Gilroy City Council
August 17, 2026

-3- 4900-0200-6616v6
ALF\04706277
certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

-1-
Proposals Due by: 2:00 pm, June 19, 2026
City of Gilroy
Public Works Department
Request for Proposals
After-Hours Park
Patrol Services
No. 26-RFP-PW-540

-2-
Request for Proposal
No. 26-RFP-PW-540
Notice is hereby given that the City of Gilroy at 7351 Rosanna Street, Gilroy, CA 95020-6197 is soliciting proposals from qualified firms to provide after-hours park patrol services as described in the Request for Proposal No. 26-RFP-PW-540. Submittals will be accepted by em ail to c arina.bak sa@c ityofgilroy .org up until 2:00 PM, PST, June 19, 2026. Proposals received after that time and date will not be considered. The City of Gilroy accepts no responsibility if delivery is made to another location other than the location specified above and/or delayed deliveries by your chosen carrier. An evaluation team will review submitted proposals and select the best qualified firm based on the evaluation criteria and selection process outlined in the RFP. The selected Contractor will then be recommended to the City Council for an agreement of three years, with up to two, one-year extensions possible.

A free electronic copy of the RFP can be obtained by going to the City of Gilroy website (www.cityofgilroy.org) located under the Business and Development Services menu and clicking on the Bid Opportunities link.

Consultants are responsible for checking the City’s website and acknowledging any addenda prior to submitting a proposal and may be considered non-responsive if their proposal does not reflect those addenda.

Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the Purchasing Coordinator at the address listed above and in accordance with the City purchasing policy located at https://www.cityofgilroy.org/792/Financial-Policies.

RespectfullyRequested,
Carina Baksa
Purchasing Coordinator

-3-
RFP No. 26-RFP-PW-540
Request for Proposals for After-Hours Park Patrol Services Table of Contents
NO. 26-RFP-PW-540............................................................................................................................................. 2 TABLE OF CONTENTS......................................................................................................................................... 3 I. Introduction............................................................................................................................................................ 4 II. Project Description................................................................................................................................................. 4 III. Issuing Office.......................................................................................................................................................... 4 IV. Anticipated RFP Schedule....................................................................................................................................... 5 V. Submission Date and Location ............................................................................................................................... 5 VI. Solicitation Documents and Changes (Addenda) ................................................................................................... 5 VII. Protests .................................................................................................................................................................. 5 VIII. Rejection of Proposals............................................................................................................................................ 6 IX. Modification / Withdrawal..................................................................................................................................... 6 X. Cancellation............................................................................................................................................................ 6 XI. Duration of Proposals............................................................................................................................................. 6 XII. Public Record.......................................................................................................................................................... 6 XIII. Incurring Costs........................................................................................................................................................ 6 XIV. Selection Process.................................................................................................................................................... 6 XV. Scope of Services ................................................................................................................................................... 6 XVI. City Responsibilities..............................................................................................................................................11 VIII. Proposal Contents................................................................................................................................................11 II. Proposal Evaluation Criteria and Scoring .............................................................................................................12 Proposal Submittal Checklist......................................................................................................................................................14 Attachment A – Contract Requirements Acknowledgement
Attachment B – Sample Agreement for Services
Attachment C – Wage Theft Prevention Policy Statement
Attachment D - Cost Proposal Form

-4-
I. Introduction
The City of Gilroy (“City”) is seeking proposals from qualified firms (“contractors”) to provide after-hours park patrol services within the City.

The City of Gilroy is a charter city located in southern Santa Clara County with a population of approximately 60,000. The City is a council-administrator form of government with the mayor elected at large for a four-year term and six City Councilmembers who are elected at large for four-year terms.

Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally incorporating in 1870. Since then, the City experienced several annexations and growth periods throughout the late 1900s and early 2000s.

Information regarding the City and its organization, such as governmental structure, services provided, the Current Operating and Capital Budgets, Annual Financial Reports, and the most recent Comprehensive Fee Schedule, is available on the City website at www.cityofgilroy.org II. Project Description
The purpose of this Request for Proposal (RFP) is to identify contractor(s) who can provide unarmed After-Hours Park Patrol Services. In 2015, the City of Gilroy began a pilot program to secure City parks using a private security company for five years. In 2025, the City of Gilroy entered into a one-year agreement to renew Park Patrol and Security Services. Security services under the pilot program included patrolling, ejecting after hours trespassers, and documenting graffiti, vandalism and patrol activity. The successful Contractor will be expected to enter into the City’s standard agreement included as an attachment to this solicitation.

III. Issuing Office
The Finance Department is the Issuing Office, and the Operations Division of the Public Works Department is the Project Manager for this Request for Proposals (RFP). Contact the Finance Office for all Process Questions and Protests.

Issuing Office
Finance
Carina Baksa
7351 Rosanna Street
Gilroy, CA 95020
[email protected]
Project Manager
Public Works
Bryan
Rodriguez
613 Old Gilroy St
Gilroy, CA 95020
[email protected]

-5-
IV. Anticipated RFP Schedule
The Public Works Department anticipates the following general timeline for this RFP and the schedule may change as necessary.

Issuance of RFP documents May 22, 2026
Deadline for RFP questions and comments June 1, 2026, at 2 pm Response to questions available on website June 8, 2026 Deadline for proposal submission June 19, 2026, at 2 pm Finalist Interviews/Presentations (if Needed) July 1, 2026 Notice of Intent to Award July 13, 2026
Consultants to sign contract and provide all required attachments July 29, 2026 Council award contract at regular city council meeting August 17, 2026 Park Patrol begins September 1, 2026
V. Submission Date and Location
Each responding Contractor must provide one electronic copy of their proposal in PDF format to [email protected] and [email protected]. The e-mail shall be entitled with the Contractor’s name and “After-Hours Park Patrol Services”. The proposals must be received by the City issuing office via e-mail by the Deadline for Proposal Submission, as defined above.

VI. Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed online from the City’s website at https://www.cityofgilroy.org/Bids.aspx or may be viewed onsite at the Issuing Office at the address listed above.

Proposals received from other sources will not be considered valid documents. Please contact the Issuing Office listed above with any problems viewing solicitation documents.

All questions regarding this solicitation shall be submitted in writing via e-mail. The questions will be researched, and the answers will be communicated to all known interested Contractors and posted on the City’s website after the deadline for receipt of questions.

Prospective Contractors shall not contact City officers or employees with questions or suggestions regarding this solicitation except through the primary contact person listed above. Any unauthorized contact may be considered undue pressure and cause for disqualification of the Contractor.

Contractors are responsible for checking the City’s website for the issuance of any addenda prior to submitting a proposal. The Contractor is held responsible for all addenda/changes to the documents and may be considered non-responsive if their proposal does not reflect those addenda/changes.

VII. Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the Issuing Office at the address listed above and accordance with the City purchasing policy. This policy may be found on the City’s website, located here:
https://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-Purchasing-Policy-.

-6-
VIII. Rejection of Proposals
The City reserves the right to reject any and all proposals submitted. The City also reserves the right to waive or not waive any informalities or irregularities in proposal responses.

IX. Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted; however, a contractor may withdraw their proposal at any time prior to the scheduled closing time for receipt of Proposals; any Contractor may withdraw his or her Proposal, either personally or by written request to the Issuing Office. Withdrawal of Proposal shall not disqualify the Contractor from submitting another Proposal provided the time for receipt of Proposals has not expired.

X. Cancellation
The City reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event shall the City have any liability for the cancellation of award.

XI. Duration of Proposals
Proposals must remain valid for at least 120 days. Proposals must be signed by an official authorized to bind the Contractor.

XII. Public Record
All proposals submitted are the property of the City and are public records. All documents received by the City are subject to public disclosure after a contract is executed.

XIII. Incurring Costs
The City is not liable for any cost incurred by Contractors prior to execution of a contract.

XIV. Selection Process
The City reserves the right to select the Contractor on the basis of the proposals or to conduct interviews with the highest qualified Contractor(s) following evaluation and scoring of the proposals, whichever is determined to best serve the needs of the City. The City reserves the right to seek clarifications on any or all proposals.

XV. Scope of Services

1. PURPOSE
Under the direction of the Public Works Department and Police Department, the Contractor shall provide afterhours security patrol services for City parks, trails, landscaped areas, and associated public facilities that are closed to the public.

Services shall include securing facilities, enforcing park closure hours, deterring unauthorized activity, documenting incidents, and coordinating with City staff as necessary.

-7-

2. SCOPE OF WORK
The Contractor shall provide comprehensive unarmed park patrol services, including but not limited to:

2.1 Closing & securing park facilities, including:
• Restrooms (checked for occupancy and locked)
• Parking lots (cleared of vehicles and unauthorized users) • Park gates (fully closed and locked)
• Pools and recreation facilities, as applicable
• Tennis Courts (checked for occupancy and locked)
• Handball Courts (cleared of unauthorized users)
• Dog Park (cleared of unauthorized users)
• Picnic areas (cleared of unauthorized users)
• Playgrounds (cleared of unauthorized users)

2.2 Ensuring all park patrons have exited facilities at designated closing times

2.3 Ejecting after-hours trespassers, including campers and unauthorized vehicles

2.4 Maintain and update the security procedures manual, commonly known as “Post Orders.”

2.5 Visiting sites throughout the City as directed by City staff

2.6 The Contractor shall provide two security guards with part time shifts between 10:00 PM to 2:00 AM.

3. PERFORMANCE VERIFICATION AND ACCOUNTABILITY

3.1 The Contractor shall physically verify and secure and reopen at all assigned facilities during each patrol.

3.2 All inspections shall be conducted through direct physical verification. Drive-by inspections are not acceptable.

3.3 Contractor shall ensure that all restrooms, gates, and parking areas are secured and reopened at each location.

4. GUARD TOUR / PATROL VERIFICATION SYSTEM

4.1 Contractor shall implement and maintain an electronic guard tour verification system.

4.2 The system shall include:
• GPS-based or RFID checkpoint tracking
• Pre-established checkpoints within each park, including:
o Restrooms
o Parking lots
o Tennis Courts
o Handball Courts
o Gates

-8-
o High-priority areas
o Dog park
o Picnic areas
o Playgrounds

4.3 All checkpoint activity shall be time-stamped and recorded.

4.4 Contractor shall provide access to guard tour data upon request.

5. PARK CLOSING PROCEDURES

5.1 Closing Procedures
• Closing Shift Start Time: 10:00 PM through 2:00 AM daily • Contractor shall begin closure operations at designated parks beginning 11:00 PM, including:
o Gilroy Sports Park
o Christmas Hill Park
o Christmas Hill Ranch Site
o Las Animas Veterans Park
o San Ysidro Park
o Additional assigned locations
• Contractor shall ensure:
o All patrons have exited
o Restrooms are secured
o Gates and facilities are locked

5.2 Schedule Adjustments
• The City reserves the right to modify park hours and patrol schedules at its discretion.

6. MINIMUM PATROL STANDARDS

6.1 Each primary park shall be visited at least three times per shift.

6.2 High-use parks (including but not limited to Sports Park, Las Animas Veterans Park, and Christmas Hill Park) shall receive multiple patrol checks per shift.

6.3 Patrols shall include both closure verification and follow-up inspections.

7. DAILY ACTIVITY REPORT (DAR) REQUIREMENTS

7.1 Contractor shall submit a Daily Activity Report (DAR) for each shift.

7.2 DAR shall include:
• Time-stamped log of each park visited
• Confirmation of:
o Restrooms secured
o Gates locked
o Parking lots cleared
• Documentation of:
o Trespassers and ejections

-9-
o Public interactions
o Vandalism or damage
o Maintenance or safety concerns (e.g., broken lights, broken locks, etc.)

7.3 Photo Documentation:
• Photos required for each primary park, including:
o Locked restrooms
o Secured gates
o Parking lot conditions
• All photos shall be time and date stamped

7.4 Submittal Deadline:
• DARs shall be submitted by 8:00 AM daily

7.5 Monthly Reporting
• Monthly reports are mandatory and shall be submitted to the city no later than the 5th business day of each month,
• Monthly reports shall contain the following:
o Patrol Metrics “measurable, verifiable data” (patrol hours, patrol visits, checkpoint verification, facility security actions, patrol coverage, response activity, enforcement activity) o Incident Summaries
o Response time performance
o Recommendations for service improvements
o Reports shall be data-driven and supported by guard tour system records and Daily Activity Reports.

8. COMMUNICATION REQUIREMENTS

8.1 Contractor shall check in with City Communications at the beginning and end of each shift by calling (408) 846-0350.

8.2 Contractor shall maintain communication capability at all times during patrol operations.

8.3 Contractor shall notify City staff of significant incidents requiring immediate attention.

8.4 Deal effectively and properly with disruptions in a respectful and tactful manner; proactively prevent disruptions.

9. DEFINITION OF SECURED FACILITY
A facility shall be considered secured only when all of the following conditions are met:
• All occupants have vacated the area
• All gates, doors, and access points are closed and locked • No unauthorized persons remain on site
• No visible hazards or active issues are present

10. PRIMARY PARK LOCATIONS
• Gilroy Sports Park 5925 Monterey Frontage
o One (1) Restroom

-10-
o One (1) Gate
o Parking Lot
o Playground, Baseball, and Soccer Facilities
• Christmas Hill Park (CHP) 7050 Miller Ave.
o Three (3) Restrooms
o One (1) Gates
o Parking Lot
o Baseball, Playground, Picnic Reservations areas, and Amphitheater Facilities • CHP Ranch Site 7049 Miller Ave.
o One (1) Gate
o Parking Lot
o Baseball and Soccer Facilities
• Las Animas Veterans Park 400 Mantelli Dr.
o Three (3) Restrooms
o Two (2) Gates
o Two (2) Parking lots, up to four (4) Parking Lots
o Tennis Courts, Baseball, Basketball, Handball, Skateboarding, Dog Park, Pickleball (future), Two (2) Playground facilities
• San Ysidro Park 7700 Murray Ave.
o One (1) Restroom
o Handball Courts, Picnic areas, Two (2) Playground facilities

11. TRAILS AND FACILITIES PATROL (AS NEEDED)
• City Hall & Civic Center
• Miller Park 7851 Carmel St.
• Farrel Ave. Park Site
• Lions Creek Class I Trail
• Christopher High School Aquatic Facilities
• Gateway Park
• Santa Teresa Blvd Class I Bike Trail
• Luchessa Ave. @ Thomas Rd. Traffic Circle
• Vilagio Class I Bike Trail
• Uvas Creek Class I Trail
• Solarsano Gym
• Glen Loma Specific Plan Park Site #2
• Uvas Creek Preserve Staging & Park Site
• CFD Sites
• Uvas Creek Levee- Hecker Pass Class I Trail
• Downtown Street Scape
• Interim Center for the Arts
• Willey Cultural Center & Museum
• Senior Center, Wheeler Community Center, Library
• El Roble Park 7550 Wren Ave.
• Hecker Pass Park and Dog Park 1500 Third St.
• Del Rey Park 9001 Calle Del Rey
• Carriage Hill Park 1701 Crest Hill Way
• Renz Park 8140 Hanna St.
• Sunrise Park 9525 Saddler Dr.
• Los Arroyos Park 801 Moro Dr.

-11-
• Sunrise Park 9525 Saddler Dr.
• Rainbow Park 780 Mantelli Dr.
• Forrest Street Park 7325 Forrest St.
• Cydney Casper Park 985 Charles Lux Dr

12. STAFFING AND OPERATIONAL REQUIREMENTS

12.1 Patrol shifts shall not exceed four (4) hours per night or twenty-eight (28) hours per week per security guard without prior written City approval.

12.2 Location of guard tour patrols and frequency of patrols will be agreed upon by the Contractor and City.

12.3 Patrol hours begin upon arrival in Gilroy and check-in with City Communications.

12.4 All personnel shall:
• Be licensed private patrol operator by the California Department of Consumer Affairs, Bureau of Security and Investigative Services (BSIS)
• Possess a valid California Driver License Class C

12.5 Contractor shall provide personnel credentials within two (2) business days upon request.

12.6 Personnel shall be equipped with appropriate personal protective equipment (PPE) for nighttime operations and expected services to be provided as indicated in this RFP.

12.7 Vendor will work cooperatively with Gilroy Police Department to develop protocols for employees to take action required to handle incidents on City property.

XVI. City Responsibilities
A. Gilroy Public Works Parks and Landscaping division will review Daily Activity Reports B. Gilroy Police Department provide assistance and support of ejecting unauthorized afterhours trespassers.

VIII. Proposal Contents
The proposal package shall be organized to include the following sections. Each proposal shall have the sections identified below as separate sections in the proposal document. The contents for each section are listed below and each section must be presented in order as listed below. Contractors shall be responsible for preparing an effective and clear proposal. Concise proposals without needless duplication are encouraged.

The proposal must contain at a minimum the following information:

1. Letter of Interest: Please include a letter expressing the Contractor’s interest in being considered for the project. Include a statement regarding the Contractor’s availability to dedicate time, personnel, and resources to this effort. The letter must be signed by an

-12-
individual that has authority to bind the organization to the agreement and certifies that the statements in the proposal are true and correct. The following information must be included in the letter:
a. The name, address and phone number of the contractor’s contact person for the remainder of the selection process.
b. Provide a brief statement indicating overall understanding of the contract scope of services.

Include a proposed schedule with estimated times.
c. Describe how your company will make available the patrol vehicle and equipment and supplies needed to perform all of your work. How many security patrol staff will be assigned to this project? Where will you be based and store patrol vehicles and equipment? d. Describe your companies experience and capabilities to provide daily patrol reports and photos. Please provide an example of your firm’s capability to track monthly park contracts and incident data with Park Patrol Program comments, determination, and recommendations for City review.

2. Firm Qualifications. Provide the following:
a. A listing of proposed project personnel, including personal experiences and individual resumes for prime contractors and sub-contractors.
b. Contractor’s and sub-contractor experience with similar work, including names and current phone numbers of at least three (3) references for existing and past clients.

Government references are preferred and will be considered more favorably, but private party references are acceptable.
c. Reference list of three (3) park patrol and security services performed by the firm.

Describe the relevant scope of work, contract amount, the equipment used, and number of personnel.

3. Daily Activity Report and Monthly Summary Report: Provide the following:
a. Attach a sample daily activity report document with text and photographs, outlining patrol activities, vandalism, ejections and other after-hour problems. b. Attach a sample monthly summary report outlining patrol trends, incidents, and recommendations for improved park security. These reports should include data on vandalism, trespassing, and any other recurring issues, with photos and written documentation of all incidents.

4. Conflict of Interest Statement: The proposers shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090.

5. Comments on or Requested Changes to Contract: The City’s standard professional services contract is included as Attachment A to this Request for Proposals. The proposer shall identify any objections to and/or request changes to the standard contract language in this section. If no objections or changes are requested, then a statement shall be included attesting to that fact.

6. Cost Proposal Form (Attachment D)
II. Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate and score the proposals.

A. Demonstration of exceptional ability to provide a high level of quality service and standards under similar conditions to institutions, private or public of similar size and area requirements.

-13-
B. Policies that provide highly trained and competent staff at every level of the organization.

C. All professional resources necessary to complete the tasks required according to specified time frames and high expectations for quality service.

D. Well organized communication systems and reporting capabilities that demonstrate an ability to complete tasks efficiently and effectively and exceed the needs of the City to supervise the contract.

E. Demonstration of a high level of stability and long-term high-quality performance of the Contractor.

F. Quality and performance assessments of work quality and working relationships with current and recent clients that indicate high levels of satisfaction and effectiveness.

G. Ability of the contractor to provide innovative approaches and techniques in the delivery of services and partnering with the City to reach high quality outcomes.

H. Discussion of how the firm screens employees for security and criminal background, and driver safety record.

I. Discussion of how firm intends to provide personnel resources and or security patrol equipment.

J. Discussion of how the form proposes to provide daily park patrol security services including weekends and holidays.

K. Submittal thoroughness and conformity of the proposal package and quality of Park Patrol Security Services proposed.

Based on the number and quality of responses, Contractors may be asked to continue to the interview/presentation step in the process. Each proposal may receive a maximum of 100 points.

