA and the employees involved shall be deemed in violation of this article and the CITY shall be entitled to seek all remedies available to it under applicable law.

ARTICLE X. REOPENERS
Upon request by the City, the City and GMA will reopen negotiations on revised Human Resources Rules and Regulations to address any substantive changes to the Human Resources Rules and Regulations. In addition, the following re-openers shall apply:

1. Upon request by the City, the City and GMA will reopen the MOU to negotiate implementation of a bi-weekly payroll system and to address other changes related to payroll system implementation. The parties’ intention is to develop a bi-weekly pay calendar that will result in employees receiving a portion of their pay earlier in the month.

2. In the event the Employer contribution required by CalPERS for any year cover by the MOU exceeds the estimates in CalPERS’ 2016 actuarial valuation, the City and GMA will reopen the contract to negotiate changes to address the rate increases.

ARTICLE XI. FULL UNDERSTANDING
This Memorandum of Understanding is the result of the parties’ good faith meeting and conferring pursuant to the MMBA and sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter covered herein during the term of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this agreement. Where this MOU conflicts with the Human Resources Rules and Regulations, the terms of this MOU shall control.

ARTICLE XII. SAVINGS PROVISION
If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction or invalidated by state or federal law, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Should the State of California adopt legislation forbidding or economically penalizing the CITY for granting any compensation increases called for in this agreement, the compensation increase shall be suspended. The CITY and Association shall meet and confer regarding any suspended compensation increases.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

ARTICLE XIII. TERM
This Memorandum of Understanding represents the entire Agreement between the CITY and GMA on subjects contained herein and shall become in full force and effect on July 1, 2025 unless otherwise noted, and shall continue in full force and effect until Midnight June 30, 2028. The GMA shall provide the CITY with its proposals for the period beginning July 1, 2028 no later than April 1, 2028. The parties agree to begin the meet and confer process by April 30, 2028.

FOR THE CITY OF GILROY
Signature/Date

FOR THE GILROY MANAGEMENT ASSOCIATION
(GMA)
Signature/Date
Charles Sakai, Negotiations Legal Counsel for the
City of Gilroy/Chief Negotiator
Tony Silva, Labor Relations Representative for
GMA/Chief Negotiator
Jimmy Forbis, City Administrator Hipolito Olmos, GMA President LeeAnn McPhillips, Administrative Services &
Human Resources Director/Risk Manager
Adam Henig, GMA Vice President
Harjot Sangha, Finance Director Patricia Vigil, GMA Treasurer Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142 7/24/2025

GILROY MANAGEMENT ASSOCIATION (GMA)
REPRESENTED CLASSIFICATIONS Attachment “A”

CITY hereby recognizes GMA as the recognized employee organization of employees in the classifications listed below for purposes of Government Code 3500 et seq. and the EmployerEmployee Relations Policy of CITY (City Council Resolution 85-25). Such recognition shall extend only to the representation of employees holding permanent positions in the classifications listed below:
• Building Official
• City Engineer/Traffic Engineer
• Communications & Engagement Manager
• Community Resilience Coordinator (grant-funded)
• Deputy Director of Community Development
• Deputy Director of Public Works-Operations
• Economic Development Manager
• Emergency Services & Volunteer Coordinator
• Environmental Programs Manager
• Facilities & Fleet Superintendent
• Financial Analyst
• Fire Division Chief
• Fire Marshal (non-safety)
• Geographic Information Systems (GIS) Analyst
• Housing & Community Services Manager
• Information Technology Applications Analyst
• Information Technology Manager
• Management Analyst (non-confidential positions)
• Management Analyst Trainee (non-confidential positions) • Network Administrator
• Planning Manager
• Police Captain
• Police Crime Analyst
• Program Administrator
• Project Manager
• Public Safety Systems Administrator
• Recreation Manager
• Senior Civil Engineer
• Senior Civil Engineer - Utilities
• Senior Environmental Engineer-Wastewater
• Senior Management Analyst (non-confidential position) • Senior Planner
• Utilities Business Manager
• Utilities Operations Manager
• Youth Task Force Coordinator
Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-1 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2025
(3.0% MOU Salary Increase)
Police Captain 4110 23 $14,767.33 $20,283.67 $177,208 $243,404 Fire Division Chief 4105 21 $13,394.83 $18,397.25 $160,738 $220,767 City Engineer/
Transportation Engineer 4107 34 $13,394.83 $18,397.25 $160,738 $220,767 Deputy Director of
Community Development 4136 19 $12,756.92 $17,521.67 $153,083 $210,260 Deputy Director of Public
Works - Operations 4137 20 $12,756.92 $17,521.67 $153,083 $210,260 Building Official 4120 22 $12,756.92 $17,521.67 $153,083 $210,260 Economic Development
Manager
4142 24 $11,570.58 $15,893.25 $138,847 $190,719
Environmental Programs
Manager
4144 26 $11,570.58 $15,893.25 $138,847 $190,719
Fire Marshal (Non-Safety) 4121 42 $11,570.58 $15,893.25 $138,847 $190,719 Housing & Community
Services Manager 4143 38 $11,570.58 $15,893.25 $138,847 $190,719 Information Technology
Manager
4134 25 $11,570.58 $15,893.25 $138,847 $190,719
Planning Manager 4139 40 $11,570.58 $15,893.25 $138,847 $190,719 Senior Civil Engineer 4117 27 $11,570.58 $15,893.25 $138,847 $190,719 Senior Environmental
Engineer 4116 28 $11,570.58 $15,893.25 $138,847 $190,719 Utilities Operations
Manager
4146 44 $11,570.58 $15,893.25 $138,847 $190,719
Communication &
Engagement Manager
4228 29 $11,019.75 $15,135.33 $132,237 $181,624
Program Administrator 4141 18 $11,019.75 $15,135.33 $132,237 $181,624 Utilities Business Manager 4145 41 $11,019.75 $15,135.33 $132,237 $181,624 Facilities & Fleet
Superintendent 4216 13 $10,495.08 $14,415.83 $125,941 $172,990 Project Manager 4119 17 $10,495.08 $14,415.83 $125,941 $172,990 Senior Planner 4221 16 $10,495.08 $14,415.83 $125,941 $172,990 Information Technology
Applications Analyst 4217 30 $9,519.67 $13,074.67 $114,236 $156,896 Monthly
Minimum
Monthly
Maximum
Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number Range