Selection will not be based on the lowest priced proposal, but will be based on the following criteria:

Scoring Criteria POINTS
Cost of Services 25
Thoroughness and understanding of scope of services. 20 Responsiveness, adherence to the requirements, quality, and completeness of the Proposal. 15 Relevant Experience to perform the services requested in the RFP for Park Patrol Services 30 Review of references/previous clients 10
TOTAL 100

-14-
Proposal Submittal Checklist
After-Hours Park Patrol Services
RFP No. 26-RFP-PW-540
The following documents/information must be filled out and/or included in the submittal in order to be considered for the project:
☐ The submittal shall include a signed statement (Attachment A) indicating that the contractor has read, understands, and agrees to the requirements and terms of the same agreement (Attachment B), including insurance and indemnification requirements. Any requested changes to the City’s Standard Agreement must be submitted with the proposal and will be evaluated as part of the proposal. Requested changes to the Agreement will be considered during the selection process and significant changes may influence the City’s selection. ☐ The submittal shall include a completed Wage Theft Prevention Policy Statement (Attachment C).
☐ Attach copy of at least one of the following documents: Injury and Illness Prevention Plan (IIPP), Code of Safe Practices, or other applicable safety related plans, documents or policies ☐ A sample Daily Activity Report and sample Monthly Summary Report. ☐ The submittal shall include a signed and completed Cost Proposal Form (Attachment D). ☐ Submit questions or comments regarding the Request for Proposals via email by 2:00 PM, Tuesday, June 1, 2026, to [email protected] and [email protected].
☐ The submittal shall include the proposal and shall be sent via email to [email protected] and [email protected] by 2:00 PM, Friday, June 19, 2026. 2:00 PM.

-15-
ATTACHMENT A – CONTRACT REQUIREMENTS

ACKNOWLEDGEMENT
I, , declare as follows:

That I am the , of ,
(Title) (Company)
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 , 2026
By
Title:

-16-
ATTACHMENT B – SAMPLE AGREEMENT FOR SERVICES
This sample agreement is current as of the date of this Request for Proposal but is subject to change at the City’s discretion. Left blank intentionally.

-1- 4851-9718-0697v1
LAC\04706083

AGREEMENT FOR SERVICES
(For contracts of $5,000 or less – NON-DESIGN OR NON-ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this day of , 20 , between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: , having a principal place of business at .

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

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

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

ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” within the time periods described therein.

Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the abovedescribed services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR’S services.

-2- 4851-9718-0697v1
LAC\04706083
Employment of Assistants
CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

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

ARTICLE 4. COMPENSATION
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR as provided for in Exhibit “B”, “Payment Schedule”.

Invoices
CONTRACTOR shall submit invoices for all services rendered.

Payment
Payment shall be due within thirty (30) days after receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY.

-3- 4851-9718-0697v1
LAC\04706083
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.

Licenses
CONTRACTOR shall possess a State of California Contractor’s license in the appropriate category for performing services under this Agreement. CONTRACTOR shall obtain a City of Gilroy Business License.

Workers’ Compensation
CONTRACTOR agrees to provides workers’ compensation insurance for CONTRACTOR’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’S employees.

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

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

-4- 4851-9718-0697v1
LAC\04706083
thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

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

State and Federal Taxes
As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
*CITY will not withhold FICA (Social Security) from CONTRACTOR’S payments; *CITY will not make state or federal unemployment insurance contributions on CONTRACTOR’S behalf;
*CITY will not withhold state or federal income tax from payment to CONTRACTOR; *CITY will not make disability insurance contributions on behalf of CONTRACTOR; *CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR.

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

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

ARTICLE 7. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the occurrence of any of the following events:

1. Bankruptcy or insolvency of either party;

-5- 4851-9718-0697v1
LAC\04706083

2. Sale of the business of either party;

3. Death of either party.

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

1. Not performing any of its services professionally and/or timely.

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

CONTRACTOR shall be entitled to payment only for work satisfactorily completed 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 “B” which have been fully, competently and timely rendered by CONTRACTOR.

Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement.

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

Transition After Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONTRACTOR’S assumption of duties.

-6- 4851-9718-0697v1
LAC\04706083
ARTICLE 8. GENERAL PROVISIONS
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 a party at the address appearing below such party’s signature below, 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.

Entire Agreement of the Parties
This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

Any modification of this Agreement will be effective only if it is in writing signed by both parties.

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.

Americans With Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR 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. The Contractor shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.

-7- 4851-9718-0697v1
LAC\04706083
Compliance With Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin or ancestry of any employee, applicant for employment, or any potential subcontractor.

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.

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 or 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.

-8- 4851-9718-0697v1
LAC\04706083
Executed at Gilroy, California, on the date and year first above written.

CONTRACTOR: CITY:

CITY OF GILROY
By: By:
(Print Name) (Print Name)
Address for Notices: Address for Notices:
7351 Rosanna Street
Gilroy, CA 95020
Attn: City Administrator
Social Security or Taxpayer
Identification Number:

Approved as to Form:
_________________________________
City Attorney
Attest:
_____________________________________
By:

Title:

-9- 4851-9718-0697v1
LAC\04706083
EXHIBIT “A”
I. SCOPE OF SERVICES
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence services upon delivery to CONTRACTOR of written Notice to Proceed.

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

III. SCHEDULE
IV. DIRECT EXPENSES
Direct expenses are charges and fees not included in the Scope of Services described above. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.

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

III. GENERAL PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’S representations and

-10- 4851-9718-0697v1
LAC\04706083
warranties regarding its skills, qualifications and licenses. CONTRACTOR 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.

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

C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
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 CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement.

CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’S request.

D. NO PLEDGING OF CITY'S CREDIT.

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

E. OWNERSHIP OF MATERIAL.

All material (including information developed on computer(s)) prepared (or caused to be prepared) under this Agreement shall be the property of CITY.

F. 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.

G. WAIVER.

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

Type text here Page 471 of 645
-11- 4851-9718-0697v1
LAC\04706083
H. AMENDMENTS.

No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto.

I. CONFLICT OF INTEREST.

CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

J. CAPTIONS.

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

-12- 4851-9718-0697v1
LAC\04706083
EXHIBIT “B”

PAYMENT SCHEDULE

-17-
ATTACHMENT C – Wage Theft Prevention Policy
This statement is current as of the date of this Request for Proposal but is subject to change at the City’s discretion.

Wage Theft Prevention Policy Statement
It is the policy of the City that all parties contracting with the City must comply with all applicable federal, state and local wage and hour laws including but not limited to the Federal Fair Labor Standards Act (“FLSA”) and the California Labor Code. Suitable language regarding this requirement should be in all contracts.

1. Disclosure. As a part of any City solicitation for goods and/or services, including public works projects, contractor shall complete a “Bid Certification” (“Certification”) that requires each potential contractor to disclose whether the contractor has been found by a court or final administrative action of an investigatory government agency to have violated federal, state, or local wage and hour laws within the past five (5) years from the date of the submitted bid or proposal.

2. Disqualification. The City MAY disqualify a potential contractor based on the disclosed violation.

3. Contract Termination. A current contractor found by a court or by final administrative action of an investigatory government agency to have violated applicable wage and hour laws, in the five (5) years prior to or during the term of the contract with the City, may be in material breach of its contract with the City if the violation is not fully disclosed and/or satisfied per City contract requirements. Such breach may serve as a basis for contract termination and/or any other remedies available under law, including a stipulated remediation plan.

I, _________________________, certify that (Business Name) _________________________________ ☐Has ☐ Has Not been found by a court or by final administrative action of an investigatory government agency to have violated applicable wage and hour laws on more than one (1) occasion or has one (1) unpaid wage judgment.

For each disclosed violation, please provide a copy of (i) the court order and judgment and/or final administrative decision; and (ii) documents demonstrating either that the order/judgment has been satisfied, or if the order/judgment has not been fully satisfied, a written and signed description of potential contractor’s efforts to date to satisfy the order/judgment. The completed Certification shall be submitted by the potential contractor to the City as a part of its bid or proposal.

Signature and Date: _________________________________________________________________

ATTACHMENT D – Cost Proposal Form
Proposer must complete the Cost Proposal requirements in its entirety to be considered responsive to RFP.

Company Name: _______________________________________
Service Rate
Regular Rate $
Overtime Rate $
Holiday Rate $
Rate for one (1) Security Officer and Patrol
Car with a minimum of three (3) site visits
per four (4) hour shift
$
________________________________________ ____________________________________________ Signature Print Name
________________________________________
Date

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR FISCAL YEAR 2026-27 AND APPROPRIATING PROPOSED

EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Year 2026 and 2027, and the City Council carefully examined, considered and adopted the same on June 2, 2025; and
WHEREAS, the City Administrator proposes amending the Fiscal Year 2026-27 budget to reappropriate $16,489 from org and object 1005510-51630 to org and object 6156500-51630; and WHEREAS, the City Administrator proposes amending the Fiscal Year 2027 budget to increase in appropriation of $76,256 in org and object 6156500-51630; and WHEREAS, City Staff has prepared and submitted to the City Council proposed budget amendments to said budget for the City of Gilroy and the City Council has carefully examined and considered the same and is satisfied with said budget amendments.

NOW, THEREFORE, BE IT RESOLVED it is hereby ordered that said proposed budget amendments for Fiscal Year 2027 are approved.

PASSED AND ADOPTED this 17th day of August 2026 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. 2026-XX
Resolution Amending the Budget for Fiscal Years 2026 and 2027 City Council Regular Meeting | August 17, 2026

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2026-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 Council held on Monday, Date, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Tuesday, XXXXX
____________________________________
Kim Mancera
City Clerk of the City of Gilroy

RESPO N DIN G WITH PREC ISIO N AN D IN N O VATIO N :

RFP N O . 26 - RFP- PW- 5 4 0 AFTER- HO URS

PARK PATRO L SERVIC ES

YO UR SAFETY IS IN C APABLE HAN DS WITH US

WHAT EXPERIEN C E DO ES YO UR C O MPAN Y HAVE

PRO VIDIN G SEC URITY SERVIC ES FO R PUBLIC

PARKS O R SIMILAR MUN IC IPAL FAC ILITIES O F
C O MPARABLE SIZE AN D C O MPLEXITY?

• San Diego Public Works
• Old Town San Diego
• Hollister
• Salinas
Parks & Public Works
• Santa Clara Courthouse
• County of Orange
• Alameda County.

County & Judicial
• Monterey Salinas Transit
• City of Coachella
• City of Bakersfield
Transit & Municipalities
Citiguard has a rich history of securing comparable public facilities, transit systems, and county infrastructures with dedicated lock-ups and active patrols.

SUBSTANTIAL PUBLIC & TRANSIT PORTFOLIO
We deliver comprehensive facility security for
courthouses, transit centers, schools, and
public works sites of all sizes.

We safeguard public spaces including parks,
old town districts, and community areas
through active monitoring and rapid response.

We provide professional lock -up services for
municipal facilities, parks, and public spaces,
ensuring secure closure at end of day.

Lock-Up Services Facility Security
We conduct regular foot and vehicle patrols
across public parks and municipal facilities to
deter incidents and maintain order.

Security Patrols Public Space Protection

PLEASE DESC RIBE YO UR O VERALL APPRO AC H TO

PRO VIDIN G AFTER- HO URS PARK PATRO L
SERVIC ES TO THE C ITY O F G ILRO Y.

OUR APPROACH TO AFTER-HOURS PARK PATROL
SINGLE POINT OF CONTACT — WE MAKE IT EASY TO REACH US ANYTIME, DAY OR NIGHT.

Optimized patrol
routes designed to
cover all locations
efficiently within
the after-hours
window.

SCHEDULED
ROUTE

PLANNING
Detailed post orders
created for each site
outlining patrol
routes, check-in
times, and
escalation protocols.

CUSTOM

POST ORDERS
We walk through
each park location
to understand lockup expectations,
access points, and
specific procedures.

SITE-BY-SITE

ASSESSMENT
A single point of
contact assigned
to your account for
seamless
communication
and accountability.

DEDICATED

ACCOUNT MANAGER

DESC RIBE YO UR PRO C ESS FO R DEVELO PIN G ,

IMPLEMEN TIN G , AN D UPDATIN G PO ST
O RDERS. HO W DO YO U EN SURE C O N SISTEN T

C O MPLIAN C E AC RO SS SHIFTS AN D
PERSO N N EL?

1 2
3 4
5 POST ORDERS: DEVELOPMENT & COMPLIANCE

DAY-ONE SITE WALK
Post orders begin at the initial walkthrough
with your team.

HARD COPY IN VEHICLES
Every patrol vehicle carries a printed
copy for immediate reference.

DIGITAL VIA CITITRAC
All officers access post orders digitally
through our live reporting app.

REAL-TIME POST ORDER MANAGEMENT
Clients can update site instructions in
real time, with officers receiving instant
notifications through CitiTrac.

DAILY REVIEW
Account managers review all data daily
to ensure compliance.

WHAT Q UALITY C O N TRO L AN D SUPERVISO RY

MEASURES DO YO U USE TO EN SURE C O N TRAC T

C O MPLIAN C E AN D C O N SISTEN T SERVIC E DELIVERY
IN THE FIELD?

QUALITY CONTROL & SUPERVISION
How we ensure contract compliance and consistent service delivery 24/7 DISPATCH MONITORING
Our round-the-clock dispatch team monitors all
reports in real time and ensures full compliance
through our CitiTrac reporting application —
which we give you direct access to.

TRACKCAM ROUTE AUDITING
We audit every patrol route for efficiency using
our TrackCam system. It not only verifies route
compliance but leverages AI technology to
identify improvements and optimize coverage.

DAILY ACCOUNT REVIEW
All gathered data is reviewed daily by your
dedicated Contract Manager, driving continuous
improvement and ensuring service standards
never slip.

REAL-TIME VISIBILITY · AI-POWERED EFFICIENCY · DAILY ACCOUNTABILITY

WHAT SYSTEMS DO YO U USE FO R

REPO RTIN G , PATRO L VERIFIC ITIO N , AN D

DO C UMEN TATIO N O F IN C IDEN TS, AN D HO W
ARE REPO RTS SHARED WITH THE C ITY?

GEOFENCED · REAL-TIME · FULL TRANSPARENCY
01 02
03 REPORTING & DOCUMENTATION
How reports are created, verified, and shared with the City

CITITRAC REPORTING SYSTEM
All reporting runs through CitiTrac — our
geofenced, geotagged, real-time platform.

Daily Activity Reports and Incident Reports
are all logged here with full location and
time verification.

DIRECT CITY ACCESS
We provide daily logs and full credentials so
you can verify activity at any time. You have
the same visibility into operations as our
internal team.

INSTANT INCIDENT ALERTS
You are set up to receive incident reports
the moment they are completed — written
documentation in addition to the direct
calls you receive from our team in the event
of a major problem.

WHAT IS YO UR PRO TO C O L FO R RESPO N DIN G TO

IN C IDEN TS SUC H AS TRESPASSIN G , VAN DALISM,

EN C AMPMEN TS, O R SAFETY HAZARDS IN
PARKS? WHAT IS YO UR STAN DARD PRO TO C O L

FO R C O O RDIN ATIN G WITH LAW
EN FO RC EMEN T?

INCIDENT ESCALATION PROTOCOL
How we respond to trespassing, vandalism, encampments, and safety hazards ENGAGE · DOCUMENT · COORDINATE · RECORD
Every interaction,
outcome, and
escalation is
documented for
complete
transparency and
accountability.

FULL

DOCUMENTATION
Build relationship
with PD and
coordinate so they
can assist when
situations exceed
our capacity.

LAW

ENFORCEMENT

COORDINATION
Report vandalism
and safety hazards
through CitiTrac
app and directly to
city contact in real
time.

DOCUMENT
& REPORT
Build rapport with
the community.

Move along
trespassers and
connect
individuals with
local resources.

COMMUNITY

ENGAGEMENT

HO W DO YO U EN SURE STAFFIN G C O N TIN UITY,

MIN IMIZE TURN O VER, AN D MAIN TAIN

C O N SISTEN T ASSIG N MEN T O F O FFIC ERS TO A
C O N TRAC T AREA?

STAFFING CONTINUITY
How we minimize turnover and maintain consistent officer assignment

OUR APPROACH
We hire career-based officers — most are
former police or military. We minimize
turnover by offering competitive pay and
benefits.

CAREER ADVANCEMENT & RETENTION
Promotion pathways from officer
to supervisor, account manager,
and operations leadership
Ongoing certifications and
specialized training funded by
Citiguard
Performance-based pay
increases and annual bonus
opportunities
Benefits package including
health, dental, and retirement
plans for long-term retention
CAREER OFFICERS · COMPETITIVE PAY · LONG-TERM PLACEMENT

WHERE IS YO UR C O MPAN Y BASED O UT O F, AN D

WHERE ARE PATRO L VEHIC LES

TYPIC ALLY/ PLAN N ED TO BE STAG ED O R
STO RED?

STATEWIDE COVERAGE
Corporate HQ in Los Angeles · Closest office: Morgan Hill · Regional office: San Jose Los Angeles
5550 Topanga Canyon #310
Woodland Hills, CA 91367
Morgan Hill (District)
17500 Depot St,
Morgan Hill, CA 95037
San Jose (Regional)
1650 Las Plumas Ave
San Jose, CA 95133
Oakland
1721 Broadway Suite 201
Oakland CA 94612
Sacramento
2045 Hallmark Dr #6
Sacramento CA 95825
Fresno
83 E Shaw Ave
Fresno CA 93710
Bakersfield
1019 Stine Rd
Bakersfield CA 93309
Irvine
2372 Morse Ave
Irvine CA 92614
Redding
2039 Pine St
Redding CA 96001
Oroville
2445 Oro Dam Blvd E #36
Oroville CA 95966
Rancho Cucamonga
9613 Arrow Rt #3 L
Rancho Cucamonga CA
91730
San Diego
7860 Mission Center
Court #109
San Diego CA 92108

WHAT TRAIN IN G DO YO UR O FFIC ERS
REC EIVE RELATED TO PUBLIC SPAC ES, DEESC ALATIO N , AN D IN TERAC TIO N S WITH

PARK USERS AN D UN HO USED

IN DIVIDUALS AN D O THER VULN ERABLE
PO PULATIO N S?

OFFICER TRAINING & CERTIFICATIONS
Comprehensive training programs ensuring professional, safe interactions in public spaces De-Escalation Training
Verbal, physical & behavioral strategies to
calm volatile situations with a respectful,
prevention-based approach
Client Relations & Service
Professionalism, communication, conflict
resolution, and client loyalty focused
training
Emergency Preparedness
Active Shooters · HazMat · Crowd
Control & Evacuation ·
Antiterrorism Response
Legal & Regulatory
Initial testing + ongoing updates on
federal/state laws (CALSAGA standards)
Security Patrol Procedures
Best practices on patrol routes,
observations, and reporting
Report Writing Training
Officers trained in clear, accurate incident
documentation — narrative structure, legal
terminology, and evidence-based
reporting standards
Medical Training & CPR
First aid, CPR, and emergency
response protocols for immediate
on-site support
TRAINED · CERTIFIED · COMPLIANT · READY
Certification Compliance
BSIS Guard Card
PR-24 Baton
Pepper Spray Permit
PC-832 Arrest & Firearms

HO W DO YO U DEFIN E AN D MEASURE

C O N TRAC T PERFO RMAN C E, AN D WHAT STEPS

DO YO U TAKE WHEN SERVIC E LEVELS ARE
N O T BEIN G MET?