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-1 - 7.1.25 with MOU
Network Administrator 4215 39 $9,519.67 $13,074.67 $114,236 $156,896 Public Safety Systems
Administrator 4218 31 $9,519.67 $13,074.67 $114,236 $156,896 Recreation Manager 4129 14 $9,519.67 $13,074.67 $114,236 $156,896 Senior Management
Analyst 4224 15 $9,066.67 $12,451.92 $108,800 $149,423
Community Resilience
Coordinator 4230 37 $8,223.58 $11,295.08 $98,683 $135,541 Emergency Services &
Volunteer Coordinator 4229 35 $8,223.58 $11,295.08 $98,683 $135,541 Financial Analyst 4210 32 $8,223.58 $11,295.08 $98,683 $135,541 Geographic Information
Systems (GIS) Analyst 4236 36 $8,223.58 $11,295.08 $98,683 $135,541 Management Analyst 4222 33 $8,223.58 $11,295.08 $98,683 $135,541 Police Crime Analyst 4208 12 $8,223.58 $11,295.08 $98,683 $135,541 Youth Task Force
Coordinator 4135 11 $8,223.58 $11,295.08 $98,683 $135,541 Management Analyst
Trainee 4223 43 $7,401.25 $10,165.58 $88,815 $121,987
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-1 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-2 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2026
(2.5% MOU Salary Increase)
Police Captain 4110 23 $15,136.50 $20,790.75 $181,638 $249,489 Fire Division Chief 4105 21 $13,729.67 $18,857.17 $164,756 $226,286 City Engineer/
Transportation Engineer 4107 34 $13,729.67 $18,857.17 $164,756 $226,286 Deputy Director of
Community Development 4136 19 $13,075.83 $17,959.75 $156,910 $215,517 Deputy Director of Public
Works - Operations 4137 20 $13,075.83 $17,959.75 $156,910 $215,517 Building Official 4120 22 $13,075.83 $17,959.75 $156,910 $215,517 Economic Development
Manager
4142 24 $11,859.83 $16,290.58 $142,318 $195,487
Environmental Programs
Manager
4144 26 $11,859.83 $16,290.58 $142,318 $195,487
Fire Marshal (Non-Safety) 4121 42 $11,859.83 $16,290.58 $142,318 $195,487 Housing & Community
Services Manager 4143 38 $11,859.83 $16,290.58 $142,318 $195,487 Information Technology
Manager
4134 25 $11,859.83 $16,290.58 $142,318 $195,487
Planning Manager 4139 40 $11,859.83 $16,290.58 $142,318 $195,487 Senior Civil Engineer 4117 27 $11,859.83 $16,290.58 $142,318 $195,487 Senior Environmental
Engineer 4116 28 $11,859.83 $16,290.58 $142,318 $195,487 Utilities Operations
Manager
4146 44 $11,859.83 $16,290.58 $142,318 $195,487
Communication &
Engagement Manager
4228 29 $11,295.25 $15,513.75 $135,543 $186,165
Program Administrator 4141 18 $11,295.25 $15,513.75 $135,543 $186,165 Utilities Business Manager 4145 41 $11,295.25 $15,513.75 $135,543 $186,165 Facilities & Fleet
Superintendent 4216 13 $10,757.50 $14,776.25 $129,090 $177,315 Project Manager 4119 17 $10,757.50 $14,776.25 $129,090 $177,315 Senior Planner 4221 16 $10,757.50 $14,776.25 $129,090 $177,315 Information Technology
Applications Analyst 4217 30 $9,757.67 $13,401.50 $117,092 $160,818 Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number Range Monthly
Minimum
Monthly
Maximum