CONTRACT PERFORMANCE & KPIs
Data-driven metrics measured daily to ensure service levels exceed expectations

HOW WE MEASURE
Baseline
Assessment
→
Daily Metric
Tracking
→
Crime Report
Comparison
→
Seasonal
Adjustment
→
Performance
Review

METRICS TRACKED
◆ Vandalism incidents per week
◆ Trespassing events logged
◆ Response time to calls
◆ Patrol coverage completion %
◆ Homeless encampment activity
◆ After-hours breach attempts
◆ Seasonal crime correlation
◆ Client satisfaction scores

WHEN SERVICE LEVELS ARE NOT MET
Immediate supervisor notification & incident review
Root cause analysis within 24 hours
Corrective action plan with measurable targets
Increased patrol frequency or staffing adjustment
Weekly follow-up reporting until resolved
MEASURED · MONITORED · MANAGED
VANDALISM TREND — COACHELLA PARKS & REC

HO W DO YO U APPRO AC H C O MMUN IC ATIO N

WITH C ITY STAFF TO EN SURE SERVIC ES ARE

BEIN G PRO VIDED IN A MAN N ER C O N SISTEN T
WITH THE C O N TRAC T?

COMMUNICATION WITH CITY STAFF
Open 24/7 — structured meetings that adapt as services stabilize 24/7 AVAILABILITY — CALL ANYTIME, RESPOND IMMEDIATELY

MEETING CADENCE EVOLUTION
WEEKLY
Initial phase — review metrics,
identify issues, align on
priorities
→

MONTHLY
Services stabilizing — deeper
analysis, trend review,
adjustments
→

QUARTERLY
Mature operations — strategic
review, long-term planning

WHAT WE COVER IN MEETINGS
◆ Review KPI metrics & incident data
◆ Identify upticks or seasonal patterns
◆ Compare against area crime reports
◆ Discuss service improvements
◆ Adjust patrol schedules & staffing
◆ Plan for upcoming events or risks

COMMUNICATION CHANNELS
Phone
24/7 direct line
Email
Reports & follow-ups
Reports
Daily/weekly
summaries
In-Person
Scheduled meetings
"The more data we gather, the better we can see how things are doing." ACCESSIBLE · TRANSPARENT · ADAPTIVE

DURIN G SHIFTS AN D AFTER HO URS, AN D

WHAT IS YO UR ESC ALATIO N PRO C ESS FO R
URG EN T ISSUES?

SHIFT & AFTER-HOURS ESCALATION

HOW URGENT ISSUES ARE ESCALATED DURING AND AFTER SHIFTS

OFFICER

DETECTS ISSUE

CONTACTS

DISPATCH

CITITRAC

DOCUMENTATION

RESOLUTION
& FOLLOW-UP
Officer identifies
urgent situation —
trespassing,
vandalism, safety
hazard, or
suspicious activity
on site.

Officer
immediately
radios dispatch
and their account
manager.

Escalation begins
in real time.

Every incident is
logged —
timestamped,
officer identified,
narrative details,
photos, and
actions taken.

Issue resolved or
escalated to law
enforcement. City
staff notified with
full
documentation.

DETECT · DISPATCH · DOCUMENT · RESOLVE

YO UR SAFETY IS IN C APABLE HAN DS

WITH C ITIG UARD
QUESTIONS ARE WELCOME!

PLEASE FEEL FREE TO ASK ABOUT OUR SERVICES,

PROCEDURES, OR ANYTHING ELSE YOU'D LIKE
CLARIFICATION ON.

7.3. City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Professional Services Agreement to KTU&A for Preparation of a New Parks and Recreational Trails Master Plan in an Amount Not to Exceed $310,000
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Bryan Rodriguez, Management Analyst Trainee STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services Maintain and Improve City Infrastructure

RECOMMENDATION

1. Award a professional services agreement to KTU&A in an amount not to exceed $310,000 for preparation of a new Parks and Recreational Trails Master Plan; and

2. Authorize the City Administrator to finalize and execute the agreement and associated documents necessary to implement the project within the approved project budget.

EXECUTIVE SUMMARY
The City's Parks Master Plan was adopted in 2002 and last updated in 2004, and the Trails Master Plan was adopted in 2005. These plans no longer fully reflect the City's growth, expansion of parks and recreational trails, evolving recreation trends, aging infrastructure, or current community priorities. The City Council previously identified an update of the Parks Master Plan as a priority and authorized a total project budget of $310,000 for preparation of a combined Parks and Recreational Trails Master Plan.

On May 14, 2026, the City released Request for Proposals (RFP) No. 26-RFP-PW-538.

7.3. Six proposals were received and evaluated. KTU&A received the highest proposal score, and following interviews with the top-ranked firms, staff recommends awarding the professional services agreement to KTU&A.

BACKGROUND
The Parks Master Plan serves multiple purposes, including being the first level implementation tool of the adopted General Plan. An update of the Parks Master Plan was identified in 2023 as a community need and incorporated a Project in the City’s FY24 to FY28 Five-Year Capital Improvement Plan (CIP). The Project is currently designated as unfunded in the CIP and not included in the adopted FY26 or FY27 Capital Budget.

The Trails Master Plan addresses local bicycle and pedestrian recreational trails, multiuse trails, footpaths and hiking trails, and connections to the regional trail network.

Since adoption, the City's recreational trail system has expanded through development and regional partnerships. Because "recreational trails" function as linear recreational facilities and frequently connect parks and open spaces, the Parks and Recreation Commission recommended that recreational trails be incorporated into the Parks Master Plan update to create one comprehensive planning document.

The Parks and Recreation Commission included the update of the Parks Master Plan in its FY 26 and FY 27 work program, which was presented to the City Council.

The Parks and Recreation Commission included the Parks Master Plan update in its FY26 and FY27 work program and identified the effort as a priority.

On June 2, 2025, the City Council adopted the FY26/FY 27 biennial budget as well as the City Council Work Plan. Although the adopted budget did not initially include funding for the Master Plan update, the Work Plan identified the project as a Council priority and Council indicated a willingness to consider funding once an appropriate source was identified. The City Council indicated a willingness to consider funding of the Parks Master Plan update in FY26 or FY27, subject to identification of funding. In October 2025, Council received information regarding available year-end fund balance that could be directed toward the project.

In January 2026, staff returned to the City Council with a formal funding request and direction on how to proceed. Council authorized a total project budget of $310,000. The project is funded from the newly established Capital Infrastructure Reserve Fund. The Capital Budget was amended to incorporate the new funding. The $310,000 budget was sought to meet anticipated standard consultant services as well as enhanced community outreach.

ANALYSIS

7.3. RFP No. 26-RFP-PW-538 was released on May 14, 2026 and publicly advertised, including posting through the City's Bid Opportunities webpage. The City received six responsive proposals. Public Works, Administration, and Planning staff evaluated the proposals using the five criteria established in the RFP: understanding and methodology, project components/timeline/deliverables, qualifications and experience of key staff, references and past project samples, and cost proposal. The resulting scores are shown below.

Rank Company Name Score
1 KTU&A 93
2 RJM Design Group 89
3 BluePoint Planning 88
4 Conservation Technix, Inc. 88
5 RHAA Landscape Architecture
and Planning
83 6 Gates Studio 64
KTU&A received the highest overall proposal score at 93 points. In addition to City staff, two Parks and Recreation Commissioners participated in interviews with the top three firms. Based on the written proposal, interview, project approach, team qualifications, relevant experience, and cost, the interview panel recommends KTU&A as the best-qualified firm to complete the work.

The proposed Parks and Recreational Master Plan includes the following tasks:

7.3. The scope also includes the environmental review necessary for the Master Plan under the California Environmental Quality Act (CEQA), including preparation through the level identified in the RFP. The completed Plan is intended to guide investment, maintenance, replacement, and development of parks and recreational trails over an approximately 15-year planning horizon (linked to 2040 General Plan).

The City is also working with PROS Consulting on a separate Recreation Division Assessment, with KTU&A serving as a subconsultant on that effort. The Recreation Division Assessment is focused primarily on recreation programming, operations, staffing, finances, and service delivery, while the Parks and Recreational Trails Master Plan is focused on physical park and trail assets, long-range system needs, capital priorities, and implementation. The two projects were procured separately and will remain separate in contract administration, project management, governance, scope, and deliverables. The Recreation Division Assessment will continue to be managed by the City Administrator's Office and Recreation Division, while the Parks and Recreational Trails Master Plan will be managed by the Public Works Department.

KTU&A's familiarity with the City's parks and recreation system may provide useful context, but the work products and decision-making processes for the two projects will remain independent.

KTU&A's proposed schedule anticipates completing the Parks and Recreational Trails Master Plan in approximately 15 months following project initiation. This schedule is

7.3. consistent with the City's RFP requirement that the Plan be completed and adopted by the City Council within an 18-month timeframe.

ALTERNATIVES

1. Do not award the agreement. The City Council could decline to award the agreement and leave the previously authorized project funding in the Capital Infrastructure Reserve Fund. This would delay the Master Plan update and require the City to continue relying on parks and trails planning documents that are more than 20 years old. Staff does not recommend this alternative.

2. Reject the proposals and direct staff to revise the scope and re-solicit the project.

This alternative would allow Council to make substantial changes to the scope before a new procurement, but would delay the project, require additional staff time, and provide no assurance of a lower cost or better-qualified consultant team. Staff does not recommend this alternative because the competitive RFP process resulted in six proposals and identified KTU&A as the highest-ranked firm.

FISCAL IMPACT/FUNDING SOURCE
City Council previously authorized a total project budget of $310,000 from the Capital Infrastructure Reserve Fund (Fund 401) for preparation of the Parks and Recreational Trails Master Plan. The proposed professional services agreement with KTU&A is for an amount not to exceed $310,000 and will be funded from the previously authorized project budget.

No additional appropriation is requested as part of this action. Any project funds remaining after completion of the work will remain in the Capital Infrastructure Reserve Fund and will be available for future City Council appropriation.

PUBLIC OUTREACH
Staff has regularly updated the Parks and Recreation Commission at public noticed meetings on the status of the Master Plan RFP and solicitation process.

NEXT STEPS
Staff will finalize and execute the agreement and issue a notice to proceed. Public Works staff and KTU&A will then confirm the detailed work plan and project schedule, begin the inventory and analysis phase, and initiate the community engagement process. The Parks and Recreation Commission will serve as a "guiding" body throughout development of the Plan, with Planning Commission and City Council review occurring at appropriate milestones. The Final Draft Master Plan is anticipated to be completed in approximately 15 months following project initiation, with final adoption to

7.3. occur within the 18-month timeframe established by the RFP.

Attachments:

1. KTU&A Agreement for Services

-1- 4909-9229-3710v6
ALF\04706277

AGREEMENT FOR SERVICES
[Professional Services]
This Agreement for Services (the “Agreement”) is entered into as of August 17, 2026 (the “Effective Date”), by and between the City of Gilroy (“CITY”), a municipal corporation duly organized and existing under the laws of the State of California, and KTU&A (“CONTRACTOR”).

ARTICLE 1. TERM OF AGREEMENT
The term of this Agreement shall commence on the Effective Date and continue in effect through December 31, 2027 (“End Date”), unless sooner terminated in accordance with the provisions of Article 8. Should no Effective Date be specified above, then the Effective Date of this Agreement shall be the date this Agreement is executed by the authorized CITY representative. The term of this Agreement may be extended by amendment in accordance with Article 9.A. It is intended that termination of this Agreement be contemporaneous with the final acceptance of all services described in Exhibit B by the Gilroy City Administrator or designee.

ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Both parties understand and agree that CONTRACTOR, and any person working for or under the direction of CONTRACTOR, is an independent contractor and not an employee, agent, joint venturer, or partner of CITY. Nothing in this Agreement shall be construed as creating an employer-employee relationship between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. CONTRACTOR is not an employee for state or federal tax purposes.

CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’s employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits, or any other employment benefits.

CONTRACTOR retains the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR shall perform the services (the “Services”) in accordance with Exhibit A (“Specific Provisions”) and as outlined in Exhibit B (“Scope of Services”) within the time periods described in Exhibit C (“Milestone Schedule”) in accordance with the requirements of this Agreement.

B. Method of Performing Services
CONTRACTOR will determine the method, details, and means of performing the above-described Services. CITY has no right to control the manner or determine the method of accomplishing CONTRACTOR’s Services. CONTRACTOR will supply all tools and instrumentalities required to perform the Services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.

-2- 4909-9229-3710v6
ALF\04706277
C. Employment of Workers
CONTRACTOR may, at the CONTRACTOR’s own expense, employ such workers as CONTRACTOR deems necessary to perform the Services required of CONTRACTOR by this Agreement, subject to the limitations on assignment and subcontracting contained in Article 5.E, below. CITY may not control, direct, or supervise CONTRACTOR’s workers in the performance of those Services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these workers and for all State and Federal income tax, unemployment insurance, Social Security, disability insurance, and other applicable withholding.

As an independent contractor, CONTRACTOR shall indemnify, defend, and hold CITY, its officers, officials, representatives, agents, employees, and volunteers harmless, pursuant to Article

5.D from and against any and all third-party claims arising from allegations that an employeeemployer relationship exists between CITY and an employee or subcontractor of CONTRACTOR or of any of its subcontractors.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the Services to be performed by CONTRACTOR, CITY shall pay CONTRACTOR the amounts set forth in Exhibit D (“Payment Schedule”). Such compensation shall be without right to any additional compensation of any kind or type whatsoever, including, without limitation, in quantum meruit. CONTRACTOR shall not be compensated for, and CITY shall not be obligated to pay for, any Services performed by CONTRACTOR without prior, written authorization from CITY, that exceed the total compensation amount provided herein. In the event of a conflict between the amount set forth in this Article 4.A and Exhibit D regarding the amount of compensation, this Article 4.A shall prevail. In no event shall the total compensation paid to CONTRACTOR for the complete and satisfactory performance of the Services in accordance with this Agreement exceed $310,000.

B. Invoices
CONTRACTOR shall submit invoices for all services rendered. CONTRACTOR shall invoice CITY no more than once every thirty (30) days.

C. Payment
Payment will be due according to the payment schedule set forth in Exhibit D. No payment will be made unless CONTRACTOR has first provided CITY with a written invoice describing the work performed and any approved direct expenses (as provided for in Exhibit A, Section III) incurred during the preceding period. CITY shall have no obligation to pay for any work or direct expenses not invoiced within ninety (90) days of the date such work was performed or such expenses were incurred. Expenses shall not be invoiced until incurred.

-3- 4909-9229-3710v6
ALF\04706277
If CITY objects to all or any portion of any invoice, CITY will notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected prior to resolution of the objection by mutual agreement of both parties hereto.

D. Costs and Expenses Incident to Performance
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of Services for CITY, including, without limitation, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds, or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’s costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing Services for CITY, except for those expenses constituting approved “direct expenses” referenced in Exhibit A, Section III.

ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Compliance with Laws
CONTRACTOR shall comply with all applicable Federal, State, and local laws and regulations in fulfilling CONTRACTOR’s obligations under this Agreement.

Without limiting the generality of the foregoing, CONTRACTOR shall comply with the provisions of California Labor Code Section 1735, and California Government Code Section 12940, obligating every worker and/or subcontractor under a contract or subcontract to CITY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any employee, applicant for employment, or any potential subcontractor.

Pursuant to Gilroy City Code Section 1.15, construction, alteration, demolition, repair and maintenance work performed under certain public works contracts is subject to all State laws regarding payment of prevailing wages, including, without limitation, Labor Code Section 1770 et seq. (“State Prevailing Wage Laws”). For construction work that cumulatively exceeds $25,000 and for alteration, demolition, repair and maintenance work that cumulatively exceeds $15,000, CONTRACTOR and its subcontractors must comply with State Prevailing Wage Laws. ☐ ____________(initial) If the box to the left of this sentence is checked and the line beside it initialed by CITY, CONTRACTOR and its subcontractors must comply with State Prevailing Wage Laws and the provisions set forth in Section G of Exhibit A apply.

INDEMNIFICATION: CONTRACTOR acknowledges and agrees that regardless of whether or not the box above is checked and the line initialed, it is ultimately the responsibility of the CONTRACTOR and all subcontractors to determine for themselves whether any Services provided under this Agreement must comply with State Prevailing Wage Laws. To the fullest

-4- 4909-9229-3710v6
ALF\04706277
extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, and volunteers, against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees, that arise out of, pertain to, or relate to any determination made by CITY, its officers, officials, representatives, agents, employees, and volunteers, whether explicitly or implicitly through any number of actions or representations, related to any classification that a project constitutes a public works project which must comport with State Prevailing Wage Laws.

B. Professional Standard of Care
CONTRACTOR shall perform all Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the County of Santa Clara and the State of California.

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

C. Insurance
CONTRACTOR shall procure and maintain insurance as described in Exhibit E for the duration of this Agreement (and any additional time as may be required in Exhibit E for particular coverage).

D. Indemnification of Liability, Duty to Defend
CONTRACTOR’s indemnification and defense obligations, as provided herein, are in addition to, and are not limited by, the indemnification provision detailed in Article 5.A related to the State Prevailing Wage Laws and the insurance obligations provided in Article 5.C and Exhibit E.

To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, and volunteers, against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees, that arise out of, pertain to, or relate to the performance of the Services or this Agreement, including all claims relating to the failure to pay wages, or the injury or death of any person or damage to any property, however caused, regardless of any negligence of CITY, excepting only such injury or death of any person, damage to any property, or any other loss, damage, or expense caused by the gross negligence or willful misconduct of CITY, its officers, officials, representatives, agents, employees, or volunteers.

-5- 4909-9229-3710v6
ALF\04706277
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’s employees.

Notwithstanding the foregoing, to the extent that this Agreement is a “construction contract” within the meaning of Civil Code Section 2783, then CONTRACTOR’s obligations to defend, indemnify, and hold harmless CITY, its officers, officials, representatives, agents, employees, and volunteers shall not extend to any injury or death of any person, damage to any property, or any other loss, damage, or expense caused by the sole or active negligence or willful misconduct of CITY, its officers, officials, representatives, agents, employees, or volunteers.

Furthermore, to the extent that CONTRACTOR is a “design professional” within the meaning of Civil Code Section 2782.8, CONTRACTOR’s duty to indemnify provided above, including CONTRACTOR’s duty and cost to defend, shall be limited to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR.

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

F. State and Federal Taxes
As stated in Article 2, CONTRACTOR is not CITY’s employee. Thus, CONTRACTOR is responsible for paying all required State and Federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from payments to CONTRACTOR;
• CITY will not make State or Federal unemployment insurance contributions on behalf of CONTRACTOR;
• CITY will not withhold State or Federal income tax from payments to CONTRACTOR;
• CITY will not make disability insurance contributions on behalf of CONTRACTOR;
• CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR.

-6- 4909-9229-3710v6
ALF\04706277
G. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) as the same may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the limitations on assignment and subcontracting contained in Article 5.E, above. CONTRACTOR shall defend, indemnify and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, or volunteers, 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 CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.

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

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

ARTICLE 7. TIME OF COMPLETION
A. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

B. Commencement of Services
CONTRACTOR shall commence the Services described in Exhibit B on the date specified in the CITY’s “Notice to Proceed,” issued pursuant to Exhibit A, Section II.A.

C. Contract Time
CONTRACTOR shall diligently complete its Services within the time provided in Exhibit C.

D. Adjustments to Schedule
The term of this Agreement and/or the time periods described in Exhibit C may only be extended by amendment to this Agreement executed by CITY and CONTRACTOR in accordance with Article 9.A.

-7- 4909-9229-3710v6
ALF\04706277
ARTICLE 8. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY will have the option of terminating this Agreement by providing written notice of termination in accordance with Article 9.J, within thirty (30) days after receiving such notice of sale.

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

B. Termination by CITY Without Cause
Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement without cause at any time upon giving ten (10) days written notice to CONTRACTOR in accordance with Article 9.J. CONTRACTOR shall immediately stop work upon receipt of such notice except as may be necessary to safeguard and protect a project site, and shall be entitled to compensation per this Agreement for work performed prior to work stoppage.

C. Termination by CITY for Material Breach by CONTRACTOR Should CONTRACTOR breach any provision of this Agreement and such breach be material, CITY may, but is not obligated to, terminate this Agreement by providing written notice to CONTRACTOR in accordance with Article 9.J. For the purposes of this section, material breach of this Agreement includes, but is not limited to the following:

1. CONTRACTOR’s failure to professionally and/or timely perform any of the Services contemplated by this Agreement.

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

Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S material breach of this Agreement, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete those tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of those tasks pursuant to this Agreement.

D. Termination by CONTRACTOR for CITY’s Failure to Make Agreed-Upon Payments
If CITY fails to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement by the date due, then if and only if such nonpayment constitutes a material breach under this Agreement, CONTRACTOR may, but is not obligated to, terminate this Agreement if

-8- 4909-9229-3710v6
ALF\04706277
such breach is not remedied by CITY within thirty (30) days after written demand for such payment is given by CONTRACTOR to CITY in accordance with Article 9.J.

E. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR will be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amount set forth in Article 4.A of this Agreement for its Services which have been fully, competently and timely rendered by CONTRACTOR. CONTRACTOR shall within ten days of receipt of notice of termination deliver to CITY all work done toward completion of the Services required hereunder in the format of electronically stored files where available (including, without limitation, documents, spreadsheets, video and images, AUTOCAD or other design files, and the like) and shall act in such a manner as to facilitate the assumption of CONTRACTOR’s duties by any new contractor hired by the CITY to complete such Services, including the use of the files required to be delivered hereunder.

ARTICLE 9. GENERAL PROVISIONS
A. Amendment & Modification
No amendment, modification, alteration or change to the terms of this Agreement will be effective unless and until made in a writing signed by both parties hereto.

B. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, 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.

C. Binding on Successors and Assigns
The covenants, terms, conditions and provisions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, and assigns of both parties hereto.

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

This Agreement contains the contributions of both parties, each of whom has had the opportunity to consult competent counsel, and it is expressly agreed and understood that the rule stated in Civil Code Section 1654, that ambiguities in a contract should be construed against the drafter, shall have no application to the construction of this Agreement.

-9- 4909-9229-3710v6
ALF\04706277
E. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no employee, officer, or elected official of the CITY or of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR, and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

F. 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 hereunder by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and are not binding upon CITY.

G. Exhibits Incorporated
All exhibits referred to in this Agreement and attached to it are hereby incorporated by reference.

In the event there is a conflict between the terms in the body of this Agreement and any of the terms of any exhibit to this Agreement, the terms in the body of this Agreement shall control.

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. 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 will have any claim or right of action hereunder for any cause whatsoever.

J. Notices
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered by U.S. Mail, registered or certified, return receipt requested, postage prepaid, or by overnight delivery service showing receipt of delivery, or by personal delivery, or by facsimile (fax) or email. Notices or demands shall be addressed as follows:

-10- 4909-9229-3710v6
ALF\04706277
CITY: City of Gilroy
Attn: City Administrator
7351 Rosanna Street
Gilroy, CA 95020
Fax: 408-846-0500
With a copy to: City of Gilroy
Attn: Director, Public Works Department
7351 Rosanna Street
Gilroy, CA 95020
Fax: 408-846-0500
CONTRACTOR: Joe Punsalan
Principal Planner
1200 F Street
San Diego, CA 92101
or to such other address as either party may from time to time specify in writing to the other party in accordance with this paragraph.

Notices shall be deemed to have been given upon the earlier of actual receipt; or the next business day after delivery to an overnight delivery service; or three (3) days after the deposit in the U.S. mail; or the same day notice is faxed or emailed (if faxed or emailed before 5:00 p.m.), and on the next business day (if faxed or emailed after 5:00 p.m.) K. Severability
If any provision of this Agreement, including any exhibit hereto, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the court is authorized and instructed to modify this Agreement so that the transactions and agreements contemplated herein are consummated as originally intended to the fullest extent possible.

L. Survival Clause
CONTRACTOR’s obligations to defend, indemnify, and hold harmless CITY, and CITY’s rights and remedies, as provided in this Agreement, survive the expiration or any termination of this Agreement, including, without limitation, CONTRACTOR’s obligations under Article 5, and CITY’s rights and remedies under Article 9.B and Exhibit A, Section IV.B.

M. Waiver
Waiver by CITY of any breach, violation of, or failure to perform any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, by CONTRACTOR, or any CITY delay in enforcement of the same, will not be deemed to be a waiver of any other

-11- 4909-9229-3710v6
ALF\04706277
term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law, by CONTRACTOR.

N. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement and any other documents to be delivered in connection herewith may be electronically signed. Any digital or electronic signatures (including pdf, facsimile or electronically imaged signatures provided by DocuSign or any other digital signature provider) appearing on this Agreement or such other documents shall have the same force and effect as handwritten signatures for the purposes of validity, enforceability and admissibility.

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

CONTRACTOR:

KTU&A
By:

Name: Joe Punsalan
Title: Principal Planner
Social Security or Taxpayer
Identification Number
Approved as to Form
CITY:

CITY OF GILROY
By:

Name: Matt Morley
Title: City Administrator
Date: _________
ATTEST:

City Attorney City Clerk
95-2750597

-1- 4909-9229-3710v6
ALF\04706277

EXHIBIT A

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the Services as outlined in Exhibit B, (“Scope of Services”). To accomplish that end, CONTRACTOR agrees to assign Jacob Leon, who will act in the capacity of Project Manager, and who will personally direct such Services.

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

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon CITY’s delivery of a written “Notice to Proceed,” from the designated CITY contact person(s) to CONTRACTOR. For purposes of this Agreement, John Doughty will be the designated CITY contact person(s). The Notice to Proceed may be in the form of email, letter or fax authorizing commencement of the Services. The Notice to Proceed shall be given in accordance with Article 9.J of this Agreement or may be given by email.

B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY will give CONTRACTOR a written Notice of Final Acceptance. CONTRACTOR may request this Notice of Final Acceptance when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY will make a determination of completion within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY will so inform CONTRACTOR within this two (2) week period. CITY’s failure to make such a determination of completion within two (2) weeks shall be deemed to constitute CITY’s rejection of the Services subject to CITY’s later issuance of a Notice of Final Acceptance.

III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments will be made to CONTRACTOR as provided for in Article 4 of this Agreement.

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

CONTRACTOR must obtain written approval from CITY prior to incurring or billing for direct expenses.

-2- 4909-9229-3710v6
ALF\04706277
Copies of pertinent financial records, including, without limitation, invoices, must be included with the submission of billing(s) for all direct expenses.

IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills, and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’s representations and warranties regarding its skills, qualifications and licenses.

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 will 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 will be that used by CITY for similar purposes.

If such deliverables are required under this Agreement, all civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and will include his or her name and license number. Interim documents will include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction will bear the signature and seal of that licensee and the date of signing and sealing or stamping.

B. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
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, without limitation, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years from the date of final payment to CONTRACTOR, or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which will be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

C. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, without limitation, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and will 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

-3- 4909-9229-3710v6
ALF\04706277
CONTRACTOR which is otherwise known to CONTRACTOR or which becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’s disclosure thereof) will be deemed confidential. CONTRACTOR 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.

D. NO PLEDGING OF CITY’S CREDIT.

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

E. OWNERSHIP OF MATERIAL.

All material including, without limitation, 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 (“Materials”) shall be provided to CITY upon its request (whether during or after the term of this Agreement), but CONTRACTOR may retain and use copies thereof subject to Section IV.C above. Upon delivery to CITY, any Materials delivered shall become the property of the CITY, but they shall remain the property of CONTRACTOR prior to the delivery thereof.

CONTRACTOR represents and warrants to CITY that none of the Materials infringes any patent, copyright, trademark, trade secret, or any other intellectual property right of any third-party, and any claims arising out of an actual or alleged breach of this representation and warranty shall be subject to CONTRACTOR’s obligations pursuant to Article 5.D.

Upon delivery to CITY, CITY shall not be limited in any way in its use of the Materials at any time for any work, whether or not associated with the Services rendered under this Agreement.

However, CONTRACTOR will not be responsible for, and City will indemnify CONTRACTOR from, damages resulting from the use of the Materials for work other than for the Services, including, without limitation, the release of Materials to third parties for work other than on the Services rendered under this Agreement.

F. FEDERAL OR STATE FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves Federal or State funding and the requirements of this Section IV.F, below, apply.

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

-4- 4909-9229-3710v6
ALF\04706277

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

3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona 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, CITY shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the price or consideration specified in this Agreement, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or other consideration.

4. Byrd Anti-Lobbying Amendment
If the maximum amount of this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), CONTRACTOR shall comply with the provisions of 31 U.S.C. § 1352.

5. Additional Federal Requirements
If applicable, CONTRACTOR shall comply with the requirements of Title 37, Part 401, Code of Federal Regulations (34 CFR 401), “Rights to Inventions Made by Nonprofit Organizations and Small Businesses Under Government Grants, Contracts and Cooperative Agreements,” the Clean Water Act (42 U.S.C. § 7401, et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), and any orders and regulations pursuant thereto. CONTRACTOR has read and understands the provisions of Appendix II, Title 2, Part 200, Code of Federal Regulations (2 CFR 200, Appx. II), “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” which are incorporated herein by reference as though fully set forth.

G. PREVAILING WAGE REQUIREMENTS.

If this Agreement is subject to the payment of prevailing wages pursuant to Section A of Article 5, the following requirements apply:

1. Payment of Prevailing Wages
CONTRACTOR and all subcontractors shall pay workers per diem wages in an amount that is no less than the applicable prevailing wage rate.

2. Prevailing Wage Rates
The prevailing wage rate of per diem wages is available online at the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONTRACTOR and all

-5- 4909-9229-3710v6
ALF\04706277
subcontractors shall post a copy of the prevailing wage rate of per diem wages at each job site and shall make them available to any interested party upon request.

3. Penalties for Violations
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under Labor Code Sections 1720 through 1861.

4. Payroll Records
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. CONTRACTOR and all subcontractors shall also furnish records specified in Labor Code Section 1776 directly to the Labor Commissioner in the manner required by Labor Code Section 1771.4.

5. Apprentices
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1777.5, 1777.6, and 1777.7 concerning the employment and wages of apprentices. CONTRACTOR shall ensure their subcontractors comply with Labor Code Section 1777.5, and CONTRACTOR may be subject to penalties for their subcontractors’ non-compliance with Labor Code Section 1777.5 pursuant to the standards enumerated in Labor Code Section 1777.7.

6. Working Hours
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1810 through 1815, including but not limited to restricting working hours on public works contracts to eight (8) hours a day

7. Contractor and Subcontractor Registration Requirements CONTRACTOR and all subcontractors shall not be qualified to bid on, be listed in a bid or proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Sections 10164 and 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.

8. Compliance Monitoring and Enforcement
This Agreement and the Services provided thereunder are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

-1- 4909-9229-3710v6
ALF\04706277

EXHIBIT B

SCOPE OF SERVICES
Contractor and their subconsultants acknowledge that the Parks and Recreational Trails Master Plan and the Recreation Division Assessment are separate, legally distinct, and financially indepent projects with separate agreements; schedule adjustments, performance delays, budget modifications, or scope revisions, require separate approvals.

Any proposed scope or timeline modifications to this agreement must be formally requestsed and approved in advance through a written contract amendment and executed by the City Project Manger for the Parks and Recreational Trails Master Plan.

TASK 1: PROJECT MANAGEMENT
Task 1.1 Work Plan
Within 15 days of the execution of the contract, the Consultant will meet with staff to develop a comprehensive work plan with specific deliverables and due dates consistent with the RFP response.

Task 1.2 Kick Off Meeting
KTUA will work with City staff to identify goals and tasks to prepare and finalize a detailed schedule, deliverables, and roles. Finalization of Parks and Recreation Commission written monthly update format.

Task 1.3 Project Management Meetings
KTUA and City staff will hold twelve (12) virtual monthly progress meetings to keep the project on schedule. Additional virtual meetings at key times during the development of the Plan may occur on an as-needed basis.

DELIVERABLES:
- Kickoff Meeting Agenda and Summary
- Monthly Meeting Agendas and Summaries
TASK 2: INVENTORY AND ANALYSIS
Task 2.1: Review of Existing Documents
KTUA will review relevant planning documents and policies, including the 2040 General Plan, Municipal Code, Civic Center Master Plan, the Capital Improvement Program FY24 to FY28, and previously adopted parks and trails master plans. KTUA will also review the City’s parks and recreation programs, activity guide, facility reports, sports team agreements, and joint-use agreements with the Gilroy Unified School District. Some efficiencies can be provided by

-2- 4909-9229-3710v6
ALF\04706277
coordinating with the Recreational Division Needs Assessment team to reduce duplicative efforts.

KTUA understands that the City will provide pertinent information, such as historical data and city demographics. KTUA will also request documents from Santa Clara County, Santa Clara Valley Water, and other regional nonprofit organizations to gain a comprehensive understanding of other ongoing planning and construction efforts that may affect the City of Gilroy.

KTUA will share a data needs request with City staff for GIS files (parks, trails, open spaces, land use, zoning, waterways, walking/bicycling infrastructure, annexation maps, future development, etc.), existing asset inventory, park maintenance standards, indoor facility data, recreation program registrations, financial assets, staffing data, CIP budgets, etc.

Group 4 will review the resource documents related to both City and non-City owned facilities and have a thorough understanding of each. The facilities to be reviewed will include:
- City of Gilroy Recreational Facilities
- Gilroy Senior Center
- Wheeler Center
- Solorsano Middle School Gym
- Christopher HS Auxiliary Gym
- Christopher HS Aquatics Center
Task 2.2: Parks and Facility Inventory
KTUA will conduct a field inventory of all existing City-owned parks. Using a GIS platform ensures all data is geographically referenced and compatible with GIS tools such as ArcPro, ArcMap, and ArcGIS Online. The park inventory process will include quantities, conditions, and photos of park assets and amenities such as athletic fields, playgrounds, courts, picnic areas, dog parks, benches, light posts, barbecues, etc. The results of this inventory will be used for the level of service analysis. A comprehensive table will be created summarizing the results from the qualitative inventory analysis, identifying the average condition of amenities per park and the condition of each amenity type overall in the City. This table will help identify future needs for replacement cycles for amenities. The data collected through the park inventory process will also allow the theme to estimate the present value and anticipated replacement value of major park amenities. This information will directly inform the development of recommendations in Task 4.

Task 2.2.1 Facility Inventory
Using available data, the KTUA team will compile a list of special-use facilities, leased recreational spaces, joint-use facilities, and other facility types that serve the community’s recreational needs. A qualitative assessment will be conducted to determine if park facility designs serve their intended purposes, or if they need to be retrofitted, renovated, or reimagined to meet current and future needs. Team member Group 4 will:

-3- 4909-9229-3710v6
ALF\04706277
- Compile an inventory of existing recreational facilities including the capacity of each building (e.g. room types, sf, current uses and utilization)
- Compile an inventory of special facilities, leased facilities, joint use facilities and commercial recreational facilities which serve park/recreational and/or cultural needs in the City. - Conduct site visits (as appropriate and in coordination with City staff) to assess building systems, site infrastructure, accessibility, safety, and overall condition. - Identify and summarize service-related issues such as layout, allocations of space, functionality and flexibility, customer experience, in addition to evaluating the location, suitability, and capacity of current sites to support expanded recreational services, - Identify deferred maintenance, code compliance issues, and high-risk deficiencies. - Evaluate and compare current facilities against a to-be-agreed upon relevant - State/national standard including those established by the National Park and - Recreation Association (NPRA). This assessment may be supplemented by an agreed upon City/Agency comparative.
- Determine sustainability practices and other best practices that are appropriate for Gilroy to reduce water usage and reduce overall operational costs; and - Based upon the inventory/assessment of the current facilities prepare a gap analysis report. The report is to include an estimate of present value and replacement value of each improved or new facility.

Task 2.3 Trails Inventory
KTUA will conduct a field inventory of all existing City-owned recreational paths and trails. This process will include a desktop exercise to map all trails using City-owned GIS data and in-person field work to verify and document gaps in the data. KTUA will also map and analyze recreational paths and trails within the City’s sphere of influence to determine residents’ geospatial access to trails and identify any gaps in the existing trail network. The inventory will evaluate connectivity and access conditions throughout the network to identify gaps and potential barriers that may affect safe and convenient access to trails and other active transportation infrastructure. This analysis will help identify future improvements and/or opportunities for new trails. KTUA will apply active transportation, Safe Routes to Schools and Parks principles to ensure the City’s trail network is best optimized to connect people to common destinations such as schools, parks, transit, and commercial areas.

KTUA will develop a comprehensive trail inventory table that identifies trail length, surface type, general condition, available signage, safety and lighting features, and other unique characteristics for each trail within the City. This inventory will serve as a centralized resource to help the City identify maintenance needs, prioritize improvements, plan for future trail enhancements, and

-4- 4909-9229-3710v6
ALF\04706277
estimate the present and future replacement values of trail segments that are City-owned and CFDowned.

Task 2.4 Park Level of Service (Parks+)
Assessing current and future park needs requires a comprehensive understanding of the City’s park level of service (LOS). KTUA will use three combined analyses to evaluate the current and future LOS of the City’s park system:

Park Acreage LOS Analysis uses park acreage and the City’s current and forecasted population to calculate the park acres provided per 1,000 residents. This LOS will be compared to the City’s parkland goal to determine the current and projected per capita park acreage deficit (or surplus).

This can inform goal setting and recommendations development.

Amenity LOS Analysis uses the park amenity inventory, current and forecasted population, and national park amenity averages to determine LOS. Park amenities will be compared to the last five years of park amenity benchmark data collected by the National Recreation and Park Association (NRPA). This database allows for a population-based amenity comparison to long-term state and national averages, as well as to the most recent year of data, to determine how well the City’s park amenities are meeting community needs.

Accessibility LOS Analysis uses mode-specific park access points and travel networks (for walking and driving) to create a “park service area” for each park. Park service areas are generated for each park to show city-wide park accessibility by a given mode and distance, most commonly a half-mile walk and a two-mile drive. These distances are adjustable based on the unique characteristics of the City’s transportation system to determine equity of access and identify park gap areas. We will also analyze pedestrian and bicycle networks to assess connections to parks from neighborhoods, schools, and other key destinations using sidewalk, trail, and bike facility data. Gaps in the network (for each travel mode) will be listed, mapped, and described. KTUA will apply a similar approach to identifying gaps in the trail network by mapping existing trails throughout the City and identifying opportunities to improve connectivity and create a more complete, accessible, and cohesive trail system.

Task 2.5: Equity and Trends Analysis
KTUA will complete a demographics analysis to understand current and future population as well as to help illustrate potential park and facility users. The analysis will help evaluate current needs and anticipate future needs. Using American Community Survey (ACS) data (an ongoing statistical survey conducted through the U.S. Census Bureau), CalEnviroscreen, and other relevant local and regional resources, data gathered can include educational attainment, income, disability, ethnicity, age, employment, housing characteristics, and health statistics. Other population characteristics of interest can be summarized based on availability from the Census Bureau, County, or ABAG resources. This analysis can also be coordinated and compared to any equity or demographics analysis being conducted through the Recreation Division Needs Assessment to reduce duplication of efforts and instead build upon the findings that affect both City departments.

KTUA uses Esri Business Analyst to analyze parks and recreation trends. Business Analyst combines business and demographic data and enables summaries by custom geographies. For

-5- 4909-9229-3710v6
ALF\04706277
parks and recreation trend analysis, the Sports and Leisure Market Potential data is used to generate user data estimates for recreational activities. This data estimates the number of adults who participate in a number of recreational activities such as baseball, basketball, bicycling, football, golf, running, pilates, soccer, softball, swimming, tennis, volleyball, and yoga. The data are based upon national propensities to use various products and services, applied to local demographic composition. This trend data in conjunction with community and City staff input helps to confirm trends to develop recommendations.