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-2 - 7.1.25 with MOU
Network Administrator 4215 39 $9,757.67 $13,401.50 $117,092 $160,818 Public Safety Systems
Administrator 4218 31 $9,757.67 $13,401.50 $117,092 $160,818 Recreation Manager 4129 14 $9,757.67 $13,401.50 $117,092 $160,818 Senior Management
Analyst 4224 15 $9,293.33 $12,763.25 $111,520 $153,159
Community Resilience
Coordinator 4230 37 $8,429.17 $11,577.50 $101,150 $138,930 Emergency Services &
Volunteer Coordinator 4229 35 $8,429.17 $11,577.50 $101,150 $138,930 Financial Analyst 4210 32 $8,429.17 $11,577.50 $101,150 $138,930 Geographic Information
Systems (GIS) Analyst 4236 36 $8,429.17 $11,577.50 $101,150 $138,930 Management Analyst 4222 33 $8,429.17 $11,577.50 $101,150 $138,930 Police Crime Analyst 4208 12 $8,429.17 $11,577.50 $101,150 $138,930 Youth Task Force
Coordinator 4135 11 $8,429.17 $11,577.50 $101,150 $138,930 Management Analyst
Trainee 4223 43 $7,586.25 $10,419.75 $91,035 $125,037
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-2 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-3 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2027
(2.5% MOU Salary Increase)
Police Captain 4110 23 $15,514.92 $21,310.50 $186,179 $255,726 Fire Division Chief 4105 21 $14,072.92 $19,328.58 $168,875 $231,943 City Engineer/
Transportation Engineer 4107 34 $14,072.92 $19,328.58 $168,875 $231,943 Deputy Director of
Community Development 4136 19 $13,402.75 $18,408.75 $160,833 $220,905 Deputy Director of Public
Works - Operations 4137 20 $13,402.75 $18,408.75 $160,833 $220,905 Building Official 4120 22 $13,402.75 $18,408.75 $160,833 $220,905 Economic Development
Manager
4142 24 $12,156.33 $16,697.83 $145,876 $200,374
Environmental Programs
Manager
4144 26 $12,156.33 $16,697.83 $145,876 $200,374
Fire Marshal (Non-Safety) 4121 42 $12,156.33 $16,697.83 $145,876 $200,374 Housing & Community
Services Manager 4143 38 $12,156.33 $16,697.83 $145,876 $200,374 Information Technology
Manager
4134 25 $12,156.33 $16,697.83 $145,876 $200,374
Planning Manager 4139 40 $12,156.33 $16,697.83 $145,876 $200,374 Senior Civil Engineer 4117 27 $12,156.33 $16,697.83 $145,876 $200,374 Senior Environmental
Engineer 4116 28 $12,156.33 $16,697.83 $145,876 $200,374 Utilities Operations
Manager
4146 44 $12,156.33 $16,697.83 $145,876 $200,374
Communication &
Engagement Manager
4228 29 $11,577.67 $15,901.58 $138,932 $190,819
Program Administrator 4141 18 $11,577.67 $15,901.58 $138,932 $190,819 Utilities Business Manager 4145 41 $11,577.67 $15,901.58 $138,932 $190,819 Facilities & Fleet
Superintendent 4216 13 $11,026.42 $15,145.67 $132,317 $181,748 Project Manager 4119 17 $11,026.42 $15,145.67 $132,317 $181,748 Senior Planner 4221 16 $11,026.42 $15,145.67 $132,317 $181,748 Information Technology
Applications Analyst 4217 30 $10,001.58 $13,736.50 $120,019 $164,838 Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number
TM
Grade
Monthly
Minimum
Monthly
Maximum

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-3 - 7.1.25 with MOU
Network Administrator 4215 39 $10,001.58 $13,736.50 $120,019 $164,838 Public Safety Systems
Administrator 4218 31 $10,001.58 $13,736.50 $120,019 $164,838 Recreation Manager 4129 14 $10,001.58 $13,736.50 $120,019 $164,838 Senior Management
Analyst 4224 15 $9,525.67 $13,082.33 $114,308 $156,988
Community Resilience
Coordinator 4230 37 $8,639.92 $11,866.92 $103,679 $142,403 Emergency Services &
Volunteer Coordinator 4229 35 $8,639.92 $11,866.92 $103,679 $142,403 Financial Analyst 4210 32 $8,639.92 $11,866.92 $103,679 $142,403 Geographic Information
Systems (GIS) Analyst 4236 36 $8,639.92 $11,866.92 $103,679 $142,403 Management Analyst 4222 33 $8,639.92 $11,866.92 $103,679 $142,403 Police Crime Analyst 4208 12 $8,639.92 $11,866.92 $103,679 $142,403 Youth Task Force
Coordinator 4135 11 $8,639.92 $11,866.92 $103,679 $142,403 Management Analyst
Trainee 4223 43 $7,775.92 $10,680.25 $93,311 $128,163
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

Attachment B-3 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

Docusign Envelope ID: 3CDE8DE3-26BB-49C4-B755-F6B5897CE142

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ESTABLISHING THE JULY 1, 2025, JULY 1,
2026, AND JULY 1, 2027 SALARY SCHEDULES FOR

EMPLOYEES REPRESENTED BY THE GILROY

MANAGEMENT ASSOCIATION
WHEREAS, the City Council does establish salaries for city officers and employees by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS:

1. The salaries effective July 1, 2025 for Gilroy Management Association employees as set forth in the attached salary schedule consisting of two (2) pages is hereby approved and established adding a three percent (3%) salary increase.