DELIVERABLES:
- Existing Conditions Report including Parks, Trails, and Facility Inventory, Park Amenity Condition Assessment, LOS Analysis, and Equity and Trends Analysis TASK 3: COMMUNITY ENGAGEMENT
Task 3.1: Community Engagement Plan (CEP)
KTUA will work with City staff to develop a Community Engagement Plan (CEP). The CEP will outline methods to reach residents, park users, and stakeholders. A schedule of community workshops, pop-up events, stakeholder meetings, and engagement activities will be coordinated around popular citywide events and community gathering spaces to increase visibility and accessibility. Given the ongoing Recreation Needs Assessment and KTUA’s and PROS Consulting’s involvement in that effort, the team will coordinate and integrate outreach activities where appropriate to streamline engagement efforts, reduce outreach fatigue, and be respectful of community members’ time. These coordinated efforts and engagement opportunities will be clearly outlined in the CEP. The CEP will describe our team’s proven methods to facilitate an equitable, accessible, and collaborative planning process, especially for residents who are often overlooked or are hard to reach due to language, transportation, income, or cultural barriers.

Group 4 will also support the community engagement tasks with review of proposed methods, materials and activities, and will provide feedback and input specifically as it relates to community and recreation spaces, places, activities, programs, events and services.

Task 3.2: Surveys
KTUA will collaborate with the Recreation Needs Assessment effort to incorporate parks and trails-related questions into the statistically valid survey being developed by ETC for the Recreation Needs Assessment. Gathering community feedback on satisfaction with parks and trails is critical to informing future recommendations. Integrating these questions into a single survey will also reduce public confusion and outreach fatigue, while helping improve participation and response rates for the Recreation Needs Assessment rather than distributing multiple separate surveys.

Task 3.3: Community Workshops
Given KTUA’s role as the outreach lead for the Recreation Needs Assessment in partnership with PROS Consulting, the team will be uniquely positioned to coordinate engagement efforts and gather input for both the Parks and Recreational Trails Master Plan and the Recreation Assessment

-6- 4909-9229-3710v6
ALF\04706277
simultaneously. This integrated approach will improve efficiency, reduce outreach fatigue, and provide a more comprehensive understanding of community members’ needs, priorities, and aspirations for Gilroy’s overall parks, recreation, and trail system. Furthermore, the KTUA team understands that recent engagement efforts and summaries from the Civic Center Master Plan Update can be used to understand other related community needs and priorities.

Four (4) community workshops will be scheduled during the Plan’s main project phases: the existing conditions phase and the draft recommendations phase. KTUA will discuss with City staff whether traditional workshops, pop-up workshops that can take place at a scheduled City event, or a combination of the two, is the best way to gather community input. The first three (3) workshops will be scheduled to gather feedback on residents’ goals for the Plan and to understand their issues and opportunities for the park and trail system. One of the workshops may be combined with the Recreation Needs Assessment plan to capitalize on that ongoing effort. The third workshop will align with the development of draft recommendations. KTUA will present community priorities identified from the engagement process and how those findings influenced draft recommendations.

KTUA will be responsible for developing workshop materials and promotional materials such as interactive posters, table maps, infographics, PowerPoint presentations, flyers, etc. KTUA will also translate outreach materials in Spanish and ensure a Spanish-speaking team member is at each event. All workshops will be led by trained facilitators with engaging and hands-on activities.

Activities for children will also be provided to enable working families to attend. Each workshop will have a staffed “Kids’ Station’’ with one or more guided activities, as well as passive activities to engage children of varying ages and learning styles. Activities for children may include “Design-a-Park’’ exercise with movable amenities, a park coloring book art activity, or children’s books related to park and community planning. Key objectives of the community workshops/events include understanding the communities’ current satisfaction of existing parks, trails, and programs, and understanding future needs.

Depending on the decision by City staff to conduct pop-up workshops, KTUA can attend community-wide events such as National Night Out, The Great Garlic Halloween 5k Fun Run/Walk/Roll, or Party in the Park. Pop-up workshops have proven to be a fun, interactive, and efficient way to capture input from community members and park users. Pop-ups can also increase the Plan’s overall participation rate with those who may not be regular park users, who typically aren’t able to attend public meetings due to work and family commitments. feedback from prior outreach events and how this feedback has been incorporated into each subsequent outreach event.

Each outreach event will be documented through photos and written summaries. Presentation slides will also be made available online to provide feedback opportunities for anyone unable to attend.

Task 3.4: Focus Group Meetings
The KTUA team will engage City leadership and Public Works staff through targeted interviews and focus groups to capture practical insights on programs, services, and facility operations. We will align in-person sessions with planned community events/workshops to make the best use of staff time and team travel plans. This will include up to five (5) in-person and/or virtual sessions with focus groups. Focus groups will include the Public Works, Recreation Division, and parttime staff, Commissions and Committees such as Parks and Recreation Commission, Library

-7- 4909-9229-3710v6
ALF\04706277
Commission, Planning Commission, Gilroy Unified School District, and the Youth Commission.

Other focus groups may include special interest groups such as youth and adult sports leagues, senior center users, community partners, school district representatives, and other youth and teen organizations. This input will help shape realistic, implementable recommendations for parks, trails, programs, and services by building support from key stakeholders and special interest groups for long-term success.

Task 3.4.1 Parks and Recreation Commission Meetings
The KTUA team will engage the Parks and Recreation Commission throughout the development and formulation of the Master Plan. A written status report update will be required to be provided to the commission through City staff no later than the second Tuesday of each month. Additionally, KTUA will include up to four (4) in-person and/or virtual sessions with the Parks and Recreation Commission. Exact dates and times will be agreeded upon by KTUA and the City during the work plan. One of the meetings may be combined with the Youth Commission.

Task 3.5 Project Marketing
Task 3.5.1 Project Branding
KTUA will work with City staff to develop a project logo and color palette that is cohesive with existing City branding and other ongoing planning initiatives. Distinct project branding will increase project recognition and distinguish it from other initiatives. Consistent branding will be included on all project material, such as announcements, exhibits, online material, social media, and documents.

Task 3.5.2 Project Website
KTUA will work with City staff to design an Esri-based website. The website will be available throughout the entirety of the project and will include upcoming community engagement opportunities, past event summaries, host the community survey, and include other online engagement tools such as an interactive comment map.

Task 3.6 Community Engagement Summary
Upon compiling all initial survey findings, KTUA will provide a summary and present them in a clear and accessible format. These results will then be analyzed to identify key themes, community priorities, and areas requiring further research. The insights gained will directly inform the development of updated plan recommendations. This engagement summary can also be used to facilitate conversations regarding key items where consensus is not as explicitly communicated.

Photos of every interaction, scanned table maps, raw results of the survey, etc. can all be used to determine the appropriate recommendation by elected officials for key items that are not fully in line with other community priorities.

DELIVERABLES:
- Workshop materials (maps, posters, website, presentations)

-8- 4909-9229-3710v6
ALF\04706277
- Focus Group meeting minutes
- Community Engagement Summary
TASK 4: COMPREHENSIVE ACTION PLAN
Task 4.1: Comprehensive Action Plan
KTUA will use the information gathered from the existing conditions analysis and community engagement to develop an Action Plan rooted in helping the City implement recommendations.

The Action Plan will include strategies, priorities, and policies for implementation based on shortterm (5-year), mid-term (10-year), and long-term (15-year) timelines. Recommendations will encompass the entire park system, trails, capital repair and replacement, and funding needs. The recommendations in the Action Plan will also integrate the findings from the ongoing Recreation Needs Assessment. This is crucial to understanding how the City’s park, facility, and trail infrastructure support the programs and services offered by the Recreation Division. The following information will be considered for the Action Plan.
- Strategic priorities aimed at implementing short (5-years), mid (10-years), and long-term (15- years) projects. Priorities and timelines will be driven by the community, staff, and elected officials’ preferences.
- Measurable citywide actions that improve existing park infrastructure, sustainability initiatives, park safety and comfort, and future priorities for expanding park infrastructure. - Alignment with existing policies from the City’s General Plan, past parks and trails master plans, and current CIP projects (Capital Improvement Program FY24 to FY28). - Identification of potential land acquisition, development, and improvements needed to meet program and open space needs. May include descriptions of type, size, and character of land and facilities that help address gaps.
- Improvements to the existing trail network and identification of potential future trails and trail network connections to help address gaps in the network. - Identification of opportunities for City/City partnerships, City/school partnerships and City/business partnerships regarding shared spaces, land and facility improvements, and future development.
- Organizational recommendations that assist the City to sustain proposed program initiatives, as well as respond to City organization leadership, staff, and public feedback on current practices, policies, and organizational structure that align with the Recreation Division Assessment. - An appendix with updated design guidelines and recommended best practices for the development of trails. Will include items such cross-sections, signage, striping, recommended amenities per trail type, etc.

-9- 4909-9229-3710v6
ALF\04706277
- Maintenance Strategies: Maintenance standards and strategies will be created to support the desired outcomes expected for the park and trail system. - Organizational Design (Staffing Capacity) and Implementation: This will provide support for the future management structure and staffing capacity requirements to implement new proposed park and trail projects as well as maintenance strategies.
- Evaluate the relative cost and feasibility of recommendations identified in the Action Plan for both parks and trails. May include planning-level opinions of probable cost and the identification of potential funding opportunities including grants, partnerships, and other implementation tools. - Identify policies related to appropriate speeds by electric and non-electric users on City-owned and CFD-owned trails.

The priority and resource requirements of each recommendation will be collaboratively determined with the City. High-priority recommendations with high resource requirements are those that are both urgent, high-effort, and costly, while low-priority recommendations with low resource requirements are “nice-to-haves” with low demands of staff or funds. This approach balances decision-making in different funding and staffing scenarios.

Task 4.2: Five-Year CIP
The KTUA Team will take the five-year (short-term) projects identified in task 4.1 and include them in a five-year CIP. The CIP will serve as a supplementary priority list to help the City follow through on its commitment to implement projects that improve the quality of the parks and recreation system. The CIP will include details such as planning-level costs for parks and trails, priority ranking, responsibilities, maintenance impacts, and the source from which the project was derived. Although the development of the CIP is still a planning-level exercise, the recommendations will be based on realistic feedback and expectations.

To further support the development of facility-related recommendations for the Action Plan and five-year CIP, Group 4 will:
- Prepare a matrix that summarizes findings and a separate list of recommendations with cost estimates for each facility. The matrix will include identification of square footage, space needs, and estimated project cost including hard, soft, furnishings, fixtures and equipment (FF+E), and technology.
- Prioritize current and future facility needs, including maintenance, rehabilitation, replacement, new development and, if required, land and/or facility acquisition. The list of recommendations will include the criteria used to establish priorities and will be separated into short, medium, and long-term timeframes.
- Support working through staff and the Parks and Recreation Commission to create prioritization policies and processes to guide biennial CIP work programs.

Task 4.3 Performance Measures

-10- 4909-9229-3710v6
ALF\04706277
KTUA will provide a simple audit system that is rooted around the idea of “performance measures”. An audit system is an effective and transparent tracking tool that can help the City monitor progress when the Plan is adopted. Audit indicators may include park and trail infrastructure.

Measurable indicators for infrastructure improvements may include:
- Number of park acres per 1,000 people
- Reduction of amenity-specific travelshed gaps
- Replacements or additions of amenities per ‘Inventory and Assessment’ grades given - Replacement or additions of infrastructure to support sufficient walkability to parks and facilities - Work order completion rate/average time to complete work orders - Feedback from visitors about asset conditions
- Operations and Maintenance
- Measurable indicators for operations and maintenance improvements may include:
- Resident satisfaction of maintenance
- Work order completion rate/average time to complete work orders - Feedback from visitors about asset conditions
Task 4.4 Funding Sources
We will evaluate potential funding sources to support the Parks and Recreational Trails Master Plan recommendations, with emphasis on practical, implementable tools available to Gilroy and the Santa Clara region. This task will include a focused review of existing and potential funding sources, including development impact fees, Quimby-related funding, Community Facilities Districts, Landscape Maintenance Districts, grants, partnerships, sponsorships, user fees, rental revenues, concessions, and other applicable local, state, federal, and private funding opportunities.

The analysis will match potential funding sources to recommended capital projects, park improvements, trail investments, recreation facilities, and maintenance needs. The analysis will include a concise funding matrix identifying eligible uses, key limitations, timing, and best-fit applications for each funding source.

TASK 5: DRAFT AND FINAL PLAN
Task 5.1 Draft Plan
The draft and final Plan will be designed to capture all elements of the master planning process and will be purposefully designed so current and future City staff can implement the recommendations outlined in the Plan. Every major task in the scope of work will have its own

-11- 4909-9229-3710v6
ALF\04706277
chapter and will include supporting graphics, maps, tables, and key takeaways. An executive summary will be developed and an emphasis on how this Plan aligns with the 2040 General Plan guiding principles will also be included. The document will be developed using Adobe InDesign and will also include a compatible Word and PDF version for staff review.

Task 5.2 Revisions
KTUA will revise the draft Plan up to two (2) times. Revisions will be tracked through PDF and will be shared with City staff to maintain editing transparency.

Task 5.3 Final Plan
KTUA will export a final version of the Plan that reflects all of the edits requested by staff. The final Plan will be used for any presentations needed by City staff. All native project files needed to edit and reproduce the content in the final Plan will be packaged and submitted to the City. Files will be provided in compatible software such as Microsoft Word, Adobe Indesign/Acrobat, and the City’s preferred GIS software.

Task 5.3.1 Suggested Website Content
KTUA will work with City staff to determine which items from the final Plan should be used to update the City’s website. Suggested maps, infographics, photographs, etc. will be discussed and will be compatible with the City’s web design platform.

Task 5.4 Final Plan Presentations
KTUA will present in-person at one (1) meeting with the Parks and Recreation Commission and one (1) meeting with the City Council for the Plan’s adoption. KTUA will also be available to present the Plan to the Planning Commission and the Youth Commission virtually. These two meetings can take place during the recommendations phase or once the draft Plan is developed, as directed by City staff. KTUA will work with City staff to develop a presentation that provides an overview of the planning process and the contents of the Plan. Key takeaways from the Action Plan will be included to highlight the recommendations developed based on the LOS analysis and findings from the community engagement process.

Task 5.5 CEQA Review
Team member Baranek Consulting will review the draft plan and provide professional direction for environmental review. This being a planning-level document, it is expected that the project will be subject to either fit within the CEQA “Statutory Exemption 15262 Feasibility and Planning Studies” definition, a Negative Declaration, or a Mitigated Negative Declaration. As with all other park and trail master plans the KTUA has completed, further environmental review will take place once specific projects are designed for implementation.

DELIVERABLES:
- Draft Plan in PDF format

-12- 4909-9229-3710v6
ALF\04706277
- Final Plan in PDF format and 10 hardcopies
- Final Presentations
- Plan Source Files
- CEQA review

-1- 4909-9229-3710v6
ALF\04706277

EXHIBIT C

MILESTONE SCHEDULE
The Consultant can begin work immediately. The Consultant will manage the project so that the schedule established is maintained to the degree it is under their control. The schedule for the scope of work is up to 16 months. The timeline reflects that some tasks and deliverables should begin prior to the completion of previous tasks.

A schedule with specific deliverables, activities, anticipated start and end dates, and duration is is attached for reference. Note the project is anticipated to start in August 2026.

The project as outlined in Exhibit "B" Scope of Work must be completed no later than December 31, 2027.

-1- 4909-9229-3710v6
ALF\04706277

EXHIBIT D

PAYMENT SCHEDULE
No payment shall be made for work performed outside of Exibit "B" Scope of Work defined herein, nor shall work performed to remindate delays or performance issues under the Recreation Division Assessment be eligible for compensation under this agreement. Any additional work or modified scope under this agreement must receive written authorization via a formal City Change Order prior to the performance of such work.

Contractor shall submit separate invoices for the Recreation Division Assessment and the Parks and Recreational Trails Master Plan. Invoices shall provide line-item details, including labor hours by staff, task-level descriptions, and supporting receipts.

The cost for services rendered under this agreement will not exceed $310,000. Billing will be conducted monthly. Written reports are due before the second Tuesday of the month. The final report and final invoice for this agreement is due no later than December 31, 2027.

The following are the budgeted costs for each task as outlined in Exhibit "B" Scope of Services:

Task 1 - Project Management: $10,916
Task 2 - Inventory and Analysis: $75,622
Task 3 - Community Engagement: $44,243
Task 4 - Comprehensive Action Plan: $74,563
Task 5 - Draft and Final Plan: $69,622
Baranek Consulting (CEQA): $5,000
Contingency* = $30,034 (10.73%)
* Requires written notice from the City to use contingency funds.

-1- 4909-9229-3710v6
ALF\04706277

EXHIBIT E
INSURANCE [Professional Services]
CONTRACTOR shall procure and maintain for the duration of the Agreement, and for additional time if required below, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, or employees, including any subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the CONTRACTOR’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to

-2- 4909-9229-3710v6
ALF\04706277
the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37).

Primary Coverage
For any claims related to this Agreement, the CONTRACTOR’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 in regards to CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
CONTRACTOR may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. The policies shall be provided on a true “following form” coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to CITY.

Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. CITY may require CONTRACTOR to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of work pursuant thereto.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date,

-3- 4909-9229-3710v6
ALF\04706277
CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
CONTRACTOR shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All required documents are to be received and approved by CITY before work commences. However, failure to obtain the documents prior to the work beginning shall not waive CONTRACTOR’s obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.

Subcontractors
CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction-related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

August September October November December January February March April May June July August September October November Notes 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16
1 Task 1: Project Management

1.1 Kickoff Meeting * Within 1 week of contract approval.

1.2 Project Management Meetings * Once per month.
2 Task 2: Inventory and Analysis

2.1 Review of Existing Documents * Following kickoff meeting and data request.

2.2 Park and Facility Inventory * During August visit for Rec Assessment.2.3 Trails Inventory * During October visit.2.4 Park Level of Service (Parks+) * November through January, after data collection is complete.2.5 Equity and Trends Analysis * November through January, after data collection is complete. 3 Task 3: Community Engagement A more detailed plan of events and meetings will be outlined in the CEP

3.1 Community Engagement Plan (CEP) * Following kickoff meeting and additional coordination with City staff.3.2 Surveys * KTUA to add questions to the Rec Assessment Survey. The team will Distribute and promote during October visit.3.3 Community Events/Workshops (4) * One additional meeting added from City. First workshop may place during the Team's scheduled October visit. The second and third workshops will be planned at a later date but likely in early winter and then in the spring. The final workshop will present the draft recommendations in early summer.

Workshop 1

3.4 Focus Group Meetings (5)
* To be coordinated with City staff. In-person meetings may take place during October visit and during future planned outreach visits in winter 2026/27.

3.4.1 Parks and Recreation Commission Meetings (4)
* New meetings added from City. The first online meeting proposed as a project introduction, the second meeting proposed during existing conditions phase, the third meeting proposed before draft recommendations are presented to the public, and the fourth meeting is proposed prior to City Council Adoption of the Plan.

Meeting 1 Meeting 2 Meeting 3 Meeting 4

3.5 Project Marketing
* Project branding will be completed during the development of the CEP and marketing materials will be developed and promoted during the duration of the planning process to give public awareness and promote community events.

3.6 Community Engagement Summary
* Following each outreach event, the team will summarize feedback into a master excel spreadsheet, all the feedback will then be summarized into a report chapter and shared with City staff. 4 Task 4: Comprehensive Action Plan

4.1 Comprehensive Action Plan
* Draft Action Plan will be developed following existing conditions and initial outreach task. This is a collaborative process between City staff and the project team to ensure alignment with goals.

4.2 Five-Year Capital Improvement Plan (CIP) * 5-year CIP development will take place after Draft Action Plan to determine the highest priority projects.4.3 Performance Measures * To be determined after draft Action Plan.4.4 Funding Strategies * To be determined towards the end of the Action Plan process. 5 Task 5: Draft and Final Plan

5.1 Draft Plan
* Draft Plan will begin development after existing conditions phases and initial outreach is complete. A draft template will be approved by City staff to ensure alignment on style and layout. Draft Plan development will continue into Action Plan and final outreach events.

5.2 Revisions
* The completed draft plan will be shared with City staff. Staff will deliver comment s, questions, and edits to KTUA and KTUA will address all comments and develop a final Plan.

5.3 Final Plan * The Final Plan addresses all comments and edits from staff and stakeholders.5.4 Final Plan Presentations * The Final Plan will be presented to The Park and Recreation Commission and City Council for Adoption.5.5 CEQA Review * CEQA exemption expected, but will take place prior to City Council Adoption. 2026
Estimated Month
City of Gilroy Parks and Trails Master Plan
Schedule Outline
Workshop 2 Workshop 3
2027
Workshop 4
Attachment 1 - Project Schedule

CITY OF GILROY PUBLIC WORKS DEPARTMENT | PARKS AND RECREATIONAL TRAILS MASTER PLAN / 30 Section 5 - Cost Proposal / KTUA
Attachment 2 - Cost Proposal

Principal Senior Assoc. Senior Planner II Senior Planner I Planner Joe
Punsalan Jacob Leon Nicole Rogge Isabel Perez Madeline Pysher $215 $175 $128 $118 $113
A Community Engagement (Options for Original Scope of Work) A.1 Add-on workshop to an existing event/workshop 6 8 6 20 - $ 2,782$ $ 2,782A.2 Stand-alone workshop 18 24 6 48 1,700 $ 6,930$ $ 8,630 A.3 Parks and Recreation Commission Meeting (virtual, per meeting) 24 6 - $ 862$ $ 862 A.4 Parks and Recreation Commission Meeting (In-person, per meeting) 14 3 17 850 $ 2,834$ $ 3,684 0- $ -$ -$
City of GilroyParks and Recreational Trails Master PlanKTUA Team Fees Labor Cost
Hours
per Task
Cost per
Task
Travel &
Materials
KTUA
Attachment 3 - Additional Outreach

City of Gilroy

STAFF REPORT
Agenda Item Title: Introduction and First Reading of an Ordinance Amending Chapter 30, Article L of the Gilroy City Code Relating to Architectural and Site Review Permit Process and to Enhance Public Outreach
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Michael Fossati, Planning Manager
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION

1. Determine the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061 (b)(3) (the “common sense” exemption) for the adoption of an ordinance relating to Architectural and Site Review Permit Process and to enhance public outreach;

2. Motion to read the ordinance by title only and waive further reading of the ordinance; and

3. Introduce an ordinance amending Chapter 30 (Zoning), Article L (Planning Department Applications) relating to Architectural and Site Review Permit Process.

EXECUTIVE SUMMARY
The proposed ordinance amends Gilroy Zoning Code Sections 30.50.41 and 30.50.47 relating to the Architectural and Site Review Permit process to:
(1) Require Planning Commission review and approval of Architectural and Site Review Permit applications with an Environmental Impact Report (EIR) that

identifies one or more significant and unavoidable impacts under the California Environmental Quality Act (CEQA); and
(2) Establish enhanced public outreach requirements, including applicant-led neighborhood notifications and a community meeting once an Architectural and Site Review Permit application is deemed complete.
(3) Retain existing appeal rights, meaning that staff decisions may be appealed to the Planning Commission and those of the Planning Commission to the City Council.

BACKGROUND
On January 25, 2026, Councilmembers Kelly Ramirez and Carol Marques submitted a FAIR Memo to the City Administrator requesting a review of the Architectural and Site Review Permit process. The FAIR Memo was subsequently scheduled and placed on the March 16, 2026 Council meeting agenda.

On March 16, 2026, after staff presented a brief report describing the current Architectural and Site Review Permit process and initial considerations, the City Council directed staff to return with options regarding which applications may be appropriate to require public hearings and which decision-making body — staff, Planning Commission, or City Council — may be appropriate to conduct them, to ensure residents have a meaningful opportunity to participate.

On June 15, 2026, for City Council consideration, staff presented options to improve public outreach and require certain Architectural and Site Review Permits be reviewed and approved by the Planning Commission. The City Council directed staff to implement those options by initiating a Zoning Code amendment.

On July 16, 2026, the Planning Commission reviewed the proposed zoning amendment to improve public outreach and community engagement and recommended changes to the ordinance. Staff has provided an analysis below explaining why staff does not recommend all of the proposed changes. Other recommendations of the Commission have been incorporated into this staff report (see the “Analysis” section), as well as the attached ordinance and exhibit.

At the meeting, the Planning Commission also requested that the City Council consider a separate policy discussion related to establishing objective development standards governing the size, intensity, or operational characteristics of projects, including, but not limited to, water consumption, battery energy storage systems, fuel storage, campus size, etc.

Environmental Assessment
This Zoning Amendment qualifies for the CEQA Guidelines Section 15061(b)(3) “common sense” exemption because the project will not significantly affect the

environment. The amendment only establishes procedural review, public hearing, and notice requirements for Architectural and Site Review Permits. It does not authorize, approve, or entitle any specific development. Future development projects will undergo separate environmental review under CEQA when applications are submitted.

ANALYSIS
On June 15, 2026, the City Council directed staff to implement options to increase public participation in the Architectural and Site Review Permit approval process. The options require amendments to the Architectural and Site Review provisions of the Gilroy Zoning Code (Sections 30.50.41 and 30.50.47). The attached ordinance implements the Council’s direction regarding Architectural and Site Review process, and includes Planning Commission’s recommendations on how to enhance public outreach.

CEQA Threshold for Planning Commission Review and Approval On July 16, 2026, in alignment with Council’s direction from June 15, 2026, staff proposed an amendment requiring Planning Commission review and approval for any Architectural and Site Review Permit application with an Environmental Impact Report that identifies significant and unavoidable impacts under CEQA. The Planning Commission identified a change and recommended review and approval for every such application where an EIR is prepared, regardless of whether significant and unavoidable impacts are identified.

Staff recommends keeping the significant-and-unavoidable threshold for Planning Commission review. Under this standard, a project may be approved only with a statement of overriding considerations. This approach requires public hearing review for the most environmentally significant projects, while allowing faster, more predictable administrative review for development projects that offer economic benefits without negatively impacting the physical environment. Streamlining reviews for projects with mitigable impacts encourages private investment, job creation, and growth of the City’s long-term tax base.

In other words, projects with significant and unavoidable impacts – the most environmentally consequential projects – warrant a higher level of public review and decision-making by the Planning Commission, whereas administrative review is more efficient and cost-effective for all other development proposals.

This approach also avoids setting unrealistic expectations for projects that may not have significant and unavoidable environmental impacts. If CEQA analysis shows that impacts can be mitigated, these projects should not be reviewed based on the EIR, as there is no basis for denial. Mitigation measures identified in the EIR would reduce significant impacts to less than significant levels. Presenting such projects to Planning Commission for review may create false expectations of a CEQA-based path to denial, which could expose the City to legal risks.

Existing appeal rights would remain in place. Decisions by staff may be appealed to the Planning Commission and those of the Planning Commission to the City Council Enhanced Public Outreach upon Application Completeness
This amendment will enhance public notification and engagement while preserving the current decision-making authority for Architectural and Site Review Permits. Any Architectural and Site Review permit for new non-residential projects 15,000 square feet or larger will require enhanced public outreach by the applicant. Staff will also provide multiple community notifications through channels such as project webpages and other digital communications.

The amendment will introduce new applicant responsibilities for projects that require enhanced public outreach. Once the application is deemed complete, the applicant must take the following actions:

1. Host a community meeting (virtual or in-person) about the project.

2. Mail notices of the community meeting to property owners and residents within a 1,000 feet radius of the project’s property line, 14 days before the meeting.

3. Publish a newspaper notification 14 days before the community meeting.

The applicant must document all community engagement efforts and feedback and submit this information to the project planner before making any project decision is made.

Staff initially recommended enhanced public outreach for all architectural and site review permit applications except for new single-family residences and accessory structures in hillside zoning districts. Staff also initially recommended enhanced public outreach through various methods but without newspaper notification. Staff proposed using the standard 500-foot public notification radius specified in City Code Section

30.51.30(b)(2).

The Planning Commission supported enhanced public outreach but recommended increasing transparency while reducing financial burdens on small-scale residential development. The Planning Commission amendments included requiring enhanced public outreach only for non-residential projects at least 15,000 square feet, expanding mail notifications to 1,000 feet, providing the notice period of 14 days, and requiring newspaper notification for community meetings. Staff supports these recommendations and has included them in the proposed ordinance.

Proposed Amendment to Article L (Planning Department Applications) The proposed changes affect Gilroy Zoning Code Section 30.50.41 (Review).

Administrative review by the Community Development Director or designee will remain standard. However, Section 30.50.41(b) and (c) will be added.

These modified and new sections will require the Planning Commission to review and approve the most environmentally significant projects at a publicly noticed hearing and introduce an enhanced public outreach process for certain Architectural and Site Review Permits. Replaced text is shown as strikethrough and new text is shown underlined and in red, as shown below:
(a) Architectural and Site Review Permits. The community development director or designee shall review and decide applications for architectural and site approval, and shall be bound by any uniform standards adopted by the city council or planning commission relating to the intent, scope or review of architectural and site approval requirements. Any decision to issue an architectural and site approval is a discretionary decision subject to the California Environmental Quality Act. The community development director or designee shall review and may issue architectural and site approval for the following uses:
(b) Architectural and Site Review Permits Requiring Planning Commission Review.
(1) Planning Commission Review of Architectural and Site Review Permits with an Environmental Impact Report that identifies Significant and Unavoidable Impacts. Notwithstanding any other provision of this section assigning review authority to the Community Development Director or designee, the Planning Commission shall review and decide, at a duly noticed public hearing, any application for architectural and site review permit for a development project for which an Environmental Impact Report with one or more significant and unavoidable impacts has been or is required to be prepared under the California Environmental Quality Act. In acting on such an application, the Planning Commission shall apply the same scope of review, findings, and conditions set forth in Sections 30.50.43 and 30.50.44. All other applications for architectural and site approval shall continue to be reviewed and decided administratively by the Community
Development Director or designee.
(c) Enhanced Public Outreach for Certain Projects. Enhanced public outreach is required for any architectural and site review permit application for any new non-residential (commercial or industrial) project 15,000 square feet or larger, once it is deemed complete,
(1) Applicant Notice and Community Meeting. The applicant shall (i) host a community meeting at which the applicant presents the project and gathers feedback prior to a decision on the application; (ii) mail notice of a community meeting to property owners and

residents within a radius of one thousand (1,000) feet of the project’s property line, no later than 14 days before the community meeting; (iii) publish a newspaper notification in the local newspaper no later than 14 days before the community meeting; and (iv) document its community engagement efforts, by providing a copy of the mailed notice, the mailing list, and a summary of comments received to the project planner. No decision shall be issued on an application subject to this subsection until the requirements of this subsection have been satisfied.
(b d) Minor Modifications. A minor modification may be conducted only where such approval would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city’s general plan and the provisions of the City Code. The intent of the minor modification process is to facilitate minor changes that maintain or improve the aesthetic, historic, architectural, landscape, or other qualities of properties. Minor modifications consistent with this section may, without limitation, be conducted to implement section 30.26.50(b), 30.50.47(d), or 30.50.50(g). No proposals requiring a new negative declaration, mitigated negative declaration, or environmental impact report as clearance under the California Environmental Quality Act shall be allowed through the minor modification process.

Gilroy Zoning Code Section 30.50.47(e) (Appeal) will be revised to permit City Council appeals of Planning Commission decisions made under the new Section 30.50.41(b). (e) Appeal. Anyone so desiring may appeal the decision of the planning director by written request to the planning commission and payment of the appeal fee within twenty (20) days of the planning director’s determination.

An administrative decision of the Community Development Director or designee under this article may be appealed to the Planning Commission, and any decision of the Planning Commission on that appeal or rendered under Section 30.50.41(b) may be appealed to the City Council, in each case by written request and payment of the appeal fee filed within twenty (20) days of the decision.

All other provisions of Gilroy Zoning Code Sections 30.50.40 through 30.50.47 not expressly amended shall remain in full force and effect.

General Plan Consistency
The proposed amendment is consistent with the Gilroy 2040 General Plan. The Zoning Ordinance is the primary tool for implementing the General Plan and the amendment carries out Land Use (LU) Element goals and policies that support the amendment, including the following:

GOAL # /
POLICY #

TITLE AND SUMMARY ANALYSIS
Goal LU 1 Protect and enhance
Gilroy’s quality of life and
unique identity while
continuing to grow and
change.

Elevating projects with significant and
unavoidable environmental impacts to a
public Planning Commission hearing
provides a forum to protect, identify and
address potential land use
incompatibilities before an entitlement is
issued, which will directly enhance
Gilroy’s quality of life.

Goal LU 5 Encourage, facilitate, and
support the development of
new employment and
industrial uses and
retention of existing
industry to ensure
compatibility with existing
surrounding uses and
planned uses.

Large non-residential and industrial
projects often require an Environmental
Impact Report due to significant,
unavoidable impacts associated with
the project. Planning Commission
review at a public hearing ensures
these projects align with community
character and design objectives.

Policy LU

3.5 Neighborhood Infill
Encourage infill
developments that enhance
neighborhood quality and
respond to community input
in the planning and design
of infill projects or nonresidential, neighborhoodserving uses.

Requiring a public hearing before the
Planning Commission for major projects
with significant and unavoidable
environmental impacts ensures that
residents and neighboring property
owners have a meaningful opportunity
to participate in decisions affecting their
community.

Goal LU 8 Support growth and
development that preserves
and strengthens the City’s
historic small-town
character; provides and
maintains safe, livable, and
affordable neighborhoods;
and creates beautiful
places.

Planning Commission review at a public
hearing for projects with significant and
unavoidable impacts reinforces this
goal by adding a discretionary, publicly
accountable review step for the projects
with the greatest potential to affect
community character.

ALTERNATIVES
The City Council has the following alternatives:

1. The City Council may approve, modify, or reject the proposed amendment as recommended by staff (Attachment 1).

2. The City Council may approve, modify, or reject the proposed amendment as recommended by the Planning Commission (Attachment 2).

3. If the Council does not introduce and adopt any ordinance, the Architectural and Site Review Permit process will remain the same.

4. If the Council decides to amend the proposed ordinance, staff will provide a revised version according to Council direction

FISCAL IMPACT/FUNDING SOURCE
A Zoning Code amendment mainly involves staff time for research, ordinance and report preparation, public hearings, and legal review from the City Attorney. Staff time and resources needed to draft and adopt new Zoning regulations for City Council priorities are typically funded by the City’s General Fund.

For long-term fiscal impact, fee schedule adjustments for application/permit fees will be necessary to offset additional staff time, newspaper notifications, and other administrative costs. Implementing the staff recommendation would increase costs and project processing time for applicants, ranging from a few to several months.

PUBLIC OUTREACH
The notice for the City Council meeting was published in the Gilroy Dispatch on Friday, July 24, 2026. A notice was also posted on the City’s website and at City Hall. This item was included on the publicly posted agenda for this meeting.

NEXT STEPS
If introduced, the proposed ordinance will be placed on the consent calendar for adoption at the next City Council meeting, tentatively scheduled for September 14, 2026. The ordinance will take effect 30 days after adoption.

ATTACHMENTS

1. Draft Architectural and Site Review Permit Ordinance (including Exhibit ‘A’)

2. Draft Architectural and Site Review Permit Ordinance (including Exhibit ‘A’) recommended by the Planning Commission in its entirety

ORDINANCE 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE GILROY CITY CODE,
CHAPTER 30 (ZONING), ARTICLE L (PLANNING

DEPARTMENT APPLICATIONS), REGARDING THE

ARCHITECTURAL AND SITE REVIEW PERMIT

PROCESS
WHEREAS, Architectural and Site Review Permit process is established in the Gilroy City Code, Chapter 30, Article L, Sections 30.50.40 through 30.50.47. Under the current Zoning Code, the Community Development Director or designee is authorized to act on certain Architectural and Site Review Permit applications as an administrative determination. This process does not require a public hearing or public notice; and WHEREAS, on January 25, 2026, Councilmembers Kelly Ramirez and Carol Marques submitted a Future Agenda Item Request (FAIR) Memo to the City Administrator requesting that staff review the Architectural and Site Review Permit process and propose options to increase public engagement and notice for certain projects; and
WHEREAS, on March 16, 2026, after staff presented a brief report describing the current Architectural and Site Review Permit process and initial considerations, the City Council directed staff to present options identifying which Architectural and Site Review Permit applications may be appropriate to require public hearings and which decision-making body may be appropriate to conduct them, to ensure residents have a meaningful opportunity to participate; and WHEREAS, on June 15, 2026, after reviewing staff recommendations, the City Council directed staff to develop a zoning amendment dedicated to enhancing public outreach for certain Architectural and Site Review Permit applications. The Council also directed staff to prepare a zoning amendment requiring Planning Commission review and approval of Architectural and Site Review Permits for projects with an Environmental Impact Report that identifies significant and unavoidable impacts; and
WHEREAS, the proposed zoning amendment requires enhanced public outreach for any new non-residential (commercial or industrial) projects 15,000 square feet or larger once an Architectural and Site Review Permit application is deemed complete. Outreach measures include newspaper notification, applicant-mailed notices, and a community meeting. These steps ensure residents and property owners have a meaningful opportunity to review and comment on such projects; and
WHEREAS, the zoning amendment would further require that the Planning Commission review and serve as the decision-authority on Architectural and Site Review Permit applications at a duly noticed public hearing for any development project with an Environmental Impact Report that identifies significant and unavoidable impacts under the California Environmental Quality Act (CEQA), while preserving administrative review of all other Architectural and Site Review Permit applications by the Community Development Director or designee and the existing two-step (Planning Commission then Council) appeal structure; and

WHEREAS, the proposed zoning amendments are consistent with the Gilroy 2040 General Plan, including Land Use Element Goal LU 1 (Protect and enhance Gilroy’s quality of life and unique identity while continuing to grow and change), Goal LU 5 (Encourage, facilitate, and support the development of new employment and industrial uses and retention of existing industry to ensure compatibility with existing surrounding uses and planned uses), Policy LU 3.5 (Encourage infill developments that enhance neighborhood quality and respond to community input in the planning and design of infill projects or non-residential, neighborhood-serving uses), and Goal LU 8 (Support growth and development that preserves and strengthens the City’s historic small-town character; provides and maintains safe, livable, and affordable neighborhoods; and creates beautiful places), in that the Zoning Ordinance is the primary tool used to implement the General Plan and the amendments advance compatible development, neighborhood protection, community participation, and high-quality, publicly accountable review; and
WHEREAS, the City Council finds that the adoption of the proposed zoning amendments is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), the "common sense" exemption, because it can be seen with certainty that there is no possibility the amendments may have a significant effect on the environment, in that the amendments establish procedural review, public hearing, and noticing requirements for the processing of Architectural and Site Review Permits and do not authorize, approve, or entitle any specific development, and each future project remains subject to its own project-level environmental review; and WHEREAS, on July 16, 2026, the Planning Commission held a duly noticed public hearing, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Amendments, and recommended that the City Council approve the proposed amendments with some modifications; and
WHEREAS, on August 17, 2026, the City Council held a duly noticed public hearing at which time the City Council received and considered the proposed adoption of the Zoning Amendments, took and considered written and oral public testimony, the staff report, the Planning Commission recommendation, and all other documentation related to the proposed amendments; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning) and Article L (Planning Department Applications), set forth in Exhibit ‘A’ regarding Architectural and Site Review, are hereby adopted.

SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

SECTION IV
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the __ day of ___ 2026 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

Exhibit ‘A’
AMENDMENTS TO THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE L (PLANNING DEPARTMENT APPLICATIONS) (SECTIONS 30.50.40-30.50.47) Gilroy Zoning Code Sections 30.50.40 through 30.50.47 (Architectural and site review) are amended as set forth below. Replaced text is shown as strikethrough and new text is shown underlined and in red, as shown below

30.50.41 Review.
(a) Architectural and Site Review Permits. The community development director or designee shall review and decide applications for architectural and site approval, and shall be bound by any uniform standards adopted by the city council or planning commission relating to the intent, scope or review of architectural and site approval requirements. Any decision to issue an architectural and site approval is a discretionary decision subject to the California Environmental Quality Act. The community development director or designee shall review and may issue architectural and site approval for the following uses:
(1) Construction, installation, or major remodeling of structures in an industrial, commercial, professional office, public facilities or open space zone. Installation includes the location of trailers and mobile units on a site, unless such structures are temporary in nature in compliance with Article XLVII, Temporary Uses. Major remodeling includes building additions, as well as alterations within any twelve (12) month period exceeding fifty percent (50%) of the floor area, facade or value of the existing building. The value shall be determined by the city building department. Major interior remodeling projects may be exempt from review if they are determined by the director of planning not to be significant in terms of potential impacts to surrounding land uses and meet all other minimum city standards.
(2) Residential developments having two (2) or more total units on a parcel, unless otherwise exempted under this chapter.
(3) Relocated or moved buildings.
(4) Changes in historic site or neighborhood combining districts which the planning director determines are not significant, and thereby do not require further review, may receive an administratively approved architectural and site review permit, either through a new architectural and site review permit or through a minor modification process pursuant to subsection (b) of this section.

The historic heritage committee shall review and make recommendations to the planning commission on applications for architectural and site approval which

involve significant changes, and shall be bound by any uniform standards adopted by the city council or planning commission relating to the intent, scope or review of architectural and site approval requirements. The planning commission shall review and may issue architectural and site approval for the following uses:
a. Remodeling or construction in a historic neighborhood combining district, as defined in section 30.27.40(a), involving significant changes, as determined by the planning director.
b. Remodeling or construction in a historic site combining district, as defined in section 30.27.40(b), involving significant changes, as determined by the planning director.
(5) Development of four (4) or more single-family residential parcels which have been created from the same parcel map, tentative map or final map. (6) Site improvements in commercial and industrial districts intended to allow for establishment of a new use or expansion of an existing use on property for which prior legal improvements have not been installed. Such new improvements could include, but not be limited to, grading, paving and fencing. (7) Use of a lot for outdoor uses or storage purposes, except for exterior storage in private residential yards that conforms to other provisions of the municipal code.
(8) Homes and accessory structures requiring building permits within the residential hillside zoning district, except for those accessory structures approved under the minor modification provisions in subsection (b) of this section. (9) Building demolitions, except for the following:
a. Demolition of a nonhistoric single-family home for which building permits have been issued for a replacement single-family house. For the purposes of this section, a historic home shall be any home in the historic neighborhood combining district, a designated historic site, or any structure meeting the criteria established in section 30.27.30. b. Demolition or removal of a building which the city building official has determined to be an immediate threat to public health or safety. c. Demolition or removal of a building that has been ordered to be removed or demolished by the code enforcement appeals hearing board or by a court of law.

d. Demolition or removal of residential accessory structures, except for historic properties (subject to section 30.27.50), and subject to the provision of on-site parking.
e. Demolitions of nonresidential buildings no greater than one thousand (1,000) square feet that are approved through the minor modification process.
f. Demolitions that, due to their size, nature, condition, or other factors, are determined by the community development director or designee to not require an architectural and site permit.
(10) The creation, on or above ground, through installation, construction, or replacement, of two thousand five hundred (2,500) square feet or more of impervious surface, except that single-family detached residences that are not within the residential hillside zoning district, a planned unit development overlay district, or the historic neighborhood combining district are not subject to the architectural and site permit process. For purposes of this section, the calculation of the two thousand five hundred (2,500) square feet of new or replaced impervious surface shall represent the total of all newly created impervious surfaces, whether on structures, pavement, or any other surface. (11) Changes identified in subsection (b) of this section that are not approved as a minor modification.

Any other remodeling, except as indicated above or as indicated in subsection (b) of this section, shall be exempt from architectural and site or minor modification approval. For changes requiring a minor modification or architectural and site review permit, a building permit shall not be issued until architectural and site or minor modification approval is obtained from the community development director or the planning commission, if appealed.
(b) Architectural and Site Review Permits Requiring Planning Commission Review.
(1) Planning Commission Review of Architectural and Site Review Permits with an Environmental Impact Report that identifies Significant and Unavoidable Impacts. Notwithstanding any other provision of this section assigning review authority to the Community Development Director or designee, the Planning Commission shall review and decide, at a duly noticed public hearing, any application for architectural and site review permit for a development project for which an Environmental Impact Report with one or more significant and unavoidable impacts has been or

is required to be prepared under the California Environmental Quality Act. In acting on such an application, the Planning Commission shall apply the same scope of review, findings, and conditions set forth in Sections 30.50.43 and 30.50.44. All other applications for architectural and site approval shall continue to be reviewed and decided administratively by the Community
Development Director or designee.
(c) Enhanced Public Outreach for Certain Projects. Enhanced public outreach is required for any architectural and site review permit application for any new nonresidential (commercial or industrial) project 15,000 square feet or larger, once it is deemed complete.
(1) Applicant Notice and Community Meeting. The applicant shall (i) host a community meeting at which the applicant presents the project and gathers feedback prior to a decision on the application (ii) mail notice of a community meeting to property owners and residents within a radius of one thousand (1,000) feet of the project’s property line, no later than 14 days before the community meeting; (iii) publish a newspaper notification in the local newspaper no later than 14 days before the community meeting; and (iv) document its community engagement efforts, by providing a copy of the mailed notice, the mailing list, and a summary of comments received to the project planner. No decision shall be issued on an application subject to this subsection until the requirements of this subsection have been satisfied.
(b d) Minor Modifications. A minor modification may be conducted only where such approval would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city’s general plan and the provisions of the City Code. The intent of the minor modification process is to facilitate minor changes that maintain or improve the aesthetic, historic, architectural, landscape, or other qualities of properties. Minor modifications consistent with this section may, without limitation, be conducted to implement section 30.26.50(b), 30.50.47(d), or 30.50.50(g).

No proposals requiring a new negative declaration, mitigated negative declaration, or environmental impact report as clearance under the California Environmental Quality Act shall be allowed through the minor modification process.

The community development director or designee may, at the director’s sole discretion, approve a minor modification for the following elements, subject to and in accordance with the provisions of this section:
(1) Changes to previously approved development permits but only for minor modification of architectural elements, exterior lighting or landscape details (including but not limited to minor storefront alterations, relocation of doors,

equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project. (2) The creation, on or above ground, through installation, construction, or replacement, of less than two thousand five hundred (2,500) square feet of impervious surface, except that single-family detached residences that are not within the residential hillside zoning district, a planned unit development overlay district, or the historic neighborhood combining district are not subject to the minor modification process. For purposes of this section, the calculation of the maximum square feet of new or replaced impervious surface shall represent the total of all newly created impervious surfaces, whether on structures, pavement, or any other surface.
(3) The replacement, repaving, reconfiguration, or restriping of parking spaces on existing surfaces.
(4) Building additions or accessory structures of less than one thousand (1,000) square feet or less than twenty percent (20%) of the building area prior to the addition in area, whichever is smaller, to nonresidential buildings. (5) Building additions or accessory structures of two hundred fifty (250) square feet in total area or less, or less than twenty percent (20%) of the total building area prior to the addition, whichever is smaller, to hillside single-family residences, residences in planned unit development overlay zones, a duplex, or a multiple-family building; provided, that current parking regulations are being met and would continue to be met after the completion of any addition and provided that site amenities are not adversely impacted. (6) Above ground storage tanks of two thousand (2,000) gallons or less in zoning districts other than industrial zoning districts and an above ground storage tank of ten thousand (10,000) gallons or less in an industrial zoning district. (7) Demolition of nonresidential buildings less than one thousand (1,000) square feet.
(8) For properties designated as a historic site or within a historic neighborhood combining district, minor modifications can be processed and approved for the following:
a. Minor modifications of architectural elements, landscape details (including but not limited to equipment screening, minor landscape furniture and structures, benches, small trellises and planters), or installation of new or additional pavement that do not affect the historic

significance, use, intensity, general character, architectural style, circulation or other site function of the property.
b. Accessory structures or building additions that do not exceed two hundred fifty (250) square feet in area and that are consistent with historic compatibility criteria and applicable design guidelines and standards. (9) Other similar minor items, as determined by the community development director.

The decision to grant, deny or condition a minor modification is an administrative determination and requires no hearing or public notice. The action of the community development director or designee shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to a minor modification or to require the director to issue a minor modification. If the community development director denies a minor modification, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.

Where property was developed prior to the requirement of an architecture and site permit, minor modifications for projects as set forth in this subsection (b) may be approved without the necessity of the issuance of a full site architecture and site permit.

The minor modification process may, at the community development director’s discretion, also be used to make the above-noted modifications to an approved planned unit development permit.

30.50.47 Terms of approval.
(a) Time Limits. If any development for which architectural and site approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the planning director. (b) Transfer. Architectural and site approval shall be deemed revoked if the use for which the approval is granted is changed unless, upon application to the planning director, the approval is transferred. The planning director shall transfer the approval to the new use if the previous approval meets the requirements of this section for the changed use. If the planning director does not reissue the approval, a new application must be filed.
(c) Conformance to Approval. Development for which architectural and site approval has been granted shall conform to the approval and any conditions attached thereto.

(d) Modification. Upon request of the applicant, modifications of the approved plan, which meet the requirements of this chapter, may be approved by the planning director. (e) Appeal. Anyone so desiring may appeal the decision of the planning director by written request to the planning commission and payment of the appeal fee within twenty (20) days of the planning director’s determination. An administrative decision of the Community Development Director or designee under this article may be appealed to the Planning Commission, and any decision of the Planning Commission on that appeal or rendered under Section 30.50.41(b) may be appealed to the City Council, in each case by written request and payment of the appeal fee filed within twenty (20) days of the decision.

All other provisions of Gilroy Zoning Code Sections 30.50.40 through 30.50.47 not expressly amended by this Exhibit shall remain in full force and effect.

ORDINANCE 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE GILROY CITY CODE,
CHAPTER 30 (ZONING), ARTICLE L (PLANNING

DEPARTMENT APPLICATIONS), REGARDING THE

ARCHITECTURAL AND SITE REVIEW PERMIT

PROCESS
WHEREAS, Architectural and Site Review Permit process is established in the Gilroy City Code, Chapter 30, Article L, Sections 30.50.40 through 30.50.47. Under the current Zoning Code, the Community Development Director or designee is authorized to act on certain Architectural and Site Review Permit applications as an administrative determination. This process does not require a public hearing or public notice; and WHEREAS, on January 25, 2026, Councilmembers Kelly Ramirez and Carol Marques submitted a Future Agenda Item Request (FAIR) Memo to the City Administrator requesting that staff review the Architectural and Site Review Permit process and propose options to increase public engagement and notice for certain projects; and
WHEREAS, on March 16, 2026, after staff presented a brief report describing the current Architectural and Site Review Permit process and initial considerations, the City Council directed staff to present options identifying which Architectural and Site Review Permit applications may be appropriate to require public hearings and which decision-making body may be appropriate to conduct them, to ensure residents have a meaningful opportunity to participate; and WHEREAS, on June 15, 2026, after reviewing staff recommendations, the City Council directed staff to develop a zoning amendment dedicated to enhancing public outreach for certain Architectural and Site Review Permit applications. The Council also directed staff to prepare a zoning amendment requiring Planning Commission review and approval of Architectural and Site Review Permits for projects with an Environmental Impact Report that identifies significant and unavoidable impacts; and
WHEREAS, the proposed zoning amendment requires enhanced public outreach for any new non-residential (commercial or industrial) projects 15,000 square feet or larger once an Architectural and Site Review Permit application is deemed complete. Outreach measures include newspaper notification, city digital communications, applicant-mailed notices, and a community meeting. These steps ensure residents and property owners have a meaningful opportunity to review and comment on such projects; and
WHEREAS, the zoning amendment would further require that the Planning Commission review and serve as the decision-authority on Architectural and Site Review Permit applications at a duly noticed public hearing for any development project with an Environmental Impact Report under the California Environmental Quality Act (CEQA), while preserving administrative review of all other Architectural and Site Review Permit applications by the Community Development Director or designee and the existing two-step (Planning Commission then Council) appeal structure; and

WHEREAS, the proposed zoning amendments are consistent with the Gilroy 2040 General Plan, including Land Use Element Goal LU 1 (Protect and enhance Gilroy’s quality of life and unique identity while continuing to grow and change), Goal LU 5 (Encourage, facilitate, and support the development of new employment and industrial uses and retention of existing industry to ensure compatibility with existing surrounding uses and planned uses), Policy LU 3.5 (Encourage infill developments that enhance neighborhood quality and respond to community input in the planning and design of infill projects or non-residential, neighborhood-serving uses), and Goal LU 8 (Support growth and development that preserves and strengthens the City’s historic small-town character; provides and maintains safe, livable, and affordable neighborhoods; and creates beautiful places), in that the Zoning Ordinance is the primary tool used to implement the General Plan and the amendments advance compatible development, neighborhood protection, community participation, and high-quality, publicly accountable review; and
WHEREAS, the City Council finds that the adoption of the proposed zoning amendments is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), the "common sense" exemption, because it can be seen with certainty that there is no possibility the amendments may have a significant effect on the environment, in that the amendments establish procedural review, public hearing, and noticing requirements for the processing of Architectural and Site Review Permits and do not authorize, approve, or entitle any specific development, and each future project remains subject to its own project-level environmental review; and WHEREAS, on July 16, 2026, the Planning Commission held a duly noticed public hearing, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Amendments, and recommended that the City Council approve the proposed amendments with some modifications; and
WHEREAS, on August 17, 2026, the City Council held a duly noticed public hearing at which time the City Council received and considered the proposed adoption of the Zoning Amendments, took and considered written and oral public testimony, the staff report, the Planning Commission recommendation, and all other documentation related to the proposed amendments; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning) and Article L (Planning Department Applications), set forth in Exhibit ‘A’ regarding Architectural and Site Review, are hereby adopted.

SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

SECTION IV
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the __ day of ___ 2026 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

Exhibit ‘A’
AMENDMENTS TO THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE L (PLANNING DEPARTMENT APPLICATIONS) (SECTIONS 30.50.40-30.50.47) Gilroy Zoning Code Sections 30.50.40 through 30.50.47 (Architectural and site review) are amended as set forth below. Replaced text is shown as strikethrough and new text is shown underlined and in red, as shown below

30.50.41 Review.
(a) Architectural and Site Review Permits. The community development director or designee shall review and decide applications for architectural and site approval, and shall be bound by any uniform standards adopted by the city council or planning commission relating to the intent, scope or review of architectural and site approval requirements. Any decision to issue an architectural and site approval is a discretionary decision subject to the California Environmental Quality Act. The community development director or designee shall review and may issue architectural and site approval for the following uses:
(1) Construction, installation, or major remodeling of structures in an industrial, commercial, professional office, public facilities or open space zone. Installation includes the location of trailers and mobile units on a site, unless such structures are temporary in nature in compliance with Article XLVII, Temporary Uses. Major remodeling includes building additions, as well as alterations within any twelve (12) month period exceeding fifty percent (50%) of the floor area, facade or value of the existing building. The value shall be determined by the city building department. Major interior remodeling projects may be exempt from review if they are determined by the director of planning not to be significant in terms of potential impacts to surrounding land uses and meet all other minimum city standards.
(2) Residential developments having two (2) or more total units on a parcel, unless otherwise exempted under this chapter.
(3) Relocated or moved buildings.
(4) Changes in historic site or neighborhood combining districts which the planning director determines are not significant, and thereby do not require further review, may receive an administratively approved architectural and site review permit, either through a new architectural and site review permit or through a minor modification process pursuant to subsection (b) of this section.

The historic heritage committee shall review and make recommendations to the planning commission on applications for architectural and site approval which

involve significant changes, and shall be bound by any uniform standards adopted by the city council or planning commission relating to the intent, scope or review of architectural and site approval requirements. The planning commission shall review and may issue architectural and site approval for the following uses:
a. Remodeling or construction in a historic neighborhood combining district, as defined in section 30.27.40(a), involving significant changes, as determined by the planning director.
b. Remodeling or construction in a historic site combining district, as defined in section 30.27.40(b), involving significant changes, as determined by the planning director.
(5) Development of four (4) or more single-family residential parcels which have been created from the same parcel map, tentative map or final map. (6) Site improvements in commercial and industrial districts intended to allow for establishment of a new use or expansion of an existing use on property for which prior legal improvements have not been installed. Such new improvements could include, but not be limited to, grading, paving and fencing. (7) Use of a lot for outdoor uses or storage purposes, except for exterior storage in private residential yards that conforms to other provisions of the municipal code.
(8) Homes and accessory structures requiring building permits within the residential hillside zoning district, except for those accessory structures approved under the minor modification provisions in subsection (b) of this section. (9) Building demolitions, except for the following:
a. Demolition of a nonhistoric single-family home for which building permits have been issued for a replacement single-family house. For the purposes of this section, a historic home shall be any home in the historic neighborhood combining district, a designated historic site, or any structure meeting the criteria established in section 30.27.30. b. Demolition or removal of a building which the city building official has determined to be an immediate threat to public health or safety. c. Demolition or removal of a building that has been ordered to be removed or demolished by the code enforcement appeals hearing board or by a court of law.

d. Demolition or removal of residential accessory structures, except for historic properties (subject to section 30.27.50), and subject to the provision of on-site parking.
e. Demolitions of nonresidential buildings no greater than one thousand (1,000) square feet that are approved through the minor modification process.
f. Demolitions that, due to their size, nature, condition, or other factors, are determined by the community development director or designee to not require an architectural and site permit.
(10) The creation, on or above ground, through installation, construction, or replacement, of two thousand five hundred (2,500) square feet or more of impervious surface, except that single-family detached residences that are not within the residential hillside zoning district, a planned unit development overlay district, or the historic neighborhood combining district are not subject to the architectural and site permit process. For purposes of this section, the calculation of the two thousand five hundred (2,500) square feet of new or replaced impervious surface shall represent the total of all newly created impervious surfaces, whether on structures, pavement, or any other surface. (11) Changes identified in subsection (b) of this section that are not approved as a minor modification.

Any other remodeling, except as indicated above or as indicated in subsection (b) of this section, shall be exempt from architectural and site or minor modification approval. For changes requiring a minor modification or architectural and site review permit, a building permit shall not be issued until architectural and site or minor modification approval is obtained from the community development director or the planning commission, if appealed.
(b) Architectural and Site Review Permits Requiring Planning Commission Review. (1) Planning Commission Review of Architectural and Site Review Permits with an Environmental Impact Report. Notwithstanding any other provision of this section assigning review authority to the Community Development Director or designee, the Planning Commission shall review and decide, at a duly noticed public hearing, any application for architectural and site review permit for a development project for which an Environmental Impact Report has been or is required to be prepared under the California Environmental Quality Act. In acting on such an application, the Planning Commission shall apply the same scope of review, findings, and conditions set forth in Sections 30.50.43 and 30.50.44. All other applications for architectural and site approval shall continue to be

reviewed and decided administratively by the Community Development Director or designee.
(c) Enhanced Public Outreach for Certain Projects. Enhanced public outreach is required for any architectural and site review permit application for any new nonresidential (commercial or industrial) project 15,000 square feet or larger, once it is deemed complete.
(1) Applicant Notice and Community Meeting. The applicant shall (i) host a community meeting at which the applicant presents the project and gathers feedback prior to a decision on the application (ii) mail notice of a community meeting to property owners and residents within a radius of one thousand (1,000) feet of the project’s property line, no later than 14 days before the community meeting; (iii) publish a newspaper notification in the local newspaper no later than 14 days before the community meeting; and (iv) document its community engagement efforts, by providing a copy of the mailed notice, the mailing list, and a summary of comments received to the project planner. No decision shall be issued on an application subject to this subsection until the requirements of this subsection have been satisfied.
(b d) Minor Modifications. A minor modification may be conducted only where such approval would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city’s general plan and the provisions of the City Code. The intent of the minor modification process is to facilitate minor changes that maintain or improve the aesthetic, historic, architectural, landscape, or other qualities of properties. Minor modifications consistent with this section may, without limitation, be conducted to implement section 30.26.50(b), 30.50.47(d), or 30.50.50(g).