2. The salaries effective July 1, 2026 for Gilroy Management Association employees as set forth in the attached salary schedule consisting of two (2) pages is hereby approved and established adding a two and one-half percent (2.5%) salary increase.

3. The salaries effective July 1, 2027 for Gilroy Management Association employees as set forth in the attached salary schedule consisting of two (2) pages is hereby approved and established adding a two and one-half percent (2.5%) salary increase.

PASSED AND ADOPTED this 28th day of July, 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk

Resolution No. 2025-XX
GMA Employee Salary Schedules July 1, 2025 – June 30, 2028 City Council Regular Meeting | July 28, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, July 28, 2025 with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

Attachment B-1 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2025
(3.0% MOU Salary Increase)
Police Captain 4110 23 $14,767.33 $20,283.67 $177,208 $243,404 Fire Division Chief 4105 21 $13,394.83 $18,397.25 $160,738 $220,767 City Engineer/
Transportation Engineer 4107 34 $13,394.83 $18,397.25 $160,738 $220,767 Deputy Director of
Community Development 4136 19 $12,756.92 $17,521.67 $153,083 $210,260 Deputy Director of Public
Works - Operations 4137 20 $12,756.92 $17,521.67 $153,083 $210,260 Building Official 4120 22 $12,756.92 $17,521.67 $153,083 $210,260 Economic Development
Manager
4142 24 $11,570.58 $15,893.25 $138,847 $190,719
Environmental Programs
Manager
4144 26 $11,570.58 $15,893.25 $138,847 $190,719
Fire Marshal (Non-Safety) 4121 42 $11,570.58 $15,893.25 $138,847 $190,719 Housing & Community
Services Manager 4143 38 $11,570.58 $15,893.25 $138,847 $190,719 Information Technology
Manager
4134 25 $11,570.58 $15,893.25 $138,847 $190,719
Planning Manager 4139 40 $11,570.58 $15,893.25 $138,847 $190,719 Senior Civil Engineer 4117 27 $11,570.58 $15,893.25 $138,847 $190,719 Senior Environmental
Engineer 4116 28 $11,570.58 $15,893.25 $138,847 $190,719 Utilities Operations
Manager
4146 44 $11,570.58 $15,893.25 $138,847 $190,719
Communication &
Engagement Manager
4228 29 $11,019.75 $15,135.33 $132,237 $181,624
Program Administrator 4141 18 $11,019.75 $15,135.33 $132,237 $181,624 Utilities Business Manager 4145 41 $11,019.75 $15,135.33 $132,237 $181,624 Facilities & Fleet
Superintendent 4216 13 $10,495.08 $14,415.83 $125,941 $172,990 Project Manager 4119 17 $10,495.08 $14,415.83 $125,941 $172,990 Senior Planner 4221 16 $10,495.08 $14,415.83 $125,941 $172,990 Information Technology
Applications Analyst 4217 30 $9,519.67 $13,074.67 $114,236 $156,896 Monthly
Minimum
Monthly
Maximum
Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number Range

Attachment B-1 - 7.1.25 with MOU
Network Administrator 4215 39 $9,519.67 $13,074.67 $114,236 $156,896 Public Safety Systems
Administrator 4218 31 $9,519.67 $13,074.67 $114,236 $156,896 Recreation Manager 4129 14 $9,519.67 $13,074.67 $114,236 $156,896 Senior Management
Analyst 4224 15 $9,066.67 $12,451.92 $108,800 $149,423
Community Resilience
Coordinator 4230 37 $8,223.58 $11,295.08 $98,683 $135,541 Emergency Services &
Volunteer Coordinator 4229 35 $8,223.58 $11,295.08 $98,683 $135,541 Financial Analyst 4210 32 $8,223.58 $11,295.08 $98,683 $135,541 Geographic Information
Systems (GIS) Analyst 4236 36 $8,223.58 $11,295.08 $98,683 $135,541 Management Analyst 4222 33 $8,223.58 $11,295.08 $98,683 $135,541 Police Crime Analyst 4208 12 $8,223.58 $11,295.08 $98,683 $135,541 Youth Task Force
Coordinator 4135 11 $8,223.58 $11,295.08 $98,683 $135,541 Management Analyst
Trainee 4223 43 $7,401.25 $10,165.58 $88,815 $121,987
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Attachment B-1 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

Attachment B-2 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2026
(2.5% MOU Salary Increase)
Police Captain 4110 23 $15,136.50 $20,790.75 $181,638 $249,489 Fire Division Chief 4105 21 $13,729.67 $18,857.17 $164,756 $226,286 City Engineer/
Transportation Engineer 4107 34 $13,729.67 $18,857.17 $164,756 $226,286 Deputy Director of
Community Development 4136 19 $13,075.83 $17,959.75 $156,910 $215,517 Deputy Director of Public
Works - Operations 4137 20 $13,075.83 $17,959.75 $156,910 $215,517 Building Official 4120 22 $13,075.83 $17,959.75 $156,910 $215,517 Economic Development
Manager
4142 24 $11,859.83 $16,290.58 $142,318 $195,487
Environmental Programs
Manager
4144 26 $11,859.83 $16,290.58 $142,318 $195,487
Fire Marshal (Non-Safety) 4121 42 $11,859.83 $16,290.58 $142,318 $195,487 Housing & Community
Services Manager 4143 38 $11,859.83 $16,290.58 $142,318 $195,487 Information Technology
Manager
4134 25 $11,859.83 $16,290.58 $142,318 $195,487
Planning Manager 4139 40 $11,859.83 $16,290.58 $142,318 $195,487 Senior Civil Engineer 4117 27 $11,859.83 $16,290.58 $142,318 $195,487 Senior Environmental
Engineer 4116 28 $11,859.83 $16,290.58 $142,318 $195,487 Utilities Operations
Manager
4146 44 $11,859.83 $16,290.58 $142,318 $195,487
Communication &
Engagement Manager
4228 29 $11,295.25 $15,513.75 $135,543 $186,165
Program Administrator 4141 18 $11,295.25 $15,513.75 $135,543 $186,165 Utilities Business Manager 4145 41 $11,295.25 $15,513.75 $135,543 $186,165 Facilities & Fleet
Superintendent 4216 13 $10,757.50 $14,776.25 $129,090 $177,315 Project Manager 4119 17 $10,757.50 $14,776.25 $129,090 $177,315 Senior Planner 4221 16 $10,757.50 $14,776.25 $129,090 $177,315 Information Technology
Applications Analyst 4217 30 $9,757.67 $13,401.50 $117,092 $160,818 Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number Range Monthly
Minimum
Monthly
Maximum

Attachment B-2 - 7.1.25 with MOU
Network Administrator 4215 39 $9,757.67 $13,401.50 $117,092 $160,818 Public Safety Systems
Administrator 4218 31 $9,757.67 $13,401.50 $117,092 $160,818 Recreation Manager 4129 14 $9,757.67 $13,401.50 $117,092 $160,818 Senior Management
Analyst 4224 15 $9,293.33 $12,763.25 $111,520 $153,159
Community Resilience
Coordinator 4230 37 $8,429.17 $11,577.50 $101,150 $138,930 Emergency Services &
Volunteer Coordinator 4229 35 $8,429.17 $11,577.50 $101,150 $138,930 Financial Analyst 4210 32 $8,429.17 $11,577.50 $101,150 $138,930 Geographic Information
Systems (GIS) Analyst 4236 36 $8,429.17 $11,577.50 $101,150 $138,930 Management Analyst 4222 33 $8,429.17 $11,577.50 $101,150 $138,930 Police Crime Analyst 4208 12 $8,429.17 $11,577.50 $101,150 $138,930 Youth Task Force
Coordinator 4135 11 $8,429.17 $11,577.50 $101,150 $138,930 Management Analyst
Trainee 4223 43 $7,586.25 $10,419.75 $91,035 $125,037
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Attachment B-2 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

Attachment B-3 - 7.1.25 with MOU

GILROY MANAGEMENT ASSOCIATION

SALARY SCHEDULE
Effective July 1, 2027
(2.5% MOU Salary Increase)
Police Captain 4110 23 $15,514.92 $21,310.50 $186,179 $255,726 Fire Division Chief 4105 21 $14,072.92 $19,328.58 $168,875 $231,943 City Engineer/
Transportation Engineer 4107 34 $14,072.92 $19,328.58 $168,875 $231,943 Deputy Director of
Community Development 4136 19 $13,402.75 $18,408.75 $160,833 $220,905 Deputy Director of Public
Works - Operations 4137 20 $13,402.75 $18,408.75 $160,833 $220,905 Building Official 4120 22 $13,402.75 $18,408.75 $160,833 $220,905 Economic Development
Manager
4142 24 $12,156.33 $16,697.83 $145,876 $200,374
Environmental Programs
Manager
4144 26 $12,156.33 $16,697.83 $145,876 $200,374
Fire Marshal (Non-Safety) 4121 42 $12,156.33 $16,697.83 $145,876 $200,374 Housing & Community
Services Manager 4143 38 $12,156.33 $16,697.83 $145,876 $200,374 Information Technology
Manager
4134 25 $12,156.33 $16,697.83 $145,876 $200,374
Planning Manager 4139 40 $12,156.33 $16,697.83 $145,876 $200,374 Senior Civil Engineer 4117 27 $12,156.33 $16,697.83 $145,876 $200,374 Senior Environmental
Engineer 4116 28 $12,156.33 $16,697.83 $145,876 $200,374 Utilities Operations
Manager
4146 44 $12,156.33 $16,697.83 $145,876 $200,374
Communication &
Engagement Manager
4228 29 $11,577.67 $15,901.58 $138,932 $190,819
Program Administrator 4141 18 $11,577.67 $15,901.58 $138,932 $190,819 Utilities Business Manager 4145 41 $11,577.67 $15,901.58 $138,932 $190,819 Facilities & Fleet
Superintendent 4216 13 $11,026.42 $15,145.67 $132,317 $181,748 Project Manager 4119 17 $11,026.42 $15,145.67 $132,317 $181,748 Senior Planner 4221 16 $11,026.42 $15,145.67 $132,317 $181,748 Information Technology
Applications Analyst 4217 30 $10,001.58 $13,736.50 $120,019 $164,838 Annual
Minimum
Annual
Maximum Job Classification Title Job Class Number
TM
Grade
Monthly
Minimum
Monthly
Maximum

Attachment B-3 - 7.1.25 with MOU
Network Administrator 4215 39 $10,001.58 $13,736.50 $120,019 $164,838 Public Safety Systems
Administrator 4218 31 $10,001.58 $13,736.50 $120,019 $164,838 Recreation Manager 4129 14 $10,001.58 $13,736.50 $120,019 $164,838 Senior Management
Analyst 4224 15 $9,525.67 $13,082.33 $114,308 $156,988
Community Resilience
Coordinator 4230 37 $8,639.92 $11,866.92 $103,679 $142,403 Emergency Services &
Volunteer Coordinator 4229 35 $8,639.92 $11,866.92 $103,679 $142,403 Financial Analyst 4210 32 $8,639.92 $11,866.92 $103,679 $142,403 Geographic Information
Systems (GIS) Analyst 4236 36 $8,639.92 $11,866.92 $103,679 $142,403 Management Analyst 4222 33 $8,639.92 $11,866.92 $103,679 $142,403 Police Crime Analyst 4208 12 $8,639.92 $11,866.92 $103,679 $142,403 Youth Task Force
Coordinator 4135 11 $8,639.92 $11,866.92 $103,679 $142,403 Management Analyst
Trainee 4223 43 $7,775.92 $10,680.25 $93,311 $128,163
Notes:

GMA PERS Miscellaneous Employees:

GMA PERS Police Safety Employees:

Annual figures are rounded to the nearest $1.00 which is the base for the Tyler Munis HCM Salary Table data.

The last three percent (3%) of the established salary range requires the following: completion of 5 years of fulltime City of Gilroy service; salary placement greater than 95% of the regular range for more than one year; and a meets expectations or better annual performance evaluation.

Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash/cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, shift differential, car allowance/car provided, uniform allowance, and other forms of Council approved compensation.

GMA employees that are designated by CalPERS and the city of Gilroy as “classic members” of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS

2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as “new members” of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan.

Attachment B-3 - 7.1.25 with MOU
GMA PERS Fire Safety Employees:

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre-tax payroll deduction under IRC 414(h) (2).

Effective July 1, 2013, EPMC shall not longer apply.

If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre-tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply.

If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a “new member”, the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall be a pre-tax payroll deduction under IRC 414(h) (2).

City of Gilroy

STAFF REPORT
Agenda Item Title: Consent the Appointment of Brad Kilger (CalPERS Retired Annuitant) as the Interim City Administrator and Adoption of a Resolution Approving the Appointment and Employment
Agreement
Meeting Date: July 28, 2025
From: Mayor Greg Bozzo
Department: Administrative Services
Submitted by: Greg Bozzo, Mayor
Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
a) Appoint Brad Kilger (CalPERS Retired Annuitant) as Interim City Administrator. b) Adopt a resolution of the City Council of the City of Gilroy approving the appointment of Brad Kilger (CalPERS Retired Annuitant) as Interim City Administrator pursuant to Government Code Section 21221(h) and authorizing the Mayor to execute the employment agreement.

EXECUTIVE SUMMARY
To ensure continuity in the leadership and management of the City of Gilroy, it is recommended that the City Council appoint Brad Kilger (CalPERS retired annuitant) as Interim City Administrator effective July 29, 2025, and approve the resolution of appointment and authorize the Mayor to execute the employment agreement.

BACKGROUND
Due to the upcoming retirement (last day of work July 31, 2025) of City Administrator Jimmy Forbis, the City is in the process of working through the steps to fill the City Administrator position. However, this process will not be completed for several months.

Therefore, the city has a need for an Interim City Administrator during this time period.

Retired City Administrator/Manager Brad Kilger is available to serve in this leadership position.

Mr. Kilger is a California Public Employees’ Retirement System (CalPERS) retired annuitant, having retired effective February 2, 2019. He has the education, skills, and experience to hit the ground running and serve as Interim City Administrator.

Mr. Kilger has over thirty-five years of executive/senior-level municipal work experience, which includes eighteen years of City Manager/Administrator experience. He served as the City Manager/Town Manager of Martinez, Benicia, Ceres, and Yucca Valley. He has been a Director in the Community Development/Economic Development field for the towns of Yucca Valley and Apple Valley and the cities of Murrieta and San Bernardino. He has also completed several Interim City Manager assignments for the cities of Gustine, Calistoga, Los Altos, and South Lake Tahoe. In addition, he is a Senior Advisor with the International City-County Management Association (ICMA). Mr.

Kilger holds a Bachelor of Science in Environmental Sciences and Urban Studies from the University of California, Riverside, and a Master of Business Administration with a concentration in Management from California State University, San Bernardino. He also holds a certificate in Economic Development from California State University, Bakersfield.

California Government Code Section 21221(h) allows an agency to hire a retired annuitant to serve in an “interim” position when there is an immediate need for expertise and specialized skills and recruitment is underway for the position. The city has begun the recruitment process and has requested proposals from search firms to assist with the nationwide search for Gilroy's next City Administrator. Further, the retired annuitant may not work more than 960 hours in a fiscal year and cannot receive any compensation other than the hourly rate of pay for the work performed by other employees performing comparable duties.

In the Interim City Administrator role and as an officer of the city, Brad Kilger agrees to perform the following duties related to the City of Gilroy:

City of Gilroy Charter
The City Administrator shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Administrator shall have power and be required to:
(a) Take a continuing interest in the effectiveness and economy of all administrative arrangements throughout the City;
(b) Insure that administrative activities with which two (2) or more departments are concerned are effectively coordinated;
(c) Appoint, suspend, discipline and/or remove, subject to the provisions of this Charter, all officers and employees of the City except that department heads shall be appointed

and removed with the consent of the Council. This sub-section shall not apply to those department heads and officers whose appointment is vested by this Charter in the Council. The City Administrator may authorize the head of any department or office to appoint or remove subordinates in such office;
(d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption;
(e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year; (f) Make and execute, on behalf of the City, contracts involving Council-appropriated expenditures, and bids or proposals approved by the Council; (g) Establish a purchasing system to meet the needs of all City offices, departments and agencies;
(h) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable; (i) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced;
(j) Submit periodic reports to the Council covering significant activities of City agencies, offices and departments under his supervision and significant changes in administrative rules and procedures promulgated by the City Administrator; (k) Submit special reports in writing to the Council in answer to any requests for information when requested of him by the Council; and
(l) Perform such other duties consistent with this Charter as may be required of him by the Council. (Charter Amendment November 4, 1997)
The City Administrator shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations but shall not have a vote. He shall attend all regular and special meetings of the Council unless physically unable to do so or unless he has received prior approval for such absence from the Council.

City Administrator Job Description
• Attend meetings of the City Council to advise members on established policy and advise the City Council on matters of administrative practices, City operations, policies and problems.
• Report to Council on various topics and make recommendations concerning the adoption of measures and ordinances.
• Receive various assignments from the Council.
• Prepare an Annual Financial Plan and Capital Improvement Budget and submit it to the City Council for their review and adoption.
• Exercise continuous budgetary controls to ensure proper expenditures of authorized funds.
• Study systems and procedures and propose improvements and simplifications. • Conduct continuous research in administrative practices and recommend to the City Council those practices which will produce greater efficiency and economy in city government.

• Represent the City Council and the City in relationships with other governmental agencies, and the general public.
• Coordinate interdepartmental and inter-jurisdictional projects and activities. • Execute contracts on behalf of the City Council.
• Organize City Departments into effective, productive units. • Plan for future City activities/projects with all departments. • Appoint, suspend, discipline and/or remove all officers and employees as set forth in the City Charter; administer all the City's personnel rules and regulations.
• Act as Director of Emergency Services.
• Negotiate and lead initial planning of major civic or community improvement projects.
• Serve as the Authority Manager of SCRWA (South County Regional Wastewater Authority).
• Stay current and proactively respond to pending legislation which has the potential to impact the City budget or other operations. • Perform such special assignments as the City Council may direct.

As the Interim City Administrator, Brad Kilger will report directly to the City Council and shall comply with all City rules, policies, guidelines, regulations, and laws. Mr. Kilger will be paid $151.56 per hour with no other benefits or incentives.

ALTERNATIVES
The alternative would be not to approve the interim appointment. The city would then need to alternatively identify someone else to serve in this role or leave the position vacant. These alternatives are not recommended.

FISCAL IMPACT/FUNDING SOURCE
This interim appointment provides a cost savings to the city as only the hourly rate for the position is paid to the retired annuitant and not any benefits. It is estimated that this interim appointment will save the city approximately $9,250 per month when filled on a full-time basis. Over a four-six-month period, the savings will total approximately $37,000 - $55,500.

NEXT STEPS
Upon Council approval, the Mayor will sign the employment agreement. In addition, the City Council and staff will continue to complete the recruitment process until an ongoing appointment is made.

Attachments:

1. Council Resolution for Interim City Administrator Appointment (Brad Kilger) 21221h

7.28.25 2. Employment Agreement Exhibit A Brad Kilger 7.28.25

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY APPOINTING BRAD KILGER AS INTERIM

CITY ADMINISTRATOR TO LEAD AND MANAGE THE

CITY OF GILROY AND APPROVING EMPLOYMENT

AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, Brad Kilger retired from California Public Employees’ Retirement System employment on February 2, 2019; and
WHEREAS, Brad Kilger has over thirty-five years of municipal experience as a City Administrator/Manager and/or Senior Executive level positions and most previously served as the Martinez City Manager from 2016 - 2019; and
WHEREAS, the position of City Administrator will become vacant on August 1, 2025 following the retirement of Jimmy Forbis; and
WHEREAS, the Gilroy City Council desires to appoint retired annuitant Brad Kilger to lead and manage the City in the position of Interim City Administrator for the City of Gilroy under Government Code Section 21221(h), effective July 29, 2025; and WHEREAS, Brad Kilger has extensive experience leading and managing a full-service municipal organization and experience with all administrative aspects of leading and managing a California city; and
WHEREAS, an appointment under Government Code Section 21221(h) requires that the City has initiated steps to begin the recruitment process for the vacant position; and WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the ongoing regular replacement for the vacant position of City Administrator for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Brad Kilger; and WHEREAS, the entire employment agreement between Brad Kilger and the City of Gilroy has been reviewed by this body and is attached hereto as Exhibit A; and WHEREAS, no matters, issues, terms, and/or conditions related to this employment and appointment have been or will be placed on the consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

Resolution No. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING BRAD KILGER AS

INTERIM CITY ADMINISTRATOR FOR THE CITY OF GILROY AND APPROVING EMPLOYMENT

AGREEMENT
City Council Meeting | July 28, 2025

WHEREAS, the current base monthly salary for this position is $26,270.83 and the hourly equivalent is $151.56; and
WHEREAS, the hourly rate to be paid to Brad Kilger will be $151.56; and WHEREAS, Brad Kilger has not and will not receive any other benefit, incentive compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Council hereby certifies the nature of the employment of Brad Kilger as described herein and detailed in the attachment employment agreement and that this appointment is necessary to fill the critically needed position of Interim City Administrator for the City of Gilroy to provide the specialized skills necessary to lead and manage the City organization.

3. The City Council hereby authorizes the appointment of Brad Kilger to Interim City Administrator effective July 29, 2025, pursuant to the authority provided under Government Code Sections 21221(h), which shall end on the date immediately preceding the date on which the permanent replacement for the vacant position of City Administrator for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Brad Kilger.

4. The employment agreement with Brad Kilger, a copy of which is attached hereto as Exhibit A and will be maintained on file with the Human Resources Department, is approved by the City Council, effective July 29, 2025.

5. The Mayor is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the City Council and City Attorney.

PASSED AND ADOPTED this 28th day of July, 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Resolution No. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING BRAD KILGER AS

INTERIM CITY ADMINISTRATOR FOR THE CITY OF GILROY AND APPROVING EMPLOYMENT

AGREEMENT
City Council Meeting | July 28, 2025

APPROVED:

Greg Bozzo, Mayor
ATTEST:
__________________________
Kim Mancera City Clerk

Resolution No. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING BRAD KILGER AS

INTERIM CITY ADMINISTRATOR FOR THE CITY OF GILROY AND APPROVING EMPLOYMENT

AGREEMENT
City Council Meeting | July 28, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, July 28, 2025 with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

EXHIBIT A

RETIRED ANNUITANT EMPLOYMENT AGREEMENT
The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of Gilroy, a municipal corporation of the State of California (“City”) and Brad Kilger, an individual (“Retired Annuitant”) effective July 29, 2025 (“Effective Date”).

RECITALS
A. Retired Annuitant previously was employed by the City of Martinez, a California Public Employees’ Retirement System (CalPERS) employer, having previously served as the Martinez City Manager from 2016-2029; and
B. Retired Annuitant retired from public service effective February 2, 2019 and began collecting a retirement pension from the California Public Employees’ Retirement System (CalPERS); and C. The City will have a vacancy in the position of City Administrator beginning August 1, 2025, a regular position for which the City has already commenced steps to recruit a permanent appointment beginning in July 2025; and
D. The City has an immediate need for an employee to temporarily perform the position of Interim City Administrator, a position involving specialized skills and training, and which is critically necessary to the on-going duties and functions of the City; and E. Retired Annuitant has the necessary qualifications, experience, and abilities to assist City in the duties of leadership and management of the City; and F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement; and G. City desires to retain the services of Retired Annuitant in accordance with California Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict terms and conditions set out in this Agreement; and In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows:

AGREEMENT
Section 1. Term of Services
The term of this Agreement is from July 29, 2025 until such time as a regular ongoing replacement for the position of City Administrator has been selected and has commenced employment, unless terminated sooner as provided below.

Docusign Envelope ID: 4E8BD6ED-2275-44D0-B795-62C72E9ECE2C