No proposals requiring a new negative declaration, mitigated negative declaration, or environmental impact report as clearance under the California Environmental Quality Act shall be allowed through the minor modification process.

The community development director or designee may, at the director’s sole discretion, approve a minor modification for the following elements, subject to and in accordance with the provisions of this section:
(1) Changes to previously approved development permits but only for minor modification of architectural elements, exterior lighting or landscape details (including but not limited to minor storefront alterations, relocation of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project.

(2) The creation, on or above ground, through installation, construction, or replacement, of less than two thousand five hundred (2,500) square feet of impervious surface, except that single-family detached residences that are not within the residential hillside zoning district, a planned unit development overlay district, or the historic neighborhood combining district are not subject to the minor modification process. For purposes of this section, the calculation of the maximum square feet of new or replaced impervious surface shall represent the total of all newly created impervious surfaces, whether on structures, pavement, or any other surface.
(3) The replacement, repaving, reconfiguration, or restriping of parking spaces on existing surfaces.
(4) Building additions or accessory structures of less than one thousand (1,000) square feet or less than twenty percent (20%) of the building area prior to the addition in area, whichever is smaller, to nonresidential buildings. (5) Building additions or accessory structures of two hundred fifty (250) square feet in total area or less, or less than twenty percent (20%) of the total building area prior to the addition, whichever is smaller, to hillside single-family residences, residences in planned unit development overlay zones, a duplex, or a multiple-family building; provided, that current parking regulations are being met and would continue to be met after the completion of any addition and provided that site amenities are not adversely impacted. (6) Above ground storage tanks of two thousand (2,000) gallons or less in zoning districts other than industrial zoning districts and an above ground storage tank of ten thousand (10,000) gallons or less in an industrial zoning district. (7) Demolition of nonresidential buildings less than one thousand (1,000) square feet.
(8) For properties designated as a historic site or within a historic neighborhood combining district, minor modifications can be processed and approved for the following:
a. Minor modifications of architectural elements, landscape details (including but not limited to equipment screening, minor landscape furniture and structures, benches, small trellises and planters), or installation of new or additional pavement that do not affect the historic significance, use, intensity, general character, architectural style, circulation or other site function of the property.

b. Accessory structures or building additions that do not exceed two hundred fifty (250) square feet in area and that are consistent with historic compatibility criteria and applicable design guidelines and standards. (9) Other similar minor items, as determined by the community development director.

The decision to grant, deny or condition a minor modification is an administrative determination and requires no hearing or public notice. The action of the community development director or designee shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to a minor modification or to require the director to issue a minor modification. If the community development director denies a minor modification, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.

Where property was developed prior to the requirement of an architecture and site permit, minor modifications for projects as set forth in this subsection (b) may be approved without the necessity of the issuance of a full site architecture and site permit.

The minor modification process may, at the community development director’s discretion, also be used to make the above-noted modifications to an approved planned unit development permit.

30.50.47 Terms of approval.
(a) Time Limits. If any development for which architectural and site approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the planning director. (b) Transfer. Architectural and site approval shall be deemed revoked if the use for which the approval is granted is changed unless, upon application to the planning director, the approval is transferred. The planning director shall transfer the approval to the new use if the previous approval meets the requirements of this section for the changed use. If the planning director does not reissue the approval, a new application must be filed.
(c) Conformance to Approval. Development for which architectural and site approval has been granted shall conform to the approval and any conditions attached thereto. (d) Modification. Upon request of the applicant, modifications of the approved plan, which meet the requirements of this chapter, may be approved by the planning director.

(e) Appeal. Anyone so desiring may appeal the decision of the planning director by written request to the planning commission and payment of the appeal fee within twenty (20) days of the planning director’s determination. An administrative decision of the Community Development Director or designee under this article may be appealed to the Planning Commission, and any decision of the Planning Commission on that appeal or rendered under Section 30.50.41(b) may be appealed to the City Council, in each case by written request and payment of the appeal fee filed within twenty (20) days of the decision.

All other provisions of Gilroy Zoning Code Sections 30.50.40 through 30.50.47 not expressly amended by this Exhibit shall remain in full force and effect.

9.1. City of Gilroy

STAFF REPORT
Agenda Item Title: Authorization for Council Travel to the League of California Cities Annual Conference, Selection of Voting Delegate, and Direction Regarding the Proposed League Resolution
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Administration
Submitted by: Kim Mancera, City Clerk
Prepared by: Kim Mancera, City Clerk
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION

1. Authorize Travel for Council Member Ramirez to attend the League of California Cities (League) Annual Conference;

2. Select Council Member Ramirez as the voting delegate; and

3. Identify if Council desires to vote no or abstain in voting on the League resolution.

EXECUTIVE SUMMARY

BACKGROUND
The League of California Cities Annual Conference is scheduled to take place from September 23-25, 2026, in Anaheim. As a member agency of the League of California Cities, Gilroy has the opportunity to participate not only in the conference for the educational seminars, but also in the consideration of a resolution, if a petitioned resolution is introduced and qualified, at the General Assembly meeting on Friday, September 25th at 8:30 AM. At this time, Council Member Ramirez is planning on

9.1. attending the Conference.

ANALYSIS
Authorization of Council Travel
Pursuant to the City’s Travel and Expense Policy, travel for Council Members must be approved by the City Council. At this time, there is one member of the City Council planning to attend, and staff recommends Council authorization of their travel. The Conference presents an opportunity to learn of key issues facing cities, and to learn of ways other cities have resolved issues or made improvements to their communities that might be transferable to Gilroy.

Authorized travel is estimated to cost approximately $2,100. This cost will be paid from existing appropriations for professional development and meeting expenses. This cost includes the event registration ($675), airfare plus hotel/airport transportation ($450), hotel ($780), and per diem for meals and incidentals at the U.S. General Services Administration rates for Los Angeles County ($195).

Appointment of Voting Delegate
To vote in the General Assembly, each city in the League may appoint a voting delegate to represent the city and cast a vote. Each city may also appoint up to two alternates to vote in lieu of the voting delegate in the event that the delegate is not able to be present at the General Assembly.

League Resolution
Attached is the resolution packet for the 2026 Conference. There is one resolution that is policy related for consideration. Should a council member determine that they wish to pull the resolution for discussion or to provide direction to not approve the item, then during this report a member may do so. Staff has briefly reviewed the resolution, and the resolution does not create either a financial or operational impact on the City. For that reason, staff is not issuing a recommendation on the resolution.

ALTERNATIVES
Council may choose not to approve the Council travel and not appoint a voting delegate. This is not recommended as the conference grants the ability to learn best practices to bring back to Gilroy, as well as being an event that sparks new ideas to explore in delivering services to the community.

FISCAL IMPACT/FUNDING SOURCE
Authorized travel expenses are estimated to cost approximately $2,100. No budget action is requested as there is sufficient appropriations already approved for Council professional development and meeting expenses, and is funded by the General Fund

9.1. (100).

PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.

NEXT STEPS
Should Council appoint a voting delegate and any alternates, staff will submit the name(s) to the League.

Attachments:

1. 2026-voting-delegate-information-packet

2. 2026-cal-cities-resolution-packet

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026

alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

2025-2026

CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito
First Vice President
Teresa Acosta
Council Member
Carlsbad
Second Vice President
David Cohen
Council Member
San Jose
Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 10, 2026
TO: Cal Cities Members
RE: Cal Cities 2026 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.

The attached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.

We encourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.

Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.

The 2026 General Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.

For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.

2026
Resolution
Packet

2026 Resolution Packet
Information on 2026 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, Cal Cities President Gabe Quinto has referred the submitted resolution to the Housing, Community, and Economic Development Committee. The committee will meet on Thursday, Sept. 17, at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting is on page two of this packet.

Consideration by Resolutions Committee (during conference) On Thursday, Sept. 24, at 1:00 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consist of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting is on page two of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Friday, Sept. 25, at 8:30 a.m. to consider any resolutions the Resolutions Committee has forwarded. To vote during the General Assembly, voting delegates must have checked in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Thursday, Sept. 24. For more information on voting and discussion procedures during the General Assembly, see page three of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1

2026 Resolution Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The table below shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 2

2026 Resolution Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. If an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome, a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
3

2026 Resolution Packet
2026 Resolution

1. Resolution No. 1 submitted by City of Murrieta
• Letters of concurrence submitted by:
i. City of Banning;
ii. City of Calimesa;
iii. City of Canyon Lake;
iv. City of Moreno Valley;
v. City of Norco;
vi. City of Torrance;
vii. Crystal Ruiz, Mayor, City of San Jacinto;
viii. Jessica Alexander, Mayor, City of Temecula
• Referred to Housing, Community, and Economic Development Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
4

2026 Resolution Packet
Resolution No. 1
Submitted by City of Murietta
5

2026 Resolution Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES

CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL

AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER

HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdiction in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amendment or other legislative, policy, or ballotbased strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
6

2026 Resolution Packet
BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.
7

2026 Resolution Packet
Resolution No. 1: Background
Information
8

2026 Resolution Packet
Background Information for Resolution
Source: City of Murrieta
Background:

California cities are responsible for planning residential growth, adopting general plans and zoning regulations, reviewing development proposals, and providing or coordinating the infrastructure and public services necessary to support new housing. Since 2010, the State has enacted more than 500 housing-related laws that have increasingly shifted housing and land use authority away from local governments. These laws have expanded by-right development, limited locally adopted standards and review processes, and established enforcement mechanisms, including the builder’s remedy, that may override local plans and zoning. Although these measures are frequently presented as solutions to housing affordability, many increase development capacity or restrict local review without delivering the meaningful production of housing needed to address the housing crisis.

At the same time, the State has continued to prioritize increased development capacity without adequately accounting for the infrastructure, public services, economic realities, and safety measures necessary to support housing growth.

State mandates often fail to reflect local conditions, including roadway and utility capacity, water availability, wildfire exposure, environmental limitations, fiscal impacts, and the availability of essential services. Cities are consequently required to accommodate additional housing while receiving no funding or assistance to address the resulting infrastructure and service demands.

Local elected officials are directly accountable to the residents who experience the effects of development decisions and are responsible for balancing housing production with infrastructure capacity, public safety, environmental protection, fiscal sustainability, and community needs. Cities of all types in California have been grappling with this dynamic, ranging from urban to rural, coastal to inland, small to large, northern to southern, voicing concerns to legislative representatives with minimal responsiveness. This is an issue of statewide concern that needs the strength and diversity of the League of California Cities to pursue a long-term solution.

The proposed resolution directs the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. The working group would be tasked with developing a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life-safety, and environmental requirements, while restoring meaningful local authority to allow cities to determine how statewide housing 9

2026 Resolution Packet
objectives should be implemented in a manner that reflects local conditions and community priorities while continuing to support responsible housing production.

As the primary statewide organization representing California cities, the League is uniquely positioned to lead this effort. Its established policy, legal, legislative, communications, and advocacy networks enable it to convene municipalities, evaluate potential strategies, conduct legal and fiscal analyses, build consensus, engage stakeholders, and coordinate with statewide decision-makers. League leadership would help ensure that any recommendation reflects the collective interests of California municipalities and would provide the credibility, organizational capacity, and statewide reach necessary to advance a viable strategy.
10

2026 Resolution Packet
Resolution No. 1: Letters of
Concurrence
11

12

13

July 23, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and

25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Canyon Lake, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Arron Brown
City Manager
City of Canyon Lake
14

July 23, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches to address increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Moreno Valley, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Brian Mohan
City Manager
City of Moreno Valley

15

July 22, 2026
President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority
Dear President Quinto,
The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of the Norco, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,
Kevin Bash
City Council Member
(951) 768-8981
16

17

18

19

20

July 23, 2026
Mr. Gabe Quinto, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Subject: Support for the City of Murrieta's Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority Dear President Quinto:

I am writing in my individual capacity as Mayor of the City of Temecula to express my strong support for the City of Murrieta's proposed resolution for consideration by the General Assembly of the League of California Cities at the 2026 Annual Conference.

The proposed resolution presents an important opportunity to thoughtfully evaluate the appropriate balance between California's statewide housing objectives and the constitutional principle of local governance. Establishing a statewide working group to examine a potential constitutional amendment, legislative reforms, or other policy initiatives will provide a meaningful forum to assess how local authority over housing and land use decisions can be strengthened while continuing to address the State's housing challenges.

Cities are uniquely positioned to understand the needs, opportunities, and constraints of their communities. Local elected officials are accountable to the residents they serve and are best equipped to make land use decisions that reflect a community's character, infrastructure capacity, economic development goals, environmental stewardship, and long-term vision. Equally important, local governments bear the primary responsibility for protecting public safety. Decisions regarding housing density, transportation, emergency access, wildfire preparedness, evacuation routes, police and fire service capacity, water availability, and critical infrastructure are inherently local matters that require the knowledge and judgment of those who serve their communities every day.

While the State has an important role in addressing California's housing needs, a collaborative approach that respects local expertise and preserves meaningful local discretion will produce stronger, safer, and more sustainable communities. The proposed working group offers an opportunity to evaluate policies that achieve these shared objectives while restoring an appropriate balance between state direction and local authority.
21

Mr. Gabe Quinto, President
League of California Cities
July 23, 2026

Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.

Thank you for your leadership and your thoughtful consideration of this important issue.

Respectfully,
Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.
22

2026 Resolution Packet
Resolution No. 1: Staff Analysis
23

League of California Cities Staff Analysis on Resolution No. 1 Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development Summary:

Resolution No.1 states that the League of California Cities (Cal Cities) will:

1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.

Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.

2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.

The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.” Background:

As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.

Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24

local infrastructure, public service needs, public safety, market, and fiscal considerations.

The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.

Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.

The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.

The constitution’s broad grant of police power contains a significant limitation.

Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.

An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.

Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required. 25

Discussion:

The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.

A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.

A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.

A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.

Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.

In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.

Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant. 26

Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.

Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27

governments and should have equal status with the other elements of the general plan.

Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.

Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.

Support:

The following letters of concurrence were received:

City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
28

9.2. City of Gilroy

STAFF REPORT
Agenda Item Title: Amazon Data Services Reimbursement Agreement for Recycled Water Improvements and Memorandum of
Understanding with South County Regional Wastewater
Authority
Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Public Utilities
Submitted by: Derek Cray, Public Utilities Director
Prepared by: Derek Cray, Public Utilities Director
STRATEGIC PLAN GOALS: Promote Economic Development Activities Maintain and Improve City Infrastructure

RECOMMENDATION

1. Approve the Agreement with Amazon Data Services to reimburse the City of Gilroy (City) for design and construction of Recycled Water Improvements at the South County Regional Wastewater Authority site; and

2. Direct staff to engage with South County Regional Wastewater Authority (SCRWA) representatives to negotiate and execute a Memorandum of Understanding for reimbursement of the recycled water improvements.

EXECUTIVE SUMMARY
Amazon Data Services (Amazon) currently has a project underway to construct a data center in the City of Gilroy, located on a 56-acre undeveloped parcel located at the southeast end of Arroyo Circle. As approved, the data center will be constructed in two phases, and Amazon must use recycled water for the majority of its industrial water within two years after the last certificate of occupancy for phase one, or the first certificate of occupancy for phase 2, whichever occurs first. The recycled water is produced at the wastewater treatment plant operated under the South County Regional

9.2. Wastewater Authority (SCRWA).

As a condition of approval of its data center project, Amazon is obligated to ensure that the recycled water system at the SCRWA site is able to provide the necessary recycled water to its site. This will require large-scale improvements at the SCRWA facility at the full expense of Amazon. Those improvements include a 3-million-gallon (MG) reservoir, new piping, appurtenances, and a pumping conveyance system. Additional improvements for piping to the project site within the public right-of-way will occur under an encroachment permit issued to Amazon at a later point.

This report details agreements between Amazon and the City, the City and SCRWA for reimbursement of costs for design and construction of the project components at SCRWA. All agreements include full compensation of the City and SCRWA for the cost of improvements, including hard and soft costs.

BACKGROUND
In July of 2020, Amazon filed a pre-application with the City to construct a data center on a vacant 56-acre parcel located at the southeast end of Arroyo Circle. In November of that same year, Amazon filed a formal Architectural and Site Review Permit application for the data center. The project proposes to construct a two-phase data center campus supporting two data center buildings and a security building totaling approximately 438,500 square feet. The project site is designated General Industrial under the City’s 2040 General Plan and for decades prior to the adoption of this most recent General Plan. The purpose of this land use designation is to provide areas for heavy industrial use. The proposed data center project is consistent with this designation.

Amazon’s application triggered the preparation of an Environmental Impact Report (EIR). On August 12, 2024, the draft EIR was released for public comment and was circulated for a 45-day public review period. On July 3, 2025, the City adopted California Environmental Quality Act (CEQA) Findings with a Statement of Overriding Consideration certifying the EIR (State Clearinghouse #2022110127) and adopted a Mitigation Monitoring and Reporting Program (MMRP) for the Gilroy Data Center and approved the Architectural and Site Review Permit for the project. Conditions of approval, including specific provisions related to recycled water, were provided to Amazon at this time.

Project Water Use:

The data center project will be built in two phases with the use of water, both domestic and recycled, identified in the conditions of approval for the project. Phase 1 will include a 218,000 SF data center building and an on-campus security building. Phase 2 will include a second data center building (218,000 SF).

9.2. The City contracted for a Water Supply Assessment (WSA) for the EIR to determine the impact of the data center project on the City's water supply. According to the WSA, the industrial, irrigation, and domestic water use associated with project operations equals up to 23 acre-feet per year (AFY) or 7,494,550 gallons per year. Industrial and irrigation demands, which make up 91% of the 23 acre-feet, would be seasonal with most of the water use occurring in the summer months for cooling and irrigation purposes. The conclusion of the WSA is that there will be sufficient groundwater supplies to meet current and projected water demand through 2045, including new demand generated by the data center project. However, in order to minimize the use of potable water by the data center project, Amazon was conditioned by the City to utilize recycled water from the regional wastewater treatment plant for site water needs.

Bringing recycled water to the data center site will require Amazon to build a 300,000- gallon reservoir on the data center site, a 3-MG reservoir at the SCRWA site, and a pipeline to the data center site. To ensure that recycled water is delivered to the data center site by Amazon in accordance with the project conditions and in a timely manner, the following milestones have been imposed on Amazon:
• The design and 100% construction documents for the recycled water improvements must be prepared and signed by a registered professional engineer and submitted to the City prior to issuance of the last Certificate of Occupancy of Phase 1. • Construction documents are to be approved and signed by the City and Valley Water prior to the issuance of Phase 2 building permits.
• Amazon must complete the Recycled Water System Upgrades no later than two years from the issuance of the last Certificate of Occupancy of Phase 1 or the first Certificate of Occupancy of Phase 2, whichever occurs first. • Amazon must connect the site to the recycled water system upon the system becoming operational.

Amazon has been issued a building permit for Phase 1 and construction is now underway. Per the conditions laid out for the project, Phase 1 will be allowed to use City water for domestic and industrial uses on a temporary basis. Once the recycled water infrastructure is in place and operational, the data center must then convert to recycled water for its industrial and irrigation water needs (Phases 1 and 2). Once recycled water is in place City municipal water use for the site will be reduced significantly to approximately 2 AFY.

For purposes of the proposed reimbursement agreement in this report, the 3-MG reservoir and pump station at the SCRWA site is subject to the terms of the attached agreement. All other recycled water improvements (pipeline and onsite 300,000-gal reservoir) shall be built by Amazon through building and encroachment permits issued to Amazon. Amazon will conduct the associated pipeline work with project inspection by Public Works, as is typical for city recycled water projects.

Recycled Water Storage Reservoir: