HomeMy WebLinkAbout2021-07-01 City Council Regular Meeting Agenda Packet
July 1, 2021 1:34 PM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
THURSDAY, JULY 1, 2021
CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org
VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org.
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus the City Council is conducting
this meeting by web conference and will be offering alternative options for public
participation. You are encouraged to watch the City Council meeting live on the City of
Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the
website, select the City Council Meetings section on the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN
AGENDA ITEM DURING THIS MEETING, LOG INTO THE
ZOOM MEETING AND ENTER THE PASSCODE, OR
CALL THE PHONE NUMBER LISTED HERE AND
ENTER THE MEETING ID AND PASSWORD. When the
Mayor announces the item which you wish to speak
on, press *9 on your telephone keypad to raise your
hand. When called to speak, please limit your comments to three (3) minutes, or such other time
as the Mayor may decide, consistent with the time limit for all other speakers for the particular
agenda item.
COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERKS OFFICE AT
cityclerk@cityofgilroy.org, OR MAILED TO THE GILROY CITY CLERKS OFFICE AT CITY HALL
7351 ROSANNA STREET, GILROY, CA. 95020, PRIOR TO THE MEETING START, TO BE
DISTRIBUTED TO THE COUNCIL MEMBERS AND TO BE INCORPORATED INTO THE MEETING
RECORD.
In compliance with the Americans with Disabilities Act, and Governors Order N -29-20, the City will
make reasonable arrangements to ensure accessibility to this meeting. If you need special
assistance to participate in this meeting, please contact the City Clerk a minimum of 2 hours prior
to the meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be
Zoom Log In https://rb.gy/hitsnj
or Call: 1 (669) 900-6833
Meeting ID: 816 4315 4970
Passcode: 059431
City Council Regular Meeting Agenda
07/1/2021 Page2 limited to raising only those issues you or someone else raised at the public heari ng held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first an d third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN
GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE
OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN
GOVERNMENT COMMISSION STAFF AT (408) 846-0204
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Historic Heritage Committee Annual Presentation to Council
III. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Agenda
07/1/2021 Page3 PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO:
cityclerk@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to address
the Council on matters not on this agenda. The law does not permit Council action or extended
discussion of any item not on the agenda except under special circumstances. If Council action is
requested, the Council may place the matter on a future agenda. Written material provided by public
members for Council agenda item “public comment by Members of the Public on items not on the
agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided
electronically.)
City Council Regular Meeting Agenda
07/1/2021 Page4 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, South County Youth Task Force Policy
Team, Street Naming Committee, URM Task Force Sub-committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Historic Heritage Committee, Santa
Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy
Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit
Accessibility (Alternate)
Council Member Marques - Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Historic Heritage Committee (Alternate), Santa Clara
Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency
Implementation Board (alternate), South County Regional Wastewater Authority
(Alternate), URM Task Force Sub-Committee
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Recycling and
Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA
(alternate), SCVWD Water Commission (alternate), South County Regional Wastewat er
Authority Board, Street Naming Committee, VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors (alternate), Economic
Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team (alternate), VTA Mobility Partnership, VTA South County City Group, VTA
Policy Advisory Committee
Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors, Gilroy
Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task
Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Regional
Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility
Partnership, VTA Policy Advisory Committee, VTA South County City Group
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
07/1/2021 Page5 A. Adoption of a Resolution of the City Council of the City of Gilroy Setting the
Tax Rate for Fiscal Year 2021-2022 for the Gilroy Community Library
Project Bonds
B. Claim of Del Monte Partners (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the claim)
C. 6-21-21 City Council Regular Meeting Minutes
VII. BIDS AND PROPOSALS
A. Authorize the City Administrator to Enter into a Sole Source Purchase
Agreement for the Replacement of Police Computer Aided Dispatch (CAD)
and Records Management System (RMS) from Sun Ridge Systems, Inc. in
the amount of $703,232
1. Staff Report: Pedro Espinoza, Police Chief
2. Public Comment
3. Possible Action:
Authorize the City Administrator to Enter into a Sole Source Purchase Agreement
for the Replacement of Police Computer Aided Dispatch (CAD) and Records
Management System (RMS) from Sun Ridge Systems, Inc. in the Amount of
$703,232. (Roll Call Vote)
B. Approval of Agreements with CSG Consultants and 4Leaf in the Amount
Not-To-Exceed $1,715,800 each and Bureau Veritas in the Amount Not-To-
Exceed $514,740 to Provide On-Call Building and Fire Plan Check and
Inspection Services for the Initial Period of July 15, 2021 to June 30, 2024,
with Two, One-Year Extensions Possible.
1. Staff Report: Robert Carrera, Management Analyst
2. Public Comment
3. Possible Action:
Approve agreements with CSG Consultants and 4Leaf in the amount not -to-
exceed $1,715,800 each and Bureau Veritas in the amount not-to-exceed
$514,750 to provide On-Call Building and Fire Plan Check and Inspection
Services for the initial period of July 15, 2021 to June 30, 2024, with two, one -
year extensions possible, and authorize the City Administrator to execute these
agreements. (Roll Call Vote)
VIII. PUBLIC HEARINGS
A. Consideration of the Placement of Special Assessment Liens for the Non-
payment of Charges for the Collection of Garbage, Rubbish, and Refuse on
Certain Properties Located in the City of Gilroy
City Council Regular Meeting Agenda
07/1/2021 Page6 1. Staff Report: Harjot Sangha, Finance Director
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy imposing special
assessment liens for the costs of delinquent garbage collection services for certain
properties located in Gilroy, California. (Roll Call Vote)
B. Introduction of an Ordinance Amending the City Code to Combine in One
Person the Powers and Duties of the City Administrator and City Clerk
1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Introduce an Ordinance of the City Council of the City of Gilroy Amending
Chapter 2 of the Gilroy City Code to Authorize the City Council to Combine in
One Person the Powers and Duties of the Offices of City Administrator and City
Clerk. (Roll Call Vote)
IX. UNFINISHED BUSINESS
A. Adopt an Ordinance of the City Council of the City of Gilroy Amending the
Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions) to Allow Monitored Perimeter Security Fence Systems on
Commercial and Industrial Zoned Properties, Subject to Specified Criteria
In the Ordinance
1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Adopt an Ordinance of the City Council of the City of Gilroy Amending the Gilroy
City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to
Allow Monitored Perimeter Security Fence Systems on Commercial and
Industrial Zoned Properties, Subject to Specified Criteria In the Ordinance. (Roll
Call Vote)
B. Resolution Granting an Exemption from the 60-day Length of Stay
Requirement Contained in CUP 00-10 for the Garlic Farm RV Park Special
Occupancy Use.
City Council Regular Meeting Agenda
07/1/2021 Page7 1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Adopt a Resolution Granting an Exemption From the 60 -day Length of Stay
Requirement Contained in CUP 00-10 for the Garlic Farm RV Park Special
Occupancy Use. (Roll Call Vote)
C. Approval to Enter into an Exclusivity Agreement with Sharks Sports &
Entertainment, LLC to Fully Assess the Potential of Having the Sharks
Organization Operate a New Indoor Recreational Facility
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
a) Approve an exclusivity agreement with the Sharks Sports & Entertainment,
LLC, and authorize the City Administrator to execute the agreement.
b) Authorize the City Administrator to spend up to $100,000.00 from the
unrestricted general fund balance on activities related to the financial analysis
and feasibility of this project. (Roll Call Vote)
X. INTRODUCTION OF NEW BUSINESS
A. Renaming of Gilroy Senior Center to Encompass the Enhanced Recreation
and Community Services Provided
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Approve the Parks and Recreation Commission recommendation’s name change
of the “City of Gilroy Senior Center” to "City of Gilroy Community Center”. (Roll
Call Vote)
B. Approve the implementation of the 5-year plan for the Santa Clara County
Multi-Jurisdictional Program for Public Information (PPI) Associated with
the Community Rating System (CRS) of the National Flood Insurance
Program
1. Staff Report: Daryl Jordan, PE, Public Works Director
2. Public Comment
3. Possible Action:
Approve the implementation of the 5-year plan for the Santa Clara County Multi-
Jurisdictional Program for Public Information (PPI) Associated with the
Community Rating System (CRS) of the National Flood Insurance Program. (Roll
Call Vote)
C. Report on Reopening of City Offices on August 30, 2021
City Council Regular Meeting Agenda
07/1/2021 Page8 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
2. Public Comment
3. Possible Action:
Receive report and provide feedback.
Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority
XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF
DIRECTORS
Roll Call of the Board of Directors
1. Adopt a Resolution Authorizing Investment of Funds in the Local Agency
Investment Fund (LAIF)
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
Adopt a resolution of the Gilroy Public Facilities Financing Authority authorizing
investment of monies in the local agency investment fund (LAIF). (Roll Call Vote)
Adjourn to the Meeting of the Gilroy City Council
XII. CITY ADMINISTRATOR'S REPORTS
A. Current Drought Conditions and Water Conservation Measures
XIII. CITY ATTORNEY'S REPORTS
XIV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING
UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective
Bargaining Units: AFSCME, Local 101; Confidential Non-Exempt Employees
City Negotiators: Jimmy Forbis, City Administrator, LeeAnn McPhillips, HR
Director Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandums of Understanding: City of Gilroy and
AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101.
ADJOURNMENT
MEETING DATES
AUGUST 2021
2* Regular Meeting – 6:00 p.m.
16* Regular Meeting – 6:00 p.m.
23* Special Joint Meeting with Santa Clara Valley Water District and City
of Morgan Hill via Zoom – 6:00 p.m.
SEPTEMBER 2021
13* Regular Meeting – 6:00 p.m.
20* Regular Meeting – 6:00 p.m.
* meeting is webstreamed and televised
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy
Setting the Tax Rate for Fiscal Year 2021-2022 for the Gilroy
Community Library Project Bonds
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy setting the tax rate for Fiscal
Year 2021-2022 with respect to general obligation bonds for the Gilroy Community
Library Project.
BACKGROUND
On November 4, 2008, the voters of the City of Gilroy approved ballot Measure F for
construction of public library improvements adjacent to City Hall. Measure F provided
for the authorization to issue general obligation bonds for up to $37,000,000. It was
anticipated that the authorization would be split between two series of bonds. The first
series was issued in May 2009 and the second series was issued in August 2010.
There is $3 million remaining in unissued authorization available to the City for future
use. The City has spent the majority of both the Series A and Series B bond proceeds
6.A
Packet Pg. 9
on the construction of the new library and other library facility improvements. There is
approximately $5 million remaining of the bond proceeds.
At the May 20th, 2019 regular meeting, Council authorized staff to refinance the bonds
(Series A and Series B) in July 2019 and January 2020. The refinancing saved property
owners interest costs since the refinancing will include a lower interest rate on the
principal, thus lowering the required levy rate.
ANALYSIS
Staff recommends the FY22 tax rate of $0.017 per $100 of assessed valuation, which
represents a tax of approximately $17 per $100,000 of assessed valuation (after
applicable homeowner exemptions). As the assessed valuations of properties increase
over time, the ad valorem tax rate for the library bond will decrease. The prior year’s
rate was $0.019 per $100.
FISCAL IMPACT/FUNDING SOURCE
Adoption of the tax rate will slightly lower the levy amount for taxpayers but will not
hinder the repayment of the bonds.
Attachments:
1. Res Levying Tax 2021-22
6.A
Packet Pg. 10
-RESOLUTION NO. 2021-XX
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY SETTING THE TAX RATE FOR
FISCAL YEAR 2021-2022 WITH RESPECT TO
GENERAL OBLIGATION BONDS FOR THE
GILROY COMMUNITY LIBRARY PROJECT
WHEREAS, more than two-thirds of the electors voting at a special municipal
election held on November 4, 2008, voted for a proposition authorizing the issuance by
the City of general obligation bonds in the aggregate principal amount of $37,000,000 (the
“Bonds”) for the purpose of providing funds for the acquisition, construction, and
improvement of public library facilities; and
WHEREAS, the City has previously issued the initial series of the Bonds in the
aggregate principal amount of $10,500,000 on May 5, 2009, and the second series of the
Bonds in the aggregate principal amount of $23,500,000 on August 3, 2010; and
WHEREAS, the City approved the refinancing of the two series of bonds on May
20, 2019 (providing for a reduction in bond debt service starting in tax collection year
2019/20) with the issuance of the 2019 Refunding General Obligation Bonds; and
WHEREAS, pursuant to Section 43632 of the California Government Code, the
City Council is required annually to levy and collect a tax sufficient to pay the principal of
and interest on the Bonds coming due and payable before the proceeds of a tax levied at
the next general tax levy will be available; and
WHEREAS, the City has determined that in order to provide sufficient funds to pay
the principal of and interest on the Bonds coming due and payable on February 1, 2022,
and August 1, 2022, it is necessary to levy a tax upon all taxable property in the City at
the rate of 0.0175% of assessed valuation, based on the estimated assessed values for
all rolls (secured, unsecured and utility) for fiscal year 2021-2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
as follows:
Section 1. Levy of Tax. The City Council hereby determines that the tax rate
necessary to pay the principal of and interest on the Bonds coming due and payable on
February 1, 2022, and August 1, 2022, is 0.0175% of assessed valuation, and such tax
rate shall be and is hereby levied in accordance with all applicable requirements of law.
Section 2. Collection of Tax. The Finance Director is hereby directed to forward
a copy of this Resolution to the Auditor-Controller of Santa Clara County, and to the Board
of Supervisors of the County, and to take such actions and execute such documents as
may be required to cause the tax rate set forth in Section 1 to be placed on the 2021-2022
property tax bill and collected by the County.
6.A.a
Packet Pg. 11 Attachment: Res Levying Tax 2021-22 (3369 : Library Bond Tax Rate)
Section 3. Application of Tax. As provided in Section 43634 of the California
Government Code, all taxes levied pursuant to this Resolution shall be used only for
payment of the Bonds and the interest thereon.
Section 4. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Gilroy on this 1st day of July 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, City
Clerk
6.A.a
Packet Pg. 12 Attachment: Res Levying Tax 2021-22 (3369 : Library Bond Tax Rate)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Del Monte Partners (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim)
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the July 1,
2021 meeting:
• Claim of Del Monte Partners
Attachments:
6.B
Packet Pg. 13
1. Claim of Del Monte Partners
6.B
Packet Pg. 14
On July 24, 2020 the water meter for this space was activated by the City of Gilroy. When the meter
was turned on on July 24th water started filling in a sink resulting in water damage to the interior rooms
and built in laminate cabinets. On July 29th the overflowing sink was discovered by a vendor sent to the
site to do maintenance work. He immediately took photos and sent to Smith Commercial Management,
the property management company for Del Monte Partners.
We were not notified of activity on water meter when meter was turned on
Del Monte Partners
18640 Sutter Blvd., Suite 300 Morgan Hill, CA 95037
n/a
Building Owner
408-779-0090
18640 Sutter Blvd., Suite 300 Morgan Hill, CA 95037 phoenix@smithcmi.com
unknown
7800 Arroyo Circle Suite BGilroy, CA 95020
As a result of overflowing sink there was damage to the carpet and laminate cabinets. See photos
attached.
6.B.a
Packet Pg. 15 Attachment: Claim of Del Monte Partners (3386 : Claim of Del Monte Partners)
Joseph Arde 408.482.3413
642.18
as owner's authorized agent
6.B.a
Packet Pg. 16 Attachment: Claim of Del Monte Partners (3386 : Claim of Del Monte Partners)
1
City Council Meeting Minutes
06/21/2021
City of Gilroy
City Council Meeting Minutes
June 21, 2021
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.
1. Pledge of Allegiance
Council Member Armendariz led the pledge of allegiance.
2. Invocation
None.
3. City Clerk's Report on Posting the Agenda
Management Assistant Ruiz reported tonight's meeting agenda was posted on
Wednesday, June 16th at 2:09 p.m.
Attendee Name Title Status Arrived
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Housing and Neighborhood Revitalization Committee Annual
Presentation to Council
Greg Bozzo presented the report. Vanessa Ashford added to the presentation.
2. Presentation by Santa Clara Valley Urban Forestry Alliance
Olivia Rodriguez presented the report. Ashley from City Forest added to the
presentation.
III. PRESENTATIONS TO THE COUNCIL
Public member Antonio Salazar proposed to open a new Skate Park in Gilroy.
Salazar was advised to approach the Parks & Recreation Commission to start
the process.
IV. REPORTS OF COUNCIL MEMBERS
6.C
Packet Pg. 17 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE))
2
City Council Meeting Minutes
06/21/2021
Council Member Bracco - Attended the Santa Clara County Homeless Task
Force meeting last week; reports were given per county on what each city is
doing to reduce and help with the homelessness issues.
Council Member Armendariz - Attended the Historic Heritage Committee meeting
last week; members of the committee finalized their annual presentation going
forth to Council on July 1st. The Gilroy Downtown Business Association is
holding a preview of Gourmet Alley on Saturday, June 26th.
Council Member Marques - Provided important dates for Gilroy Gardens; 6/23
opening of the water oasis, 6/26 20th birthday celebration, 7/3 -7/4 Ken
Christopher, author of Elephant Garlic will be conducting author readings.
Council Member Hilton - Announced that the Silicon Valley Clean Energy
Authority is implementing communication efforts to inform local customers of
possible flex alerts for the need of conservation of extreme weather events .
SVCEA will prepare and share a video of how to prepare for these events. SBC
emission electrical vehicle adoption.
Council Member Tovar - Thanked staff and the community for those getting
vaccinated. Announced that Milias Restaurant celebrated their 10 th anniversary.
Council Member Leroe-Muñoz - Announced that he will be attending the ABAG
quarterly meeting on Friday, June 25th; discussion on adopting a proposed
budget and proposed workplan FY 21-22.
Mayor Blankley - Encouraged the public to get vaccinated; the County is at 80%.
Announced that the VTA 568 express bus to San Jose will be operating every 30
minutes all day long.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques received a Citizen's Request and asked Council to
initiate a future council agenda item for discussion for flags to be flown at City
Hall: September (Fire Fighter), October (Breast Cancer Awareness), February
(American Heart), April (Autism awareness), May (Memorial).
Council Member Bracco received a request from public member, Phil Larson to
fly the thin blue line flag in the month of July to commemorate the officers that
saved lives at the Garlic Festival shooting in 2019.
Mayor Blankley - Asked Council Member Bracco and Marques to amend the
request and to also revisit the flag policy with staff with what we have learned
and how to best move forward with these requests. Council Member Tovar also
suggested that the City of Hollister's policy be looked at.
Vote: 6-1-0-0 (Nay's: Hilton)
VI. CONSENT CALENDAR (ROLL CALL VOTE)
6.C
Packet Pg. 18 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
06/21/2021
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
A. Adoption of a Resolution of the City Council of the City of Gilroy
Acknowledging Receipt of a Report Made by the Fire Chief of the Gilroy
Fire Department Regarding the Inspection of Certain Occupancies
Requiring Annual Inspections in Such Occupancies Pursuant to Sections
13146.2 and 13146.3 of the California Health and Safety Code
B. Resolution 2021-25 of the City Council of the City of Gilroy Setting the
Annual Fireworks Service Fee for Impacts on City Fire and Police Services
Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy
City Code Section 10A
C. Opening of Recruitment for Current Openings on Various Boards,
Committees and Commissions
D. 6-7-21 City Council Regular Meeting Minutes
VII. BIDS AND PROPOSALS
A. Authorize the City Administrator to Enter into an Agreement to Purchase a
Replacement Police Computer Aided Dispatch (CAD) and Records
Management System (RMS) from Sun Ridge Systems, Inc. in the amount of
$703,232
This item was introduced by Mayor Blankley and postponed to the next
scheduled City Council meeting on July 1, 2021.
Unanimous - Yes.
Possible Action:
Authorize the City Administrator to Enter into an Agreement to Purchase a
Replacement Police Computer Aided Dispatch (CAD) and Records
Management System (RMS) from Sun Ridge Systems, Inc. in the Amount of
$703,232 (Roll Call Vote)
VIII. PUBLIC HEARINGS
A. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing
and Approval of the Issuance of Multi-family Housing Revenue Bonds by
the California Municipal Finance Authority for an Affordable Housing
Project Located at 1520 Hecker Pass Highway
Senior Planner Tambornini presented the report.
Public comment opened.
No public comment.
Public comment closed.
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Motion was made by Council Member Tovar, seconded by Council Member
Bracco to adopt resolution 2021-26 of the City Council of the City of Gilroy
approving the issuance of multifamily housing revenue bonds in an aggregate
principal amount not to exceed $30,000,000 for the purpose of financing or
refinancing the acquisition and construction of Hecker Pass Apartments project.
Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy approving the
issuance of multifamily housing revenue bonds in an aggregate principal
amount not to exceed $30,000,000 for the purpose of financing or
refinancing the acquisition and construction of Hecker Pass Apartments
project. (Roll Call Vote)
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. Introduce an Ordinance of the City Council of the City of Gilroy Amending
the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions) to Allow Monitored Perimeter Security Fence Systems on
Commercial and Industrial Zoned Properties, Subject to Specified Criteria
In the Ordinance
Senior Planner McCormick presented the report.
Council Member Leroe-Muñoz, Armendariz and Tovar questioned the electrical
impact on humans, pets and wildlife.
Applicant Keith Kaneko responded to the Council's questions.
Public comment was opened.
No public comment.
Public comment was closed.
Possible Action:
Motion was made by Council Member Tovar, seconded by Council Member
Leroe-Munoz to introduce Ordinance 2021-02 of the City Council of the City of
Gilroy amending the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV
(Fences and Obstructions) to allow monitored perimeter security fence systems
on commercial and industrial zoned properties, subject to specified criteria in the
ordinance.
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Possible Action:
Introduce an Ordinance of the City Council of the City of Gilroy amending
the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions) to allow monitored perimeter security fence systems on
commercial and industrial zoned properties, subject to specified criteria in
the ordinance (Roll Call Vote)
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
C. Tentative Map TM 20-08 to Subdivide 8.95-acres in to Three Parcels, for a
Property Located in the Commercial Industrial (CM) Zoning District at 6605
Automall Parkway (formerly Chestnut St.) (APN 841-16-117)
Planner I Contreras presented the report.
Public comment was opened.
No public comment.
Public comment was closed.
Possible Action:
Adopt a Resolution 2021-27 approving Tentative Map TM 20-08 to subdivide
8.95-acres in to three parcels, for a property located in the Commercial
Industrial (CM) Zoning District at 6605 Automall Parkway (formerly
Chestnut St.), APN 841-16-117. (Roll Call Vote)
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
IX. UNFINISHED BUSINESS
A. Code Enforcement Program Update
Community Development Director Garner presented the report.
Council Member Marques and Council Member Armendariz provided feedback.
Public Comment opened.
Public comments were received by Bruce Magee and Maria Aguilar.
Public Comment closed.
Possible Action:
Receive this report and provide direction to staff, if any.
X. INTRODUCTION OF NEW BUSINESS
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A. Fireworks Enforcement Strategy
City Administrator Forbis introduced the item and Captain Smith added to the
presentation.
Mayor Blankley asked Captain Smith to address the following questions that may
be of concern to the public:
1: What is the maximum fine?
2. Can the City of Gilroy increase administrative fees?
3. Does the City of Gilroy impose fines through administrative or criminal
charges?
4. What does the Police do when someone uses the Nail 'em App to report a
person?
5. Does Safe & Sane fireworks pay for the additional police officers?
6. Are Safe & Sane a Fire Hazard?
Comments were received by Council Member Armendariz and Council Member
Leroe-Muñoz.
Public comment opened.
Public comments were received by Susan Sheehan, Annedore Kushner, Bruce
Magee, Danielle Arvanitis, Jay, Karen Fortino, Makan Gupta, Peter Salazar and
Maria Gaynor.
Public comment closed.
Possible Action:
Receive report.
B. Report on Housing Element Workplan and Status of Regional Housing
Needs Allocation (RHNA) Distribution
Senior Planner McCormick presented the report.
Public comment opened.
No public comment.
Public comment closed.
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Possible Action:
1. Receive report and provide staff direction regarding Council
expectations for the 2023-2031 Housing Element.
2. Direct staff on whether to appeal the ABAG RHNA distribution (equity
adjustment) for the City of Gilroy.
C. Declaration of Certain Substandard Housing Conditions at 402 Madison
Court and 6860 Rosanna Street as Blighted Property and a Public Nuisance
Building Official Olmos presented the report.
Comments were received by Council Member Bracco.
Public comment opened.
Makan Gupta spoke.
Public comment closed.
Possible Action:
Motion was made by Council Member Tovar, seconded by Council Member
Bracco to adopt resolution 2021-28 of the City Council of the City of Gilroy
declaring 402 Madison Ct to be a blighted property and adopt Resolution 2021 -
29 of the City Council of the City of Gilroy declaring 6860 Rosanna St to be a
blighted property and directing the City Administrator to begin the process to
abate such nuisances.
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy declaring 402
Madison Court to be a blighted property and directing the City
Administrator to begin the process to abate such nuisance.
b) Adopt a resolution of the City Council of the City of Gilroy declaring
6860 Rosanna Street to be a blighted property and directing the City
Administrator to begin the process to abate such nuisance.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
D. Approval of an Exception to the CalPERS 180-Day Waiting Period for Work
After Retirement for Bonnie Snyder (Retired Annuitant) to Serve in an Extra
Help Position in the 911 Communications Center of the Police Department
Administrative Services/HR Director/Risk Manager McPhillips presented the
report.
Public Comment opened.
No public comment.
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Public Comment closed.
Motion was made by Council Member Leroe-Munoz seconded by Council
Member Bracco to adopt resolution 2021-30 of the City Council of the City of
Gilroy approving the exception to the CalPERS 180-day wait period and
appointment of Bonnie Snyder (retired annuitant) to an extra help position in the
911 Communications Center of the Gilroy Police Department.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy approving the
exception to the CalPERS 180-day wait period and appointment of Bonnie
Snyder (retired annuitant) to an extra help position in the 911
Communications Center of the Gilroy Police Department.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
E. Discontinuance of Certain Concessions Previously Agreed to with the
Gilroy Firefighters, IAFF, Local 2805 Labor Group
Administrative Services/HR Director/Risk Manager McPhillips presented the
report.
Public Comment opened.
No public comment.
Public Comment closed.
Motion was made by Council Member Tovar, seconded by Council Member
Bracco to approve and authorize the City Administrator to execute an
amendment to the Memorandum of Understanding with Gilroy Firefighters, IAFF,
Local 2805 which ends certain agreed upon concessions effective July 1, 2021.
Possible Action:
Approve and authorize the City Administrator to execute an amendment to
the Memorandum of Understanding with Gilroy Firefighters, IAFF, Local
2805 which ends certain agreed upon concessions effective July 1, 2021.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis announced that the City's messaging of 4th of July will
begin Tuesday, June 22nd; no public gathering and street closure will occur at
Gilroy High School for the Pyrotechnic Display.
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Forbis congratulated the Finance and Public Works Department on their h ard
work and achievement of the Wastewater Bond; approved 47 million dollars at a
2.39% interest on Wednesday, June 16th.
XII. CITY ATTORNEY'S REPORTS
No report.
XIII. CLOSED SESSION
City Attorney Faber read the closed session item.
Public comment was opened.
No public comment.
Public comment was closed.
The meeting went into closed session at 8:56 p.m.
A. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT; Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2)
Name/Title: City Clerk
ADJOURNMENT
Mayor Blankley adjourned the Gilroy City Council meeting at 8:56 p.m.
MEETING DATES
JULY 2021
1* Regular Meeting – 6:00 p.m.
AUGUST 2021
2* Regular Meeting – 6:00 p.m.
16* Regular Meeting – 6:00 p.m.
23* Special Joint Meeting with Santa Clara Valley Water District and City of
Morgan Hill via Zoom – 6:00 p.m.
SEPTEMBER 2021
13* Regular Meeting – 6:00 p.m.
20* Regular Meeting – 6:00 p.m.
* meeting is webstreamed and televised
/s/ LeeAnn McPhillips
Administrative Services/HR Director/Risk Manager
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City of Gilroy
STAFF REPORT
Agenda Item Title: Authorize the City Administrator to Enter into a Sole Source
Purchase Agreement for the Replacement of Police Computer
Aided Dispatch (CAD) and Records Management System (RMS)
from Sun Ridge Systems, Inc. in the amount of $703,232
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Police Department
Submitted By: Pedro Espinoza
Prepared By: Pedro Espinoza
Scott Golden
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Authorize the City Administrator to Enter into a Sole Source Purchase Agreement for
the Replacement of Police Computer Aided Dispatch (CAD) and Records Management
System (RMS) from Sun Ridge Systems, Inc. in the Amount of $703,232. (Roll Call
Vote)
EXECUTIVE SUMMARY
The current Records Management System and Computer Aided Dispatch systems
currently utilized by the Gilroy Police Department have reached the end of their
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technological lifecycle. Legislative mandates have necessitated the need for a new
CAD/RMS system capable of extracting the required data to comply with the mandates.
As allowed by the City’s purchasing policy, staff recommends declaring Sun Ridge
CAD/RMS system a sole source item due to proprietary nature of its software and
authorizing the City Administrator to enter into a purchase agreement which will provide
the Police Department with much needed efficiencies and ensure compliance with state
mandates.
BACKGROUND
The Gilroy Police Department currently utilizes the Tiburon LLC CAD/RMS and Mobile
Solutions product for report writing, records management, computer aided dispatch and
statistical data. The Department went live with the Tiburon system in 2002. In the
preceding years, the company has been sold three times and is currently a product of
Central Square. The last upgrade to the RMS system was completed in 2007 and the
last version update to the CAD system was in 2016. The CAD/RMS system has
reached the end of its technological lifecycle. The software developer is no longer
offering version updates and is providing limited maintenance support.
ANALYSIS
The Police Department needs a new CAD/RMS system as the current RMS system has
not been upgraded for over 14 years, and the CAD system has not been updated since
early 2016. These systems have reached their end of lifecycle, and the provider is
offering limited maintenance support.
Legislative changes mandate that Police Departments transition the method by which
statistical data is reported to State and Federal agencies from the old Uniform Crime
Reporting (UCR) system to the new National Incident Based Reporting System
(NIBRS). The new reporting requirements became effective on January 1, 2021, but
our current system does not have the capability to produce the reports necessary to
comply with the new reporting standards.
Beginning on January 1, 2022, and pursuant to AB 953, the Department is also
mandated to comply with the Racial and Identity Profiling Act (RIPA) which requires
submittal of specific data collected. Our current system is not RIPA compliant. In order
to comply with these mandates a new CAD/RMS system capable of extracting required
data for reporting purposes is necessary.
Consistent with the 2020-2025 Strategic Plan Goals of enhancing public safety
capabilities and conducting a review of the City’s management tools, systems and
resources, the Department must procure and implement a CAD/RMS system.
Sun Ridge Systems, Inc. has been serving public safety agencies for software
integration services since 1985. Their system will give the Gilroy Police Department the
ability to comply with existing and upcoming mandates, capture ongoing statistical data,
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accurately measure performance, provide first responders with relevant information,
expedite report writing, and enhance internal cross-training while remaining on the
cutting edge of CAD/RMS technology. In addition, the Sun Ridge system has
capabilities which allows various applications to interconnect and share data natively
with other agencies in the County without the need of additional professional services
development and maintenance costs. Most recently, cities of Mountain View, Palo Alto,
Los Altos, and Los Gatos have procured Sun Ridge System as their CAD/RMS solution.
The additional custom integrations can be developed but become costly to maintain in
the long-term. For example, if the primary system is migrated to a newer version, any
and all customized integrations may also require to be amended and each instance
would trigger development costs that could result in thousands of dollars.
Staff formed a collaborative workgroup comprised of end users from the different units
within the department to conduct a need assessment and evaluate the challenges and
benefits of each of the systems. The committee has met since November; and overall
determined that Sun Ridge Systems by far provides the most benefits. Sun Ridge is the
largest CAD/RMS Systems vendor in California with approximately 180 installations
statewide. All the agencies that have converted to Sun Ridge have remained customers
over the 30-year history of the company. The agencies are on the same version of
software, and all upgrades are included in the annual maintenance fee. The feedback
that the workgroup received from the agencies that currently have the system has been
positive.
Amongst some of the benefits of the proposed package includes:
• CAD/RMS (Computer Aided Dispatch/Records Management System) integration.
This is a unique cost saving opportunity that will fully integrate both critical
systems and further prevent future migrations/native sharing costs. This is a
critical feature for the communications center to be able to provide information to
field officers without having to navigate different systems.
• The Mobile Application Software will provide the ability to extract data with a
department mobile device.
• The Mobile Mapping Software will automatically pinpoint cellular 911 calls to
assist our public safety communicators in locating callers without delay. This
also allows the field officers to determine a best route response based on real
time traffic conditions.
• The Property Room Barcoding Software will further facilitate to the logging and
booking of evidence by auto populating information relevant to a case.
• The Citizen RIMS Public Access Software will continue to afford the opportunity
for members of the public to continue to utilize the online reporting system and
will prevent redundancy entries from the records and patrol staff.
• The system includes NIBRS (National Incident Based Reporting System)
Reporting Software. This a federal mandate that replaces the UCR (Uniform
Crime Reporting) requirement. This became a requirement in January of 2021.
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• The Crossroads Collision Export Software will allow our current collision reporting
software compatibility with the new CAD/RMS software and again prevent
redundant data inputting.
• The system will also provide a field application to collect “Stop Data” pursuant to
AB 953/ Racial and Identity Profiling Act.
With other Santa Clara County public service agencies as its clients, Sun Ridge
Systems is familiar not only with State and Federal mandates, but with Santa Clara
County Criminal Justice Information Control (CJIC) systems, the County criminal court
system and the District Attorney’s Office processes. Sun Ridge Systems understands
local governance structures through their service and implementation agreements with
other Santa Clara County public service agencies. This observed operational familiarity
of Santa Clara County processes will allow more time spent to analyze and guide the
Police Department through implementation and training to improve efficiencies and
meet NIBRS and RIPA mandates while supporting the Department’s report writing,
records management business needs, and promotion of data driven performance
management.
ALTERNATIVES
Council could direct staff to delay replacement o f the CAD/RMS system and proceed
with a formal RFP process. The current CAD/RMS system has reached the end of
useful life and the Department has time critical legal mandates that currently cannot be
met. A formal RFP process would result in time delays of at least several months and
there is no guarantee the formal RFP process will yield in a better selection of a system,
or even price since competition in this industry is limited, and the process will result in
delays and Department would remain non-compliant to state mandates. While it is the
City’s policy to procure good and services based on competitive bids, there are certain
procurements that are exempt, including sole sourcing or standardizing of computer
hardware and software, such as this purchase. Staff recommends procuring the
CAD/RMS system via sole source method.
FISCAL IMPACT/FUNDING SOURCE
Funding for this project has been designated in the FY22 Information Technology
Capital Improvement Program Budget (GL# 690-1400-4320), which the City Council
adopted on June 7. The purchase of CAD/RMS and initial equipment would be a one -
time purchase of $703,232 which includes the first-year annual maintenance. Ongoing
annual maintenance is $69,120 per year (after the first year) and is part of the
Information Technology Operating Budgets.
The current CAD/RMS vendor annual maintenance and support is $159,963 per year,
with a 5% contracted increase every year. The first-year maintenance and support for
Sunridge systems is included in the purchase price providing for a first-year savings of
at least $159,963 and a subsequent annual savings of at least $90,843 per year.
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Additionally, the Gilroy Police Department currently uses Crime Reports.com as a
citizen interface for local crime data. This system will no longer be necessary resulting
in an additional savings of $3,588 per year.
The annual savings of $94,431 and the first year saving of $159,963 will result in a 5.75 -
year payback period for the entire system.
Attachments:
1. Gilroy RIMS Quotation from Sun Ridge Systems v2a
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To:
From:
Subject:
Date:
Scot Smithee, Gilroy Police Department
Carol Jackson
Quotation for RIMS Software)
June 7, 2021
Thank you for your interest in RIMS. The following is quotation for RIMS software based upon our recent
request. Prices may be higher if responding to a request for proposal.
Item Price
RIMS Computer-Aided Dispatch and Records Management Software $210,000
RIMS Mobile Computer Software $63,000
iRIMS Law Mobile App Software $22,000
RIMS In Station Mapping Software (See Mapping note) $32,000
RIMS Mobile Mapping Software (See Mapping note) $11,000
RIMS Property Room Bar Coding Software $26,000
Citizen RIMS Public Access Software $11,000
RIMS E911 Link Software $13,000
RIMS State Link Software (CLETS) $13,000
RIMS Text Paging Link Software $6,000
RIMS Officer Training Management Software $8,000
RIMS CopLogic Import Software $4,000
RIMS AutoCite Import Software $4,000
AXON Link Software $3,000
NIBRS Reporting Software $15,000
RIMS Crossroads Collision Export Software $5,700
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment (See Bar Coding Equipment note) $1,700
Data Conversion Services (See Data Conversion note) $65,000
Installation and Training (Includes 26 days on site - see Installation & Training note) $120,174
First Year Support and Updates $67,005
RIMS InCustody Jail Management Software [Not Included] N/A
InCustody Lite Software [Not Included] N/A
RIMS Collaborate Data Sharing Software [Not Included] N/A
RIMS AFIS Link Software [Not Included] N/A
RIMS DA Link Software [Not Included] N/A
RIMS Body Camera Software [Not Included] N/A
RIMS SWITRS Export Software [Not Included] N/A
RIMS ProQ&A Link Software [Not Included] N/A
RIMS Alarm Panel Link Software [Not Included] N/A
California Sales Tax $153
TOTAL $703,232
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Mapping. Our In Station Mapping product requires ESRI ArcView or Google maps. Our price does not
include the cost of the ArcView licenses. ESRI ArcView maps require a source data file provided by you. If
you choose to use Google Maps as your map source, Sun Ridge Systems pays the licensing fees to Google;
there is no charge to you.
Our Mobile Mapping product also requires either ArcView or Google Maps. There are no third party map
costs if you choose to use Google Maps as your map source in the mobiles.
If you purchase ArcView, you will need one copy of ArcView GIS v10.1 (or later) that can be used for the
first position, and then a copy of ArcGIS 10.1 (or later) Runtime Engine for each additional in-station or
mobile unit that will use RIMS Mapping.
If you choose to use Google Maps exclusively, the "Map Data Engineering" can be deducted from this
quotation.
Bar Coding Equipment. Worth Data is the manufacturer of the bar coding equipment. It includes a base
station and wireless scanning terminal. These devices include a 2- year manufacturer's warranty and are
not maintained by Sun Ridge. You must also purchase an inexpensive printer and labels for bar coding
labels: DYMO LabelWriter 450 Turbo Label Printer and Dymo Labels # 30256. They are available at your
local computer/office supply store or on the Internet.
Data conversion: The services listed in the price chart include only converting data from your existing
Tiburon system. Converting any other data, including data from the ARMS system as well as third party
products, is not included. You are responsible for extracting that data and providing it to us for conversion.
Once we receive the extracted data, we will evaluate it to determine which items may be converted into
RIMS. As part of our standard data conversion, we attempt to convert the following items. In some
instances, not all data may be available or suitable for conversion.
For RMS:
· People: Including person name, DOB, contact info, description, ID#’s, officer safety
notifications, log entries for connections to cases, for citations and for field contacts
· Arrest: Arrestee, date, time, charges, counts, offense level, disposition, booked/cited out
· Vehicles: License, state, year, color, type, log entries for connections to case and for field
contacts
· Cases: Location, date report and data occurred, classification/type, offenses, case disposition
and date of disposition, persons, vehicles, narratives, and supplements
· Property in cases: category, article, status, description, brand, model, item #, property code,
locations, value-stolen, recovered, damaged and officer.
· Premises: Common place name, address, contact person, contact phone number, alarm
· Streets: (if electronic street file is available), street name, intersections with block ranges
· Officers: Name, ID
· Users: Name, ID
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For CAD:
· Incidents: call number, call times, priority, incident location, grid, caller name and telephone number,
complaint type, caller location, how received, comments, call category, internal response area, OCA
case number, call reference, fire grade, subject data, vehicle data, tract, ESN, alternate phone
number, call taker, and position. (
· Officers: Name, ID.
· Premises: Common place name, address, contact person, contact phone
· Premise History: Summary of incidents by incident location
· Streets: street name, intersections with block ranges
iRIMS/Law will run on the Apple iPhone and iPad plus Android phones and tablet computers. iRIMS is not a
substitute for Mobile RIMS nor is it "RIMS" running on an iPhone or iPad device. iRIMS is a mobile app with a
rapidly expanding portfolio of RIMS functionality.
Citizen RIMS does not require any new dedicated hardware or software. It can run on your existing SQL or
application server. It does require a server with internet access that also is capable of having RIMS installed.
The only software on your network will be a small Windows service which sends data to the public web server.
There is some minor configuration that must occur in RIMS. You will be asked to create "categories" for
Incidents and Offenses. The Windows service previously mentioned uses the categories to determine what
to send to the public web server.
RIMS2Txt requires either an internet connection to your paging provider, or a SMTP connection to your email
server.
Please note that for all interfaces, this quotation is for RIMS software only and does not include any hardware
or third-party software that may be required to support this interface. You are encouraged to contact your
various vendors to determine any costs that may be associated with providing their portion of the interface.
Installation and Training: The number of onsite training and support days includes the following. All training
is end user training unless specified otherwise. The number and types of classes must be confirmed by you.
Task Days
RIMS Configuration and Set Up 3
Conversion Review 2
CAD Training 4 (2 sessions, 2 days/session)
Officer Training 8 (4 sessions, 2 days/session)
Records Training 1
Property Room Training 1
TIMS Training 1 (2 sessions, 0.5 days/session)
Admin Training 1
Go Live 5 (3 staff Day 1 of Go Live/2 staff for Day 2 of Go Live)
System Requirements
Database Software: Microsoft SQL Server software is required to run the RIMS database. This software
is not included in this quotation and must be purchased by the agency prior to installation of any RIMS
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software.
System Specifications: RIMS software supports a traditional hardware platform or a virtual platform.
The hypervisor software products supported - VMWare, Hyper-V, and others.
Minimum Specifications (If using existing PCs) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
8 GB RAM 16 GB RAM
Any size disk 1 TB Disk
Microsoft SQL Server 2016+
Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
PC Workstations Database Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
16 GB RAM 32 GB RAM
Any size disk 2 TB Disk
Microsoft SQL Server 2016+
Mobile Computer Specifications
An application server is required and is a separate server from your main RIMS SQL database server.
This system is also able to operate as two virtual servers on one physical server, using a hypervisor
software platform like VMWARE or Hyper-V. The application server runs the following software: Mobile
Computer Controller, RICO Web Services, RIMS State Switch, and E-911 interface. The specifications
for a physical or virtual system are:
Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
Mobile Computers Application Server
Windows 10+ i7 processor Microsoft Windows Server 2016+
8 GB RAM 16+ GB RAM
Any size disk Minimum 100 GB Disk Space
Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or
more USB ports, Internet Access (if using Google Maps).
Option features for Mobile Computers include: Touchscreen, Driver License Reader (USB), and
Fingerprint reader by Digital Persona.
Sun Ridge Systems uses BeyondTrust remote access software for secure installation and follow-on
support services. BeyondTrust software is provided by Sun Ridge Systems; there is no cost to you.
This quotation is valid for 90 days and may change thereafter.
If you have any questions please call me at 530-221-0663. Thank you for your continued interest in RIMS.
7.A.a
Packet Pg. 34 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3381 : Authorize City Administrator to purchase PD CAD/RMS system from
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Agreements with CSG Consultants and 4Leaf in the
Amount Not-To-Exceed $1,715,800 each and Bureau Veritas in the
Amount Not-To-Exceed $514,740 to Provide On-Call Building and
Fire Plan Check and Inspection Services for the Initial Period of
July 15, 2021 to June 30, 2024, with Two, One-Year Extensions
Possible.
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Robert Carrera
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve agreements with CSG Consultants and 4Leaf in the amount not -to-exceed
$1,715,800 each and Bureau Veritas in the amount not-to-exceed $514,750 to provide
On-Call Building and Fire Plan Check and Inspection Services for the initial period of
July 15, 2021 to June 30, 2024, with two, one-year extensions possible, and authorize
the City Administrator to execute these agreements. (Roll Call Vote)
EXECUTIVE SUMMARY
The City of Gilroy’s Building Division and Fire Prevention/Hazmat Division rely on the
resources and expertise of consultants to provide plan check and inspection services to
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keep plan check turnaround times within expected timeframes and provide quality
customer service to our development applicants. The City’s current consultants have
been a partner with us since March of 2018. Based on the utilization of our current
consultants and the timeframe in which we reached contract capacity with these
consultants, staff issued a Request for Proposals (RFP) to replenish our on-call
consultant lists.
The City issued an RFP on May 7th, 2021 and received proposals from six consultants.
After a review and rating process, the review committee recommends the selection of
CSG Consultants and 4Leaf to provide all the requested on-call services, and Bureau
Veritas to provide on-call plan check services only. Staff is recommending that Council
approve entering into agreements with these consultants for an initial period of three
years, with two, one-year options available to exercise at the City’s discretion.
The contract amounts reflect expected permit activity over the next five years and costs
are fully recovered through the payment of permit and inspection fees by those
receiving the services. The City will not incur any costs not covered by permit and
inspection fees and retains between 40% to 45% of the permit and inspection fees to
cover staff costs. Staff costs include; reviewing the construction drawings and
application for completeness at intake, processing and packaging the plans for review,
inputting project information into the City’s database, invoice and payment processing,
stamp and sign the approved construction drawings, and sending approved drawings
and signed permit card to the applicant.
BACKGROUND
The City’s Building Division and Fire Prevention/Hazmat Division have historically relied
on consultants to supplement plan review and inspection services and assist with peak
demands related to construction activity. The use of consultants reduces the turnaround
time of plan checks as compared to only using in-house staff. Outside firms can
concentrate solely on plan review and have qualifications in different specialties,
providing the City with greater flexibility and depth of expertise. The outside plan review
consultants are primarily used for larger and more complex projects. Small projects,
such as water heaters, residential re-roof, furnace/air conditioner replacement,
residential photovoltaic systems, single family home remodels and single-family yard
patios will remain in house.
Currently, the City has agreements with CSG, 4 Leaf, Bureau Veritas, WCC, and TRB
Associates to provide plan check and inspection services. Those agreements have
provided needed resources to provide timely plan check reviews and inspection
services and maintain the level of services expected by the community. The current
agreements expired on March 19, 2021. Since these agreements reached their contract
capacities at a faster pace than anticipated staff decided to conduct another RFP for
these services to replenish its consultants for these on-call services to meet workload
expectations for the next three years. In the interim, the agreements were temporarily
extended until July 15, 2021 to allow time for the RFP process to be completed.
ANALYSIS
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On May 7th, 2021, the Community Development Department issued a n RFP for on-call
Building and Fire Plan Check and Inspection Services. The RFP was posted on the City
website and in the Mercury News. Six proposals were received by the June 3rd, 2021
deadline from the following consultants:
• 4Leaf
• Bureau Veritas
• CSG Consultants
• Interwest Consulting Group
• True North Compliance Services
• AOKA Engineering
The submittals were evaluated by the review committee based on the criteria listed in
the RFP. The review committee consisted of the Building Official, Deputy Fire Marshal,
Code Enforcement Officer, and Management Analyst. The criteria contained
qualifications, experience, references, scope of services matching the City’s needs, and
proposed fee structure. In addition, all these firms were interviewed by the review
committee from June 16th to June 18th. Based on the proposals and subsequent
interviews, the following consultants were selected to provide on-call building and fire
plan check and inspection services:
• CSG Consultants
• 4Leaf
• Bureau Veritas (Plan Check Services Only)
Contracting with three firms allows both flexibility and efficiency for the Building and Fire
Prevention Divisions when these additional services are necessary. Staff expects that
the selected consulting firms will continue to provide the needed coverage and expertise
to assist with both building and fire code plan review and inspection services. As all of
these firms are already working within the City’s permit review process, the current level
of responsiveness is expected to continue, ensuring timely plan check reviews and
inspection services.
ALTERNATIVES
Council may choose not to approve the selection of these consultants to provide on-call
building and fire plan check and inspection services. If that were the case, the
agreements with our current slate of on-call consultants will expire on July 15th. During
that interim period, staff would develop an alternative solution based on Council
feedback. This action could jeopardize plan review turn around times and the quality of
our customer services for our permitting services, given that there would be a lapse of
necessary resources to continue to meet our expectations. As such, this action is not
recommended.
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FISCAL IMPACT/FUNDING SOURCE
Funding for on-call building and fire plan check services for FY 2022 and FY 2023 totals
$343,160 each year among both the Building and Fire Prevention budgets for
contractual services. The total maximum amount over five years (three years for the
initial contract amount, with two, one-year options available) is $1,715,800. This
currently assumes the same budget for these on-call services beyond the FY 2022 and
FY 2023 budget. The contracts are structured to provide flexibility to the City to
encumber varying percentages of the annual budget towards the consultants where
there is the most need. For example, in FY 2022, the City may be able to encumber
50% of the budget towards CSG Consultants and 50% towards 4Leaf, while in FY 2023,
based on permit activity demand and the availability of consultant resources, the City
may budget 75% towards CSG Consultants, 15% towards 4Leaf, and 10% towards
Bureau Veritas. The way these contract capacities are structured gives the City the
flexibility to optimally utilize its resources for on-call building and fire plan check and
inspection services.
The two primary consultants (CSG Consultants and 4Leaf) will each have $1,715,800
as their not-to-exceed amount. Bureau Veritas, given its smaller capacity of conducting
on-call plan checks, will have a not-to-exceed budget of $514,740, or 30% of the budget
for these on-call services.
Costs are fully recovered through the payment of permit and inspection fees by those
receiving the services. If we utilize a consultant to conduct a plan check for a permit,
they receive a portion of the plan check fees collected for that permit application in
return for their services. This method of compensation has become standard among
plan check consultants. Inspectors and other staff provided are charged at an hourly
rate and recovered from the permit applicant.
NEXT STEPS
Upon approval, staff will proceed with entering into the agreements listed as
attachments in this staff report for the initial three-year period.
Attachments:
1. 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and
Inspection Services
2. DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check)
3. DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp)
4. DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln
Check and Insp)
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City of Gilroy
Community Development Department
ATTN: CARINA BAKSA
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Request for Proposals
On-Call Standard and Expedited
Building, Fire Plan Check and Inspection
Services
No. 21-RFP-CDD-453
Proposals Due by: 3:00 pm, Thursday, June 3rd, 2021
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Request for Proposals
No. 21-RFP-CDD-453
Notice is hereby given that ELECTRONIC Requests for Proposals will be received at the City of Gilroy, for
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services , Project No. 21-RFP-
CDD-453 as described in the attached Request for Proposals. Please note that City Hall is closed to the
public due to the ongoing COVID-19 pandemic. RFPs will be accepted by email to
carina.baksa@cityofgilroy.org until 3:00 pm, Thursday, June 3rd, 2021. RFPs 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 location specified above and/or delayed deliveries. RFPs should be submitted in a
complete, single electronic file to the email specified in this notice. An evaluation team will review
proposals and select a vendor based on the selection criteria and process outlined in the RFP. The selected
vendor will enter into an agreement for a period of three (3) years upon approval by City Council, with
two, one-year extensions available after that.
A free electronic copy of the RFP can be obtained by going to the City of Gilroy website
(www.cityofgilroy.org). Due to the ongoing COVID-19 pandemic, all prospective parties should check the
City’s website for any addendums.
Respectfully Requested,
Carina Baksa
Management Analyst
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No. 21-RFP-CDD-453
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services
Table of Contents
Introduction ........................................................................................................................................... 1
Project Description ................................................................................................................................ 1
Issuing Office ......................................................................................................................................... 1
Anticipated RFP Schedule ...................................................................................................................... 2
Submission Date and Location ............................................................................................................... 2
Protests ................................................................................................................................................. 3
Rejection of Proposals ........................................................................................................................... 3
Modification / Withdrawal .................................................................................................................... 3
Cancellation ........................................................................................................................................... 3
Duration of Proposals ............................................................................................................................ 3
Public Record ......................................................................................................................................... 3
Incurring Costs ....................................................................................................................................... 3
Selection Process ................................................................................................................................... 3
Proposal Contents .................................................................................................................................. 4
Proposal Evaluation Criteria and Scoring ................................................................................................ 4
Total Score ............................................................................................................................................. 5
Scope of Work ....................................................................................................................................... 6
Attachment A - Sample Agreement for Services Contract ....................................................................... 7
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Introduction
The City of Gilroy is a charter city located in southern Santa Clara County with a population of
approximately 57,000. 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 20th and 21st centuries.
Information regarding the City and its organization, such as governmental structure, services provided,
the Current Operating and Capital Budgets, is available on the City website at www.cityofgilroy.org
Project Description
The City of Gilroy’s Building Division ensures that the City’s adopted building codes are adhered to
during the plan review and construction process. We oversee construction on private property to ensure
safe buildings and compliance with building, electrical, mechanical, plumbing, energy, and accessibility
codes and laws. The Fire Marshal conducts comprehensive plan review and inspection for all new
development and construction projects, and the permitting and routine inspection of occupancies
requiring permits under the Gilroy and California fire codes, the City’s Hazardous Materials Ordinance
and as required by the California Code of Regulations Title 27 for the CUPA programs. The following
table represents the volume of permit activity that occurs in the City of Gilroy
Calendar
Year
ALL TYPES of
Building Permits
Applied For
ALL TYPES of
Building Permits
Issued
Inspections
Performed
Plan Checks
- All Types
New
Residential
Permits Issued
Commercial /
Industrial
Permits
2016 2372 2180 22774 1256 326 102
2017 2126 1953 19361 1265 257 89
2018 1853 1669 15710 1289 137 106
2019 2055 1823 16570 1473 204 80
2020 1373 1138 10746 1056 95 66
The City is seeking consultants to conduct on-call plan check and inspection services, providing the City
with the knowledge and resources to assist with the volume of permitting activity that the City manages.
The approved consultant, or consultants, would be subject to an award for these services for a period of
three (3) years, with two, one-year extensions available.
Issuing Office
The Finance Department is the Issuing Office for this Request for Proposal (RFP) and the point of contact
for all process and contract questions as well as protest, and all correspondence shall be through e-mail.
Technical questions shall be directed to the Project Manager.
Issuing Office Project Manager
Finance Department Community Development Department
Carina Baksa Hipolito Olmos
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Purchasing Coordinator Building Official, Community Development Department
7351 Rosanna Street 7351 Rosanna Street
Gilroy, CA 95020 Gilroy, CA 95020
carina.baksa@cityofgilroy.org hipolito.olmos@cityofgilroy.org
Anticipated RFP Schedule
The City anticipates the following general timeline for this RFP and the schedule may
change as necessary.
Selection Process Actions Target Date
RFP distributed to prospective Consultants and Advertised Friday, May 7th, 2021
Deadline to submit RFP questions Wednesday, May 26th, 2021 at 4:00 PM
Questions posted on the City’s website Thursday, May 27th, 2021
RFP submissions due to City of Gilroy (Final) Thursday, June 3rd, 2021 at 3:00 PM
Interviews (If Necessary) June 15th to June 17th, 2021
City Council staff report posted on website Wednesday, June 28th, 2021
City Council Meeting Monday, July 3rd, 2021
Submission Date and Location
Each responding Consultant must provide one electronic copy marked with the RFP
number, the consultant’s name before delivering to the address listed below. The
packets must be emailed directly to carina.baksa@cityofgilroy.org before the deadline.
Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed on line from the City’s website at
www.cityofgilroy.org 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 via e-mail. The questions will
be researched and the answers will be communicated to all known interested
Consultants and posted on the City’s website after the deadline for receipt of questions.
Prospective Consultant 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 Consultant.
Consultants are responsible for checking the City’s website for the issuance of any
addenda prior to submitting a proposal. The Consultant 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.
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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 procedure 17. This policy may be found on the City’s website, located
here: http://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-Purchasing-
Policy-.
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.
Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted;
however a Consultant may withdraw his or her Proposal at any time prior to the
scheduled closing time for receipt of Proposals; any Consultant may withdraw his or
her Proposal, either personally or by written request to the Issuing Office. Withdrawal
of Proposal shall not disqualify the Consultant from submitting another Proposal
provided the time for receipt of Proposals has not expired.
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 C ity ’s
best interest. In no event shall the City have any liability for the cancellation of award.
Duration of Proposals
Proposals must remain valid for at least 90 days. Proposals must be signed by an
official authorized to bind the Consultant.
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 the City selects a
Consultant.
Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of
a contract.
Selection Process
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The City reserves the right to select the Consultant on the basis of the proposals or to
conduct interviews with the highest qualified Consultants following evaluation and
scoring of the proposals, whichever is determined to best serve the needs of the
C ity . The City reserves the right to seek clarifications of any or all proposals.
Proposal Contents
The qualification packet, per category, shall be organized to include the following sections. Each packet
should be tabbed or marked with five (5) sections. The contents for each section are listed below, and
must be presented in the same order. The Consultant shall be responsible for preparing an effective and
clear proposal. Concise proposals without needless duplication are encouraged.
The packet must contain at a minimum the following information:
1. Cover Letter: Summarize the firm’s qualifications to provide consulting services for the City of
Gilroy. Provide name of contact person, phone number, and email address. Maximum one page.
2. Qualifications: Describe your firm’s experience and qualifications in conducting plan-check and
inspection services. Maximum four pages.
3. Relevant Experience: List projects completed by the firm relevant to the City of Gilroy and scope
of services requested and provide the following information for each project. Maximum six
pages:
a) outline the specific scope of services provided and describe how your firm met or exceeded
expectations;
b) identify the role of the firm (e.g., work was performed exclusively by the firm or a joint
venture);
c) highlight any key team members directly involved in the project who would be part of the
City of Gilroy on-call team;
d) specify if the project was completed within budget and on schedule (if not completed within
budget and schedule provide a very brief statement explaining why); and
e) provide the client’s contact information including name, title, and phone number as a
reference.
4. Key Team Member Summary: Identify key team members of the firm who would be directly
involved with the Gilroy on-call services. For each team member, summarize the typical role and
responsibilities of the individual, and list experience relative to the typical role(s). Maximum six
pages.
5. Costs: Provide an outline of the hourly rate schedule for the key team members and include
associated administrative/technical support fee structure (e.g., administrative fees, mileage,
travel time, reproduction costs).
Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate the Consultants.
• Consultant’s understanding of the scope of services
Does the proposal reflect a clear understanding of the proposed Scope of
Services?
• Consultant’s corporate and team member qualifications and experience
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Do the qualifications and experience of the consultant firm and individual
proposed team members demonstrate a quality that gives confidence of a high
value and excellence of service delivery for the City?
• Consultant’s references quality and responses
Are the references from similar sized cities, are they provided the same or similar
services as proposed, and how did the reference rate the proposing Consultant?
• Overall quality of the response to the RFP
Were the answers clear, concise, and well formulated? Does the proposal
document make sense, is it structured well, and address all matters fully?
• Consultant’s cost proposal
Is the proposed cost proposal acceptable? Is the basis for the billing structure
reasonable?
Total Score
Each packet submittal will be reviewed and scored, per the criteria described above.
Based on the number and quality of responses, Consultants may be asked to continue to
the interview/presentation step in the process. Each package may receive a maximum of
50 points, as summarized below:
CRITERIA POINTS
Understanding of the scope of services 15
Corporate and team member qualifications and
experience 10
References quality and responses 10
Overall quality of the response to the RFP 10
Cost proposal 5
TOTAL 50
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Scope of Work
1. Commercial and industrial (structural and non - structural) building plans and fire suppression,
detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial, and
industrial in accordance with the approved documents, adopted codes and standards amended
by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions include but are
not limited to: writing plan review reports, holding meetings, answering inquiries and phone
calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies and
jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, as they
may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a timely
manner.
COMMUNICATION STANDARDS
6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone conversations, e-
mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request.
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Attachment A - Sample Agreement for Services Contract
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
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 CONSULTANT: , having a principal place of business at .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will be effective on and will continue in effect through unless
terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
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B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insured’s on the
Comprehensive Liability insurance policy referred to in (a) immediately above via a specific
endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a
material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
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• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
1. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no
later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
2. If CONSULTANT is an individual, this Agreement shall be deemed automatically
terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
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2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
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assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CITY OF GILROY
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By: By:
Name: Name:
Title: Title:
Social Security or Taxpayer
Identification Number
Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign________, who will act in the capacity of
Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement,
______________shall be the designated City contact person(s). Notice to Proceed shall be deemed
to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as
provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
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other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consider ation, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
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EXHIBIT “C”
MILESTONE SCHEDULE
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EXHIBIT “D”
PAYMENT SCHEDULE
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 1st day of July, 2021, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Bureau Veritas North America, Inc., having a principal place of business at
180 Promenade Circle, Suite 150, Sacramento, CA 95834.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 7/15/2021 and will continue in effect through
6/30/2024, with two, one-year extensions possible unless terminated in accordance with the
provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in
Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $514,740.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
7.B.b
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
7.B.b
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
7.B.b
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
7.B.b
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current
form and as it may be amended from time to time. CONSULTANT shall also requir e such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
7.B.b
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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performa nce of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
7.B.b
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit “A”, Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
BUREAU VERITAS NORTH
AMERICA, INC.
CITY OF GILROY
By: By:
Name: Craig Baptista Name: Jimmy Forbis
Title: Vice President, Facilities - West
Region
Title: City Administrator
Social Security or Taxpayer
Identification Number 06-1689244
7.B.b
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Approved as to Form ATTEST:
City Attorney City Clerk
7.B.b
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Leo Depaola, who will act in the capacity
of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Hipolito
Olmos shall be the designated City contact person(s). Notice to Proceed shall be deemed to have
been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in
the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
7.B.b
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT’S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
7.B.b
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said m aterial at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.B.b
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H. NOTICES.
Notices are to be sent as follows:
CITY: Hipolito Olmos
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Leo Depaola
Bureau Veritas
180 Promenade Circle, Suite 150
Sacramento, CA 95818
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
7.B.b
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EXHIBIT “B”
SCOPE OF SERVICES
1. Commercial and industrial (structural and non - structural) building plans and fire
suppression, detection and alarm system plans.
COMPLIANCE STANDARDS
2. Perform comprehensive plan review service including all trades; other functions
include but are not limited to: writing plan review reports, holding meetings, answering
inquiries and phone calls as needed.
3. Incorporated requirements from other City departments, divisions, regulating agencies
and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health
Department, as they may apply to plan reviews.
4. Process plan revisions and verify that corrections have been satisfactorily made in a
timely manner.
COMMUNICATION STANDARDS
5. Provide a 1-800-number for service calls from Building and Fire Divisions and permit
applicants.
6. Be available to confer with applicants and City staff at City Hall by telephone
conversations, e- mail and fax during all normal business hours.
7. Provide in-house plans examining services at City Hall when requested to do so.
8. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
9. Meet with Building and Fire Marshal staff upon request.
7.B.b
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EXHIBIT “C”
MILESTONE SCHEDULE
All services within this agremeent will be conducted on an on-call basis whenever services are
requested by the CITY.
7.B.b
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EXHIBIT “D”
PAYMENT SCHEDULE
7.B.b
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 1st day of July, 2021, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: 4LEAF, Inc., having a principal place of business at 2126 Rheem Drive,
Pleasanton, CA 95488.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 7/15/2021 and will continue in effect through
6/30/2024, with two, one-year extensions possible unless terminated in accordance with the
provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in
Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT’S services.
7.B.c
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $1,715,800.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
7.B.c
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissi ons of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
7.B.c
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
7.B.c
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
7.B.c
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current
form and as it may be amended from time to time. CONSULTANT shall also requir e such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
7.B.c
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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performa nce of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
7.B.c
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit “A”, Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
4LEAF, INC. CITY OF GILROY
By: By:
Name: Kevin Duggan Name: Jimmy Forbis
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3393574
7.B.c
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Approved as to Form ATTEST:
City Attorney City Clerk
7.B.c
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Mike Leontiades, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Hipolito
Olmos shall be the designated City contact person(s). Notice to Proceed shall be deemed to have
been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in
the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
7.B.c
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT’S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
7.B.c
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.B.c
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H. NOTICES.
Notices are to be sent as follows:
CITY: Hipolito Olmos
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Mike Leontiades
4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine th e allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
7.B.c
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EXHIBIT “B”
SCOPE OF SERVICES
1. Commercial and industrial (structural and non - structural) building plans and fire
suppression, detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial,
and industrial in accordance with the approved documents, adopted codes and standards
amended by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions
include but are not limited to: writing plan review reports, holding meetings, answering
inquiries and phone calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies
and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health
Department, as they may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a
timely manner.
COMMUNICATION STANDARDS
6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit
applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone
conversations, e- mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request.
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EXHIBIT “C”
MILESTONE SCHEDULE
All services within this agremeent will be conducted on an on-call basis whenever services are
requested by the CITY.
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EXHIBIT “D”
PAYMENT SCHEDULE
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 1st day of July, 2021, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, Inc., having a principal place of business at 550 Pilgrim
Drive, Foster City, CA 94404.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 7/15/2021 and will continue in effect through
6/30/2024, with two, one-year extensions possible unless terminated in accordance with the
provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in
Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $1,715,800.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissi ons of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current
form and as it may be amended from time to time. CONSULTANT shall also requir e such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performa nce of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit “A”, Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CSG CONSULTANTS, INC. CITY OF GILROY
By: By:
Name: Cyrus Kianpour Name: Jimmy Forbis
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 91-2053749
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Michael Loomis, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Hipolito
Olmos shall be the designated City contact person(s). Notice to Proceed shall be deemed to have
been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in
the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT’S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, i nvoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclos ed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said m aterial at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.B.d
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H. NOTICES.
Notices are to be sent as follows:
CITY: Hipolito Olmos
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Michael Loomis
CSG Consultants
3150 Almaden Expressway, #255
San Jose, CA 95118
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
7.B.d
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EXHIBIT “B”
SCOPE OF SERVICES
1. Commercial and industrial (structural and non - structural) building plans and fire
suppression, detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial,
and industrial in accordance with the approved documents, adopted codes and standards
amended by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions
include but are not limited to: writing plan review reports, holding meetings, answering
inquiries and phone calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies
and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health
Department, as they may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a
timely manner.
COMMUNICATION STANDARDS
6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit
applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone
conversations, e- mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request.
7.B.d
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EXHIBIT “C”
MILESTONE SCHEDULE
All services within this agremeent will be conducted on an on-call basis whenever services are
requested by the CITY.
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EXHIBIT “D”
PAYMENT SCHEDULE
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of the Placement of Special Assessment Liens for
the Non-payment of Charges for the Collection of Garbage,
Rubbish, and Refuse on Certain Properties Located in the City of
Gilroy
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy imposing special
assessment liens for the costs of delinquent garbage collection services for certain
properties located in Gilroy, California. (Roll Call Vote)
BACKGROUND
In 1997, the City and South Valley Disposal and Recycling, Inc. (SVDR and now
Recology South Valley (Recology)) entered into an exclusive franchise agreement.
Under the agreement Recology provides mandatory garbage and refuse service,
intended to protect the health, safety and welfare of the residents of Gilroy through the
assurance of regular collection and sanitary disposal of garbage. Ultimately, the
property owner is held accountable for non-payment by a tenant.
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ANALYSIS
As part of the collection process, Recology notified property owners of delinquent
accounts on a monthly basis. In addition, Recology issued notices outlining the
delinquency process which notified the property owners of the administrative hearing
process. The administrative hearing allows the property owner to appeal their account
to the City Finance Director. Due to the COVID- 19 pandemic, the City and Recology
conducted a virtual administrative hearing session on April 29, 2021 to give the property
owners more opportunity for timely appeal of their accounts. Only one property owner
of the delinquent account holders attended the hearing.
The final notice was sent to the remaining delinquent accounts via certified mail on or
about May 15, 2021. This notice explained the process and outlined the procedures that
Recology was following to collect on the accounts.
The current delinquent account list (Report) as of June 18, 2021 is attached
(Attachment 1) which includes accounts amounting to $50,243. A revised Final Report
and updated amounts will be provided just prior to the Council meeting on July 1, 2021,
which will accommodate any subsequent adjustments and removal of accounts that
may have paid subsequent to the publishing of this report. This amount includes the 1%
collection fee charged by the Santa Clara County Tax Collector’s Office of $497.
This public hearing is to consider the Finance Director’s final report. The Council may
adopt, revise, reduce, or modify any charge shown in the Final Report. Pursuant to the
provisions of City Code §12.23-9, the Council’s review of the Final Report shall be
limited to the evidence presented at the Interim Finance Director’s administrative
hearing.
FISCAL IMPACT/FUNDING SOURCE
Approval of the Final Report does not impact the City’s budget. The City will collect the
delinquent amounts through the County tax roll on behalf of Recology.
CONCLUSION
Staff recommends that the Final Report be approved, confirmed and adopted, along
with the Resolution (Attachment 2) imposing the related liens.
NEXT STEPS
Once approved, the Final Report and Resolution shall be submitted by the City Clerk to
the County Auditor of the County of Santa Clara so that special assessments may be
levied upon these accounts.
PUBLIC OUTREACH
This public hearing was publicly noticed in the June 18th and June 25th editions of the
Gilroy Dispatch. All delinquent account holders were notified in billings and through
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specific mailings outlying the process for collection and notifying of this public hearing.
Attachments:
1. 2021 Resolution
2. Resolution Exhibit A - Lien Status as of June 18 2021
3. Updated Resolution Exhibit A: Final Lien Status Report as of June 30 2021
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RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY IMPOSING SPECIAL ASSESSMENT LIENS FOR THE
COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES
FOR CERTAIN PROPERTIES LOCATED IN GILROY,
CALIFORNIA
WHEREAS, the City Council of the City of Gilroy finds that regular and prompt collection
of garbage and refuse is necessary to protect the health, safety and welfare of the residents of this
City of Gilroy (“City”); and
WHEREAS, the City Council finds that to insure and protect the health, safety and welfare
of the residents of the City, providing for garbage and refuse collection service by exclusive franchise
is necessary; and
WHEREAS, the City and South Valley Disposal and Recycling, Inc. (“SVDR”) have entered
into an exclusive franchise agreement to provide that garbage and refuse services required by the
City subject to the provisions, terms and conditions set forth in the Franchise Agreement
(“Agreement”), dated September 2, 1997, as amended; and
WHEREAS, pursuant to Gilroy City Code Sections 12.23-2 through 12.23-12, the City and
SVDR have implemented a lien procedure for the collection of delinquent garbage and refuse
customer billings; and
WHEREAS, SVDR (now Recology South Valley or “Recology”) notified property owners
of delinquent accounts on a monthly basis, and issued notices explaining the delinquency process,
including the availability of the City’s administrative hearing process; and
WHEREAS, the City conducted an administrative hearing, on April 29, 2021; and
WHEREAS, on or about May 15, 2021 Recology sent a final notice by certified mail to the
property owners and tenants with outstanding delinquent accounts and set the final deadline for
payment. This notice also stated that Recology would assign the delinquent accounts to the City for
8.A.a
Packet Pg. 115 Attachment: 2021 Resolution (3314 : Garbage Liens)
RESOLUTION NO. 2021-XX
lien procedures in order to collect the amounts due as a special assessment if they were not timely
paid; and also included the date and time of the City Council meeting to review the Director’s Final
Report; and
WHEREAS, after the time period to hold the administrative hearings had expired, the
Director issued a Final Report to the City Council and Recology; and
WHEREAS, a duly noticed public hearing was held on July 1, 2021, at which hearing the
Council considered all testimony and evidence, including the Final Report and any protests
previously submitted regarding the amount of the assessment against the property owner’s property.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Director’s Final Report is hereby approved, confirmed and adopted in every particular
without modification.
2. The special assessment liens for garbage collection services as presented in the Final
Report, attached hereto as Exhibit “A” and incorporated herein by this reference, are
hereby approved and ordered to be filed in the office of the City Clerk as a permanent
record and to remain open to public inspection.
3. The special assessments as set forth in the Final Report shall include the delinquent
garbage and refuse collection service charges, administrative charges and the collection
fee charged by the Santa Clara County Tax Collector’s Office, and are hereby levied
and assessed against the properties as identified in the Final Report, and are hereby
ordered to be collected upon the last equalized, secured tax rolls upon which the
property taxes are collected. They shall be in addition to all other property taxes levied,
and shall be collected together with, and not separate therefrom, and enforced in the
same manner and by the same persons at the same time and with the same penalties and
interest of said property taxes. All laws applicable to the collection and enforcement of
said property taxes shall be applicable to said special assessment levies
4. Said Final Report together with the certificate of the City Clerk as to the facts and the
date of final approval, confirmation and adoption by Resolution by the City Council,
shall be forwarded to the Santa Clara County Tax Collector, who shall thereafter deliver
8.A.a
Packet Pg. 116 Attachment: 2021 Resolution (3314 : Garbage Liens)
RESOLUTION NO. 2021-XX
said Final Report, as adopted, to the officer of the County of Santa Clara designated by
law to extend property taxes upon the tax roll.
PASSED AND ADOPTED this 1st day of July 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
ATTEST: Marie Blankley, Mayor
LeeAnn McPhillips, City Clerk
8.A.a
Packet Pg. 117 Attachment: 2021 Resolution (3314 : Garbage Liens)
#Customer Name Service Address Service
Apt #Owner Name Owner Addr 2 Owner City Owner
State Owner Zip Lien #Acct #APN #Lien $County Fee
1%Total
1 GARCIA, FRANCISCO 7521 1/2 CHESTNUT STREET 1/2 MASOUMI BROTHERS LLC 12280 SARATOGA SUNNYVALE RD 211 SARATOGA CA 95070 18981 1151307 841-05-009 50.24 0.50$ 50.75$
2 WEAVER, JAMES & CANDICE 1940 LAVENDER WY WEAVER,CANDICE C & JAMES R 1940 LAVENDER WAY GILROY CA 95020 19025 1194901 783-52-028 52.00 0.52$ 52.53$
3 DE LA SERNA, OMAR & CHARLYN 1100 MARSANNE LANE DE LA SERNA,CHARLYN ETAL 1100 MARSANNE LN GILROY CA 95020 19081 1246925 808-50-001 52.30 0.52$ 52.83$
4 HUYNH, LOAN NGOC 7937 HANNA STREET HUYNH LOAN 230 UVAS ST MILPITAS CA 95035 19240 1387109 790-32-042 52.31 0.52$ 52.84$
5 DU, HANLIN 7770 WESTWOOD DRIVE DU,HANLIN 7226 BEJA CT ELK GROVE CA 95757 18885 1002336 808-10-046 60.04 0.60$ 60.65$
6 FANG, ARTHUR 331 BRAZOS ST GUO,PING 331 BRAZOS ST GILROY CA 95020 18967 1127844 790-16-249 63.28 0.63$ 63.92$
7 CABRERA, REBECCA & JORGE ALEX 7703 CURRY DRIVE CABRERA,JORGE A 7703 CURRY DR GILROY CA 95020 18983 1152909 810-83-062 63.28 0.63$ 63.92$
8 VALENZUELA, NORMA 430 ADAMS COURT GHOLAMIPOUR,MANUOCHER & MARY A 585 BAUMAN CT MORGAN HILL CA 95037 18830 863225 841-62-050 66.24 0.66$ 66.91$
9 IBANEZ, NATHAN & VERONICA 6540 KINGS PLACE CT IBANEZ,NATHAN A & VERONICA 6540 KINGS PL GILROY CA 95020 18876 991695 799-43-017 68.57 0.69$ 69.27$
10 BRUNTZ, ELISA IRENE 8190 FOREST STREET BETTENCOURT,ALBERT S & MARIA F 228 CHURCHILL PL GILROY CA 95020 19175 1334739 841-64-009 69.61 0.70$ 70.32$
11 VERCELUZ, MARLYN ARCILLA 113 CASPIAN WAY VERCELUZ,MARLYN A 113 CASPIAN WAY GILROY CA 95020 19170 1328939 808-48-127 69.74 0.70$ 70.45$
12 EBLING, GOEBEL & PAM 7711 SANTA BARBARA EPLING,GOEBEL G JR & PAMELA 7711 SANTA BARBARA DR GILROY CA 95020 19123 1283712 808-10-012 83.04 0.83$ 83.88$
13 GARCIA, SOPHIA 8950 RANCHO HILLS DR GARCIA,SOPHIA L TR 8950 RANCHO HILLS DR GILROY CA 95020 18785 550525 783-38-014 83.28 0.83$ 84.12$
14 AGUILAR, JOE 823 FESTA AGLIO DR AGUILAR,JOE JR 823 FESTA AGLIO DR GILROY CA 95020 18756 448621 790-52-067 85.32 0.85$ 86.18$
15 SANTIAGO, AUGUSTIN 135 LILLY AVENUE SANTIAGO,AUGUSTIN & ESTER 6970 GLENVIEW DR GILROY CA 95020 18703 174300 790-38-021 86.63 0.87$ 87.51$
16 CIGANEK, WILLIAM 2156 GULLANE WY JAYAN ELLE LLC 1122 BRACE AVE SAN JOSE CA 95125 18757 452482 810-48-050 87.17 0.87$ 88.05$
17 LOPEZ, RONNICA 245 LILLY AVENUE LOPEZ,ROLANDO C LIVING TRUST 2480 GLENVIEW DR HOLLISTER CA 95023 19194 1347673 790-38-027 87.92 0.88$ 88.81$
18 TAYLOR, MATT 9421 TRAILBLAZER TAYLOR,MATT P 9421 TRAILBLAZER WAY GILROY CA 95020 18743 347260 783-40-060 88.20 0.88$ 89.09$
19 CHAMBERS, PAMELA 7241 HANNA STREET #B B HART,DAVID C & BARBARA A TR ET 1647 EL DORADO DR GILROY CA 95020 19018 1188986 799-15-009 88.20 0.88$ 89.09$
20 VAN BOKKELEN, ROBERT 1274 BLACKSMITH VAN BOKKELEN,ROBERT & C LYNNE PO BOX 753 CHICO CA 95927 19189 1344209 783-40-025 94.38 0.94$ 95.33$
21 ROMERO, BRIAN 8390 CARMEL STREET ROMERO,BRIAN K 8390 CARMEL ST GILROY CA 95020 18683 144261 790-34-008 96.24 0.96$ 97.21$
22 VANDERHOFF, FRANK JOSEPH 390 E 8TH ST #A A ARTIGIONI INC 209 MARNELL AVE SANTA CRUZ CA 95062 19246 1380427 841-12-038 97.26 0.97$ 98.24$
23 DASHIELL, LINDA 7361 OLD TOMS CT DASHIELL,LINDA 7361 OLD TOMS CT GILROY CA 95020 19234 1383157 810-49-001 97.64 0.98$ 98.63$
24 MENDOZA, ROSANNA 318 CHURCHILL PLACE YALUNG,ELAINE L & LOURENCE M 35674 FARNHAM DR NEWARK CA 94560 18841 904862 799-42-071 97.88 0.98$ 98.87$
25 DE LEON, MARILYN 6111 HYDE PARK DRIVE VERMA,SAVITA A 1220 TASMAN DR 248 SUNNYVALE CA 94089 19158 1316793 808-49-061 98.50 0.99$ 99.50$
26 BAPTISTA, SARAH 1453 PHEASANT DRIVE BAPTISTA,SARAH L TR 1453 PHEASANT DR GILROY CA 95020 18847 921916 783-50-057 99.96 1.00$ 100.97$
27 QUINTANAR, JUAN III 791 LA ALONDRA WAY GOBLIRSCH,ANTHONY J & HOPE M 1662 ROBERTA DR SAN MATEO CA 94403 19120 1282052 790-25-030 100.00 1.00$ 101.01$
28 MACIEL-HERNANDEZ, ALEJANDRO 1215 QUALTERI WAY TRI POINTE HOMES INC 2700 CAMINO RAMON 130 SAN RAMON CA 94583 19239 1385632 808-57-032 100.08 1.00$ 101.09$
29 JARQUIL, VALENTINA 550 E 8TH ST #10 10 ROCHA,JOE A & VICTORIA M 575 SOUTHSIDE DR C GILROY CA 95020 18956 1115245 841-12-053 100.24 1.00$ 101.25$
30 GONZALES, MARTIN 7741 CHURCH STREET ZACHARIAH,ABRAHAM & LAILA TR E 10580 GUIBAL AVE GILROY CA 95020 19060 1227420 799-03-007 103.08 1.03$ 104.12$
31 ALEXANDRE, ANALISA 9207 EL CAMINITO ALEXANDRE,CARLOS V JR 9207 EL CAMINITO GILROY CA 95020 19034 1202415 783-34-062 103.24 1.03$ 104.28$
32 SMITH, SHEILA 9440 TRAILBLAZER JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 18753 439919 783-40-023 103.84 1.04$ 104.89$
33 CHAVEZ, FRANCISCO 681 ARNOLD DRIVE CHAVEZ,FRANCISCO R 681 ARNOLD DR GILROY CA 95020 18680 138867 790-29-017 104.61 1.05$ 105.67$
34 TOSCANO, RENE 1100 3RD ST TOSCANO,RENE 1100 3RD ST GILROY CA 95020 18714 197442 808-06-069 104.61 1.05$ 105.67$
35 STEPHENS, DIANE 650 ANTONIO COURT STEPHENS,DIANE W 650 ANTONIO CT GILROY CA 95020 18745 361774 799-44-080 104.61 1.05$ 105.67$
36 BRISCOE, MICHAEL 1453 OUSLEY DRIVE BRISCOE,MICHAEL A 1453 OUSLEY DR GILROY CA 95020 18755 448530 783-22-048 104.61 1.05$ 105.67$
37 GREWAL, RAVINDER K.9020 CALLE DEL REY GREWAL,KINDERJIT S & RAVINDER 9020 CALLE DEL REY GILROY CA 95020 18764 473926 783-59-002 104.61 1.05$ 105.67$
38 RUIZ-COLIMA, OSCAR 7350 ALEXANDER ST MONTES,ANNA 180 6TH ST GILROY CA 95020 18795 604835 841-08-040 104.61 1.05$ 105.67$
39 BROLIN, DENISE 1205 3RD ST BROLIN,DENISE M 1205 3RD ST GILROY CA 95020 18825 829077 808-09-040 104.61 1.05$ 105.67$
40 AVILA, EROLINDA 7201 CHURCH STREET JASO,MARTHA M TR ETAL 7370 CHESTNUT ST GILROY CA 95020 18848 921981 799-09-012 104.61 1.05$ 105.67$
41 DUNCKEL, WALTER 7398 CARR PLACE DUNCKEL,WALTER & JANN 7398 CARR PL GILROY CA 95020 18857 954271 808-16-037 104.61 1.05$ 105.67$
42 RIVERA-PELINO, PATRICIA 9135 JARDIN WAY PELINO,PATRICIA RIVERA TR 9135 JARDIN WAY GILROY CA 95020 18858 957068 790-16-258 104.61 1.05$ 105.67$
43 PROPHET, APRIL 5452 MESA ROAD PROPHET,APRIL A & DANIEL B 5452 MESA RD GILROY CA 95020 18879 995076 810-30-041 104.61 1.05$ 105.67$
44 ZANGER, CHARLES 7671 PRINCEVALLE ST ZANGER,CHARLES 7671 PRINCEVALLE ST GILROY CA 95020 18919 1058213 799-23-027 104.61 1.05$ 105.67$
45 MIRAMONTES, CATHERINE 331 WALNUT LANE MIRAMONTES,GUADALUPE & CATHERI 331 WALNUT LN GILROY CA 95020 18963 1120187 841-03-038 104.61 1.05$ 105.67$
46 QIN, CHE 2465 MUIRFIELD WY ZHENG,WEIQING 2465 MUIRFIELD WAY GILROY CA 95020 18968 1128586 810-54-016 104.61 1.05$ 105.67$
47 KARANJA, ISAACK 1260 LONGMEADOW KARANJA,ISAACK 1260 LONGMEADOW DR GILROY CA 95020 18969 1128966 783-40-069 104.61 1.05$ 105.67$
48 MONDRAGON, ROSALIA 6730-B FILBRO DRIVE B IWANAGA,TOM T & TOSHIKO 14335 CENTER AVE A SAN MARTIN CA 95046 18985 1154343 799-44-035 104.61 1.05$ 105.67$
49 REYES, MINDY 1025 SPRIG WAY FILICE,CRAIG P 7888 WREN AVE D143 GILROY CA 95020 18988 1159417 783-76-001 104.61 1.05$ 105.67$
50 WOOD, KAMALA 915 SUMMERHILL CR XUE,YUANNONG 915 SUMMERHILL CIR GILROY CA 95020 18991 1164896 790-55-014 104.61 1.05$ 105.67$
51 TANEDO, ERIC 19 LUSITANO WAY TANEDO,ERIC ETAL 19 LUSITANO WAY GILROY CA 95020 19002 1176510 808-49-016 104.61 1.05$ 105.67$
52 DEMAYO, VALENTINO 6371 TANNAT LANE THAI,DEMAYO LIVING TRUST 6371 TANNAT LN GILROY CA 95020 19038 1206101 808-52-007 104.61 1.05$ 105.67$
53 VERKAMP, MARY 9500 EAGLE VIEW WAY VERKAMP,MARY G 9500 EAGLE VIEW WAY GILROY CA 95020 19066 1232784 783-42-005 104.61 1.05$ 105.67$
54 ALVA, JOHNNELL 1120 MARSANNE LANE ALVA,JOHNNELL P 1120 MARSANNE LN GILROY CA 95020 19078 1246545 808-50-002 104.61 1.05$ 105.67$
55 CARDENAZ-VELAZQUEZ, ANTONIA 460 IOOF AVENUE #A A MONTES,JOSE O & ANNA P 180 E 6TH ST GILROY CA 95020 19093 1256791 841-03-005 104.61 1.05$ 105.67$
56 ORTEGA, ANTHONY & JULIET 8391 DELTA COURT ORTEGA,ANTHONY B III & ANTHONY 8391 DELTA CT GILROY CA 95020 19101 1266857 783-28-006 104.61 1.05$ 105.67$
57 PETERSON, SUSAN EILEEN 8762 LIONS CREEK DR RAUSCHNOT,MICHAEL J & SHARADIN 8762 LIONS CREEK DR GILROY CA 95020 19111 1275981 783-35-011 104.61 1.05$ 105.67$
58 SEPULVEDA-AVILA, JUAN CARLOS 470 IOOF AVENUE #A A CORTEZ,JACKLYN & JOSE J JR 470 I O O F AVE GILROY CA 95020 19117 1280270 841-03-004 104.61 1.05$ 105.67$
59 JASO, JOEL 7522 CHESTNUT STREET JASO,MARTHA M TR ETAL 7370 CHESTNUT ST GILROY CA 95020 19127 1287077 841-07-064 104.61 1.05$ 105.67$
60 HSU, BRYAN 8300 DELTA DRIVE #C C HILLTOP CHURCH 250 WNOPAH VISTA AVE PAHRUMP NV 89060 19134 1292200 783-25-003 104.61 1.05$ 105.67$
61 NGUYEN, NGUYEN THI THAO 109 CASPIAN WAY NGUYEN,NGUYEN T T 109 CASPIAN WAY GILROY CA 95020 19150 1305960 808-49-067 104.61 1.05$ 105.67$
62 SICAIROS, YVETTE 1470 BAY TREE DRIVE LONGWORTH,DARREN S & MARNIE TR 1470 BAY TREE DR GILROY CA 95020 19151 1306331 783-35-055 104.61 1.05$ 105.67$
63 LABRASCA, NICHOLAS MICHAEL 78 CASPIAN WAY LABRASCA,NICHOLAS & SHANE ETAL 78 CASPIAN WAY GILROY CA 95020 19171 1330414 808-48-033 104.61 1.05$ 105.67$
64 SANDERS, DEAN ALLEN 1555 ZEPHYR PLACE SANDERS,DEAN A 1555 ZEPHYR PL GILROY CA 95020 19183 1340124 808-55-002 104.61 1.05$ 105.67$
65 FERNANDEZ, DANIELLE 455 LINCOLN COURT OSEGUERA,JESUS 455 LINCOLN CT GILROY CA 95020 19198 1349802 835-27-040 104.61 1.05$ 105.67$
8.A.b
Packet Pg. 118 Attachment: Resolution Exhibit A - Lien Status as of June 18 2021 (3314 : Garbage Liens)
#Customer Name Service Address Service
Apt #Owner Name Owner Addr 2 Owner City Owner
State Owner Zip Lien #Acct #APN #Lien $County Fee
1%Total
66 HARO, RYAN 88 CASPIAN WAY LOOK,RICHARD W LIVING TRUST 88 CASPIAN WAY GILROY CA 95020 19214 1360635 808-48-040 104.61 1.05$ 105.67$
67 CHAVEZ TORRES, BEATRIZ 1240 JUNIPER DRIVE #A A BK BROWN FAM 438 N EL CAMINO REAL SAN CLEMENTE CA 92672 19216 1361229 808-02-022 104.61 1.05$ 105.67$
68 SANCHEZ, ALEJANDRA 8002 #201 CHURCH STREET 201 HEWELL,MARK E & SABRINA L TR PO BOX 1901 GILROY CA 95021 19217 1362813 790-37-010 104.61 1.05$ 105.67$
69 PENA PONCE, JOSE 922 MORO CT ZAVALA,MARITZA T 922 MORO CT GILROY CA 95020 19226 1373844 790-58-007 104.61 1.05$ 105.67$
70 TORRES, RODNEY 8445 MURRAY AVENUE BERTOLONE,ELIZABETH C TR 8435 MURRAY AVE GILROY CA 95020 19233 1383074 835-01-011 104.61 1.05$ 105.67$
71 PEREYRA, MARTIN & IRENE 480 ARNOLD DRIVE PEREYRA,DAVID 480 ARNOLD DR GILROY CA 95020 18678 138628 790-29-032 106.93 1.07$ 108.01$
72 RODRIGUEZ, AMBROSIO & REGINA 8895 KERN AVENUE MENDEZ,FREDDY & REGINA 8895 KERN AVE GILROY CA 95020 19033 1200955 790-62-006 111.08 1.11$ 112.20$
73 PACHECO, LUIS 421 W 10TH ST PACHECO,LUIS R 421 W 10TH ST GILROY CA 95020 18861 965350 799-13-045 111.24 1.11$ 112.36$
74 WONG, JEFF 7471 CRAWFORD DRIVE WONG,ALFRED F & NINA L TR 758 GARY ST GILROY CA 95020 18692 149930 808-34-010 114.16 1.14$ 115.31$
75 SILVA, RICARDO 460 SHERWOOD DRIVE PEREZ,MANUEL O & LETICIA R 640 SHERWOOD DR GILROY CA 95020 18907 1034735 790-30-050 116.24 1.16$ 117.41$
76 KUZMIAK, DANIELLE 720 EL CERRITO WAY VAQUERANO,PYHER 720 EL CERRITO WAY GILROY CA 95020 19236 1384973 790-23-020 120.10 1.20$ 121.31$
77 EVANSWEMUSA, STEPHANIE 7922 CINNAMON WAY WEMUSA,AKIL 3568 TELEGRAPH DR SAN JOSE CA 95132 19046 1211648 810-85-030 122.16 1.22$ 123.39$
78 CASTILLO, ARIANE 1470 AMBER COURT TRAGARZ,DENNIS E TR 7204 VIA COLINA SAN JOSE CA 95139 18871 982769 808-26-036 123.72 1.24$ 124.97$
79 EBANDA, STEPHAN 8501 MOSSROSE WY JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 19157 1315134 783-03-049 126.53 1.27$ 127.81$
80 BRADDOCK, CATRINA 7934 MUSTARD SEED WAY GUTIERREZ,CHRYSTOFER G 7934 MUSTARD SEED WAY GILROY CA 95020 19235 1384932 810-87-020 130.10 1.30$ 131.41$
81 ZARCO-AGUILAR, YURITZY 8887 LILLY AVENUE AGUILAR,YURITZY Z ETAL 8887 LILLY AVE GILROY CA 95020 19015 1186055 790-15-046 137.87 1.38$ 139.26$
82 RIOS, ANGEL JR.9112 EL VERANO WAY RIOS,ANGEL JR & SONYA 9112 EL VERANO WAY GILROY CA 95020 18726 259820 790-16-083 144.53 1.45$ 145.99$
83 FARIAS, LEONARDO REYNA 470 GAVILAN COURT MAGANA,BENJAMIN V & BERTHA 6235 MONTEREY RD GILROY CA 95020 19096 1262559 835-27-008 145.97 1.46$ 147.44$
84 CABRERA, FRANK 914 SORRENTO CT CABRERA,FRANK V ETAL 914 SORRENTO CT GILROY CA 95020 18768 493718 790-58-061 147.12 1.47$ 148.60$
85 MARTINEZ, ESMERALDA 9357 RODEO DR MARTINEZ,ESMERALDA 9357 RODEO DR GILROY CA 95020 19017 1187673 783-49-019 147.32 1.47$ 148.80$
86 SCAGLIOTTI, R. J 753 CARLA WAY SCAGLIOTTI,JUDITH K 753 CARLA WAY GILROY CA 95020 18682 142729 790-19-023 150.12 1.50$ 151.63$
87 GONZALEZ, ANTHONY 1180 MARIPOSA STREET GONZALES,ANTHONY H & ISELA ETA 1180 MARIPOSA ST GILROY CA 95020 18767 480434 783-34-011 150.12 1.50$ 151.63$
88 HERNANDEZ, SANDRA 901 CASCIANO CR GONZALEZ,JOSE J & MARIA ETAL 901 CASCIANO CIR GILROY CA 95020 18774 510750 790-58-064 150.12 1.50$ 151.63$
89 FISSEL, DAVID 980 BLAKE COURT FISSEL,DAVID J & NANNETTE L TR 980 BLAKE CT GILROY CA 95020 18791 560193 808-32-069 150.12 1.50$ 151.63$
90 DE LA TORRE, MARIA 9319 LONE DEER DE LA TORRE,MARIA E 9319 LONE DEER WAY GILROY CA 95020 18866 976050 783-49-048 150.12 1.50$ 151.63$
91 MADRIL, DENISE 7170 HARVARD PLACE MADRIL,DENISE J 1479 LUPINE CT GILROY CA 95020 18895 1013077 799-37-062 150.12 1.50$ 151.63$
92 CHANGARAMKUMARATH, SARATH 9591 HUMMINGBIRD LANE SASIDHARA,SARATH C 9591 HUMMINGBIRD LN GILROY CA 95020 18939 1091636 790-65-082 150.12 1.50$ 151.63$
93 PALMER, THOMAS 1055 ORTEGA CIRCLE PALMER,THOMAS M 1055 ORTEGA CIR GILROY CA 95020 18972 1137868 808-28-012 150.12 1.50$ 151.63$
94 MARTIN, CATHERINE 7861 EIGLEBERRY ST WILSON,LESLIE H TR ETAL 5962 BRIDGEPORT LAKE WAY SAN JOSE CA 95123 18997 1173293 799-01-028 150.12 1.50$ 151.63$
95 RESURRECCION, KRIS 120 CHURCHILL PLACE RESURRECCION,KRIS F & DOMINGO 120 CHURCHILL PL GILROY CA 95020 19004 1176833 799-46-029 150.12 1.50$ 151.63$
96 SANTO, EDWIN 1381 PEREGRINE DRIVE SANTO,EDWIN ICHIRO TR 1381 PEREGRINE DR GILROY CA 95020 19062 1228311 783-55-018 150.12 1.50$ 151.63$
97 BUGNA, CHARLOTTE 2520 CLUB DR MAHGOUB,NIDAL A 2520 CLUB DR GILROY CA 95020 19088 1253822 810-52-031 150.12 1.50$ 151.63$
98 LEON, CARLOS RAUL 965 BLAKE COURT CAUICH,CARLOS RICARDO L ETAL 965 BLAKE CT GILROY CA 95020 19105 1271717 808-32-066 150.12 1.50$ 151.63$
99 SIERRA, ALEXANDRA ROSE 1288 SWANER DRIVE JONG,PHILLIP NEAL 4073 LAKESIDE DR SAN JOSE CA 95148 19128 1288414 790-02-012 150.12 1.50$ 151.63$
100 DE JESUS, MANNY 7850 ROSANNA STREET HERNANDEZ,SALVADOR ANGEL & ANA 7850 ROSANNA ST GILROY CA 95020 19146 1304898 799-01-055 150.12 1.50$ 151.63$
101 GUSTAMNETES, LETICIA ISABEL 7674 BENASSI DRIVE GUSTAMANTES,LETICIA I & JOHN M 7674 BENASSI DR GILROY CA 95020 19166 1325844 808-26-049 150.12 1.50$ 151.63$
102 CORRAL, ADOLFO 9632 EAGLE HILLS WAY PAUNETO,EDWIN 9632 EAGLE HILLS WAY GILROY CA 95020 19195 1348143 783-55-025 150.12 1.50$ 151.63$
103 RAM, KAMINI 1720 HEMLOCK CT GARCIA,GABRIEL 1720 HEMLOCK CT GILROY CA 95020 19222 1371244 783-71-035 150.12 1.50$ 151.63$
104 THUNDERBULL, KIM 9369 LONE DEER JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 18964 1122910 783-49-032 150.42 1.50$ 151.93$
105 GOMEZ, LYDIA 905 SUMMERHILL CR GOMEZ,LYDIA E ETAL 113 ESFAHAN DR SAN JOSE CA 95111 18875 987552 790-55-015 150.84 1.51$ 152.36$
106 SAGRERO, JENNIFER 8985 DEL RIO CIRCLE XU,BINGXUE 210 THYME AVE MORGAN HILL CA 95037 18979 1147206 790-16-159 151.94 1.52$ 153.47$
107 SARABIA GARAY, REFUGIO 7770 EIGLEBERRY ST #C C REIMAL FAMILY PROPERTIES LLC 7770 EIGLEBERRY ST GILROY CA 95020 19186 1342575 799-03-075 155.42 1.55$ 156.98$
108 LOZANO, DANIELLA 754 TENNYSON DR LOZANO,DANIELLA M 4949 PORTMARNOCH CT SAN JOSE CA 95138 19177 1336361 808-45-053 165.18 1.65$ 166.84$
109 KATO, REBECCA 881 WOODCREEK WY ANSO LLC 211 10TH ST 222 OAKLAND CA 94607 19190 1346501 790-55-031 165.63 1.66$ 167.30$
110 SULLIVAN, STEVEN E.6650 BOGIALA WAY SULLIVAN,STEVEN E & CHERYL L 6650 BOGIALA WAY GILROY CA 95020 19077 1245802 808-50-036 170.40 1.70$ 172.11$
8.A.b
Packet Pg. 119 Attachment: Resolution Exhibit A - Lien Status as of June 18 2021 (3314 : Garbage Liens)
#Customer Name Service Address Service
Apt #Owner Name Owner Addr 2 Owner City Owner
State Owner Zip Lien #Acct #APN #Lien $County Fee
1%Total
111 LANDERS, LORI 30 STURLA WAY LANDERS,ERIC E & LORI D 30 STURLA WAY GILROY CA 95020 18874 987370 790-07-054 173.96 1.74$ 175.71$
112 ORTIZ, CARLOS 7224 HANNA STREET #A A HINDS,JOE H 2060 WILDER CT GILROY CA 95020 19205 1356161 799-15-039 183.73 1.84$ 185.58$
113 APOR, PETE 7273 EIGLEBERRY ST APOR,PETE E & ROSARIO J TR 14639 BADGER PASS RD MORGAN HILL CA 95037 18833 882902 799-09-028 184.36 1.84$ 186.21$
114 BENTON, TIMOTHY 276 CARLYLE COURT LOPEZ,ANTONIO 276 CARLYLE CT GILROY CA 95020 18941 1098557 790-38-049 186.10 1.86$ 187.97$
115 SILVA, STEPHANIE 585 ADAMS COURT HERRERA,JESUS J & MARIA L TR 1715 COLONY CT GILROY CA 95020 19167 1327139 841-62-056 195.24 1.95$ 197.20$
116 JIMENEZ, HECTOR 7760 ROSANNA STREET BLANCO,HECTOR J 7760 ROSANNA ST GILROY CA 95020 18752 439307 799-03-019 196.80 1.97$ 198.78$
117 KATO, MELISSA 305 VICTORIA DRIVE KATO,MELISSA ETAL 305 VICTORIA DR GILROY CA 95020 18982 1152446 799-42-073 196.80 1.97$ 198.78$
118 VILLA, JOSE 2165 PERIWINKLE DR VILLA,JOSE 2165 PERIWINKLE DR GILROY CA 95020 18984 1153311 783-46-030 196.80 1.97$ 198.78$
119 HUANG, SUSAN AND 6720 CHURCH STREET WHITE LIVING TRUST 6720 CHURCH ST GILROY CA 95020 19104 1268093 799-33-003 196.80 1.97$ 198.78$
120 CM PROPERTY MANAGEMENT INC 871-B EL CERRITO WAY B MATUSICH,RICHARD G TR 7964 KEMPER CT PLEASANTON CA 94588 19162 1324235 790-22-008 197.00 1.97$ 198.98$
121 GUTIERREZ PATINO, CARINA 7264 DOWDY STREET NSMS PROPERTIES LLC 7264 DOWDY ST GILROY CA 95020 19225 1373703 799-15-022 199.00 1.99$ 201.00$
122 BELL, MELISSA 9098 SOLEDAD STREET BELL,MARTHA I TR 9098 SOLEDAD ST GILROY CA 95020 18965 1125921 783-37-043 199.57 2.00$ 201.58$
123 WALTON, JAMIE 180 SHIRE STREET HA,QUYENH 180 SHIRE ST GILROY CA 95020 19053 1222512 808-48-122 199.57 2.00$ 201.58$
124 HERNANDEZ, ART 797 GARY STREET LOPEZ,INESS V TR 8155 WESTWOOD DR 12 GILROY CA 95020 19016 1186642 790-20-028 204.61 2.05$ 206.67$
125 PEREZ, RACHELLE 561 ARNOLD DRIVE PEREZ,RACHELLE O 561 ARNOLD DR GILROY CA 95020 18679 138735 790-29-010 209.22 2.09$ 211.32$
126 FERNANDEZ, MURIEL 411 LEWIS STREET FERNANDEZ FAMILY TRUST 411 LEWIS ST GILROY CA 95020 18739 328336 841-03-110 209.22 2.09$ 211.32$
127 TRAN, RACHEAL 3030 CLUB DR TRAN,RACHEL 3030 CLUB DR GILROY CA 95020 18839 901587 810-56-001 209.22 2.09$ 211.32$
128 NEWTON, CHELSEY JANAE 763-C EL CERRITO WAY C SCIUTTO,GEORGE J & ANITA L TR 535 RIVERVIEW DR CAPITOLA CA 95010 18944 1100122 790-24-072 209.22 2.09$ 211.32$
129 DEL VECCHIO, MICHELLE 1980 CLUB DR DEL VECCHIO,MICHELE H & ANTHON 1980 CLUB DR GILROY CA 95020 18948 1102615 810-48-009 209.22 2.09$ 211.32$
130 HAECKEL, ANNE MARIE 42 SISTER CITY WAY HAECKEL,ANNE M TR 42 SISTER CITY WAY GILROY CA 95020 18949 1105527 799-33-097 209.22 2.09$ 211.32$
131 WRIGHT, JONATHAN 6495 SUSSEX PLACE HOLCOMB,JAMES ETAL 6495 SUSSEX PL GILROY CA 95020 18961 1119874 799-45-010 209.22 2.09$ 211.32$
132 NUNEZ, MICHELLE 7621 ROSANNA STREET GONZALEZ,RUBEN A & ESPERAZA D PO BOX 2170 GILROY CA 95021 19020 1190784 799-05-009 209.22 2.09$ 211.32$
133 PUPACH, TIMOTHY AND ANDREA 7681 FOREST ST PUPACH,TIMOTHY A & ANDREA D TR 1173 DORALEE WAY SAN JOSE CA 95125 19024 1194802 841-82-038 209.22 2.09$ 211.32$
134 DEMERS, CHRISTOPHER 6381 BLACKBERRY CT DEMERS,CHRISTOPHER J 390 LOS PINOS WAY SAN JOSE CA 95123 19213 1359793 808-40-011 209.22 2.09$ 211.32$
135 AVILA, GRACE 880 EL CERRITO WAY #A A BAKHTAR,MOHAMMAD H ETAL 2500 DRYDEN AVE GILROY CA 95020 19169 1328830 790-22-011 209.30 2.09$ 211.40$
136 TENORIO, DONNA 7311 B EIGLEBERRY ST B LUONG,NHON VAN ETAL 2320 MILLSTREAM LN SAN RAMON CA 94582 18899 1021179 799-08-021 213.25 2.13$ 215.39$
137 ALVAREZ, ALFREDO 9525 GRANDE DRIVE ALVAREZ,CHRISTINA L & ALFREDO 9525 GRANDE DR GILROY CA 95020 18894 1012384 783-76-018 214.62 2.15$ 216.78$
138 AGUIRRE, MARTIN 551 FAIRVIEW DR GONZALEZ,YOLANDA 2456 ELKINS WAY SAN JOSE CA 95121 18814 690180 799-13-023 216.24 2.16$ 218.41$
139 RAE, CHRISTY 7560 DOWDY STREET #A A FURNANZ,GEORGE 7560 DOWDY ST GILROY CA 95020 19125 1285790 799-19-050 231.03 2.31$ 233.35$
140 PUA, SUSHMITA 7350 PRINCEVALLE ST PUA,LEONA 9087 SAN JUAN CT GILROY CA 95020 19149 1305929 799-17-013 234.22 2.34$ 236.57$
141 GUAJARDO, BACILIO 6860 ROSANNA STREET GUAJARDO,REBECCA & BASIL ETAL 6860 ROSANNA ST GILROY CA 95020 18709 188565 799-32-006 234.53 2.35$ 236.89$
142 BERTOLONE, ELIZABETH 8435 MURRAY AVENUE BERTOLONE,ELIZABETH C TR 8435 MURRAY AVE GILROY CA 95020 19008 1180769 835-01-012 234.77 2.35$ 237.13$
143 LASATER, GAIL OR 415 GARFIELD COURT LASATER,GAIL D 415 GARFIELD CT GILROY CA 95020 18696 162628 835-03-057 237.97 2.38$ 240.36$
144 DEGENERES, JONATHAN & ZAYRA F.7493 HOYLAKE CT DEGENERES,JONATHAN 7493 HOYLAKE CT GILROY CA 95020 19047 1212117 810-50-035 245.07 2.45$ 247.53$
145 GRIJALVA, CARMEN G 525 TAFT COURT JUAREZ,IGNACIO 525 TAFT CT GILROY CA 95020 18713 196618 841-62-016 264.13 2.64$ 266.78$
146 ESCUTIA, RUSBELDA 7957 HANNA STREET #1 1 KUANG,BOB & JUDY 7957 HANNA ST GILROY CA 95020 19055 1223262 790-32-041 270.60 2.71$ 273.32$
147 ALVAREZ, ISAAC 650 GLENVIEW COURT ALVAREZ,ISAAC 650 GLENVIEW CT GILROY CA 95020 18852 932590 799-40-028 277.92 2.78$ 280.71$
148 WALSH, CHARMAINE 512 HADLEY COURT WALSH,CHARMAINE ELISE 215 BEEGUM WAY SAN JOSE CA 95123 18812 666677 841-53-041 278.41 2.78$ 281.20$
149 BOYER, DAVID 821 5TH STREET BOYER,DAVID B JR 821 5TH ST GILROY CA 95020 18886 1002344 799-24-019 286.24 2.86$ 289.11$
150 TREVINO, EDWARD 385 GURRIES DRIVE UNITED AMERICAN BK 1515 WELBURN AVE GILROY CA 95020 18904 1028844 790-35-017 297.08 2.97$ 300.06$
151 MANCERA, SHANTE 1205 CHESBRO WAY CLARK,CHERYL ETAL 1205 CHESBRO WAY GILROY CA 95020 18687 145391 790-03-036 300.24 3.00$ 303.25$
152 VERGARA, JOE 9153 RANCHO HILLS DR VERGARA LIVING TRUST 9153 RANCHO HILLS DR GILROY CA 95020 18778 526988 783-44-044 300.24 3.00$ 303.25$
153 BIGELOW, QUINTER 1585 WELBURN AVENUE BIGELOW,QUINTER 1585 WELBURN AVE GILROY CA 95020 18849 923417 783-26-003 300.24 3.00$ 303.25$
154 BROWN, CAYLEE 9850 BOBCAT COURT BROWN,RYAN & CAYLEE C 9850 BOBCAT CT GILROY CA 95020 18992 1165299 783-77-021 300.24 3.00$ 303.25$
155 JULIAN, MICHELLE 8750 FLORAL ST JULIAN,ZYRUS & MICHELE 8750 FLORAL ST GILROY CA 95020 19005 1178961 790-53-058 300.24 3.00$ 303.25$
156 PETROSKEY, TANYA & DOUG 849 PADOVA DR BELLEW,TRACY N & JAMES 849 PADOVA DR GILROY CA 95020 19009 1181098 790-60-029 300.24 3.00$ 303.25$
157 TREVINO, MARISA 501 WELBURN TREVINO,EUGENE & MARISA 501 WELBURN AVE GILROY CA 95020 19031 1199975 790-30-077 300.24 3.00$ 303.25$
158 MATA DIAZ, REYNA 7450 CHESTNUT STREET #B B NGUYEN,HUNG QUOC 7450 CHESTNUT ST GILROY CA 95020 19206 1356252 841-07-013 306.42 3.06$ 309.49$
159 HARO, ALICE 8066 SWANSTON LANE HARO,BONIFACIO G & ALICE 8066 SWANSTON LN GILROY CA 95020 19007 1179746 841-64-091 312.71 3.13$ 315.85$
160 JOHNSON, PUA 8031 CHURCH STREET JOHNSON,PUA TR 8031 CHURCH ST GILROY CA 95020 18690 148395 790-35-004 313.28 3.13$ 316.42$
161 CABREROS, ABRIL 1120 SAGE HILL DR CABREROS,ABRIL C 1120 SAGE HILL DR GILROY CA 95020 18724 242644 783-48-008 313.28 3.13$ 316.42$
162 HAUN, MEGAN 7155 ORCHARD DRIVE HAUN,ROBERT A & MEGHAN C 7155 ORCHARD DR GILROY CA 95020 18818 810986 799-28-029 313.28 3.13$ 316.42$
163 PAHN, TOM 1130 ARAPAHO DRIVE NGUYEN,TIEN V 1130 ARAPAHO DR GILROY CA 95020 18896 1014729 783-49-066 313.28 3.13$ 316.42$
164 HEWITT, BRIAN 6495 HASTINGS PLACE HEWITT,BRIAN ETAL 742 S 9TH ST 7 SAN JOSE CA 95112 18901 1023860 799-43-038 313.28 3.13$ 316.42$
165 TOMASELLO, MARK M 1280 CHESBRO WAY TOMASELLO,MARK M & JENNIFER M 1280 CHESBRO WAY GILROY CA 95020 18910 1041615 790-03-023 313.28 3.13$ 316.42$
166 ESTRADA, DANIEL 737 GAGE CT VASQUEZ,DANIEL ESTRADA ETAL 737 GAGE CT GILROY CA 95020 18928 1078070 808-47-002 313.28 3.13$ 316.42$
167 PONCE, ANALILIA 8179 FOREST ST FARIA,JOSE E ETAL 9238 CALLE DEL REY GILROY CA 95020 18993 1165539 841-64-077 313.28 3.13$ 316.42$
168 RAMIREZ, TINA 7916 KIPLING CIR RAMIREZ,ALFREDO & ESTRELLA C 1045 W LATIMER AVE CAMPBELL CA 95008 19001 1176288 808-44-032 313.28 3.13$ 316.42$
169 SARDAM, TAMMY 9746 LAREDO WY JORSTAD,LAURENCE F & TERRI L E 8700 SATTERLEE LN GILROY CA 95020 19052 1220185 783-67-042 313.28 3.13$ 316.42$
170 REYES, JORDAN M.1372 MANTELLI DRIVE REYES,JORDAN 1372 MANTELLI DR GILROY CA 95020 19089 1254044 783-22-063 313.28 3.13$ 316.42$
171 PARSHALL, CRAIG ALAN 7315 ORCHARD DRIVE PARSHALL,CRAIG & CATHLEEN 7315 ORCHARD DR GILROY CA 95020 19119 1281963 799-27-033 313.28 3.13$ 316.42$
172 GUERRERO,ODILIA 9286 BRIARBERRY LN GUERRERO,RAFAEL 9286 BRIARBERRY LN GILROY CA 95020 18845 914218 783-50-093 316.24 3.16$ 319.41$
173 MONTELONGO, SALVADOR 7201 CHESTNUT STREET #A A BAY ELITE HOMES INC 530 LAWRENCE EXPY 511 SUNNYVALE CA 94085 19245 1351659 841-11-078 324.76 3.25$ 328.02$
174 BOTELHO, MITCHELL 6455 HASTINGS PLACE BOTELHO,MITCHELL E & CAROLYN C 6455 HASTINGS PL GILROY CA 95020 19145 1304013 799-43-040 339.26 3.39$ 342.66$
175 ROBASCIOTTI, REGINA MARIE 767-B EL CERRITO WAY B FORTINO,LUIGI TR 974 FERRAGALLI CT GILROY CA 95020 19113 1276757 790-24-073 342.15 3.42$ 345.58$
8.A.b
Packet Pg. 120 Attachment: Resolution Exhibit A - Lien Status as of June 18 2021 (3314 : Garbage Liens)
#Customer Name Service Address Service
Apt #Owner Name Owner Addr 2 Owner City Owner
State Owner Zip Lien #Acct #APN #Lien $County Fee
1%Total
176 BOLES, EBONY 140 STURLA WAY BOLES,CARLOS 140 STURLA WAY GILROY CA 95020 18889 1005172 790-07-071 344.64 3.45$ 348.10$
177 HERNANDEZ, BARBARA 340 IOOF AVE - FRONT FNT SANDOVAL,JOSE H 340 I O O F AVE GILROY CA 95020 18806 654723 841-03-011 347.32 3.47$ 350.80$
178 SILVA, YOLANDA 9100 AVEZAN WY SILVA,JAIME R ETAL 9100 AVEZAN WAY GILROY CA 95020 18975 1144211 790-56-041 363.93 3.64$ 367.58$
179 COX, LORI 8790 JAN DRIVE COX,LORI 8790 JAN DR GILROY CA 95020 18701 169920 783-36-035 364.84 3.65$ 368.50$
180 CASPARY, JOVITA 7730 LAUREL DRIVE AHMAD,SHARON E TR 3532 APPLETON ST WASHINGTON DC 20008 19037 1205095 808-03-049 375.27 3.75$ 379.03$
181 MORIN, PATRICK 8840 RANCHO HILLS DR MORIN,FRANK P PO BOX 1133 GILROY CA 95021 18722 233304 783-38-010 375.78 3.76$ 379.55$
182 YARDLEY, SHERYL 851-B EL CERRITO WAY B PELLICCIONE,LINDA & DIANA TR E 851 EL CERRITO WAY GILROY CA 95020 18831 864876 790-22-006 385.64 3.86$ 389.51$
183 DIAZ, DUNIA 360 WALNUT LANE MEDINA,SALVADOR D 360 WALNUT LN GILROY CA 95020 19012 1184001 841-03-021 387.54 3.88$ 391.43$
184 LEBARRE, PHILLIP F 423 E 8TH ST #4 4 PHAM,DUNG H & REGINA T 18625 SAGE CT SARATOGA CA 95070 19196 1348291 841-11-067 395.65 3.96$ 399.62$
185 SYDDALL, PERCY 2104 CRUDEN BAY WAY SYDDALL,TUPOU 2104 CRUDEN BAY WAY GILROY CA 95020 18807 659599 810-48-072 403.64 4.04$ 407.69$
186 VILLANUEVA, ALEJANDRA 7000 SPUMANTE WAY VILLANUEVA,ALEJANDRA 7000 SPUMANTE WAY GILROY CA 95020 19193 1347210 808-56-065 407.66 4.08$ 411.75$
187 LOPEZ, ALFREDO 191 RONAN AVENUE LOPEZ,ALFREDO 191 RONAN AVE GILROY CA 95020 18809 664706 790-15-051 413.31 4.13$ 417.45$
188 VASQUEZ, JOHN PAUL 8901 ACORN WAY SHEN,PHILLIP 1742 TARRAGON DR GILROY CA 95020 19187 1343169 783-71-052 415.38 4.15$ 419.54$
189 RUIZ, JOE 740 WELBURN AVENUE MCDONALD,DIANA PO BOX 1325 GILROY CA 95021 18715 200790 790-24-031 416.24 4.16$ 420.41$
190 GIBSON, RACHELLE 905 WENTZ DRIVE CONTRERAS,LARRY A & RACHEL P 905 WENTZ DR GILROY CA 95020 18740 328617 808-32-042 416.24 4.16$ 420.41$
191 QUINBY, BEVERLY 7432 HOYLAKE CT QUINBY,PETE & BEVERLY J 7432 HOYLAKE CT GILROY CA 95020 18747 370007 810-50-040 416.24 4.16$ 420.41$
192 NUEZ, DANIEL 9360 CHURCH ST NUEZ,DANIEL C 9360 CHURCH ST GILROY CA 95020 18782 546184 790-07-014 416.24 4.16$ 420.41$
193 HUYNH, STACY 9632 CHERRYWOOD CT HUYNH,CALVIN M & STACY 9632 CHERRYWOOD CT GILROY CA 95020 18800 624775 783-63-054 416.24 4.16$ 420.41$
194 GUERRERO, JESSE 203 LOUPE COURT GUERRERO,JESSE I 203 LOUPE CT GILROY CA 95020 18821 822858 790-38-070 416.24 4.16$ 420.41$
195 PEDROZA, RAQUEL 515 RONAN AVENUE PEDROZA,MARIA DEL C & ALFREDO 515 RONAN AVE GILROY CA 95020 18827 836023 790-16-066 416.24 4.16$ 420.41$
196 HERNANDEZ, JOSIE 7610 ROSANNA STREET HERNANDEZ,JOSEFINA 7610 ROSANNA ST GILROY CA 95020 18865 974915 799-04-051 416.24 4.16$ 420.41$
197 BRUNS, JULIE 8421 GAUNT AVENUE BRUNS,ROBERT M & JULIE A 8421 GAUNT AVE GILROY CA 95020 18872 982926 790-03-018 416.24 4.16$ 420.41$
198 SOLORIO, FREDDY 8337 GAUNT AVENUE SOLORIO,FREDDY 8337 GAUNT AVE GILROY CA 95020 18891 1007343 790-02-005 416.24 4.16$ 420.41$
199 CUNNINGHAM, JENNIFER 9733 SEDONA WAY BIJKERSMA,WINFRIED 9733 SEDONA WAY GILROY CA 95020 18903 1027580 783-67-059 416.24 4.16$ 420.41$
200 TSIGARIS, DIMITRIOS 2380 CLUB DR BREKENRIDGE PROP FUND 2016 LLC 2015 MANHATTAN BEACH BLVD 100 REDONDO BEACH CA 90278 18914 1051937 810-53-013 416.24 4.16$ 420.41$
201 GOELZ, JASON 8120 CATALINA COURT GOELZ,JASON 8120 CATALINA CT GILROY CA 95020 18924 1070796 783-01-028 416.24 4.16$ 420.41$
202 RAMIREZ, LETICIA 8110-B SWANSTON LANE B HEWELL,MARK E & SABRINA L TR E PO BOX 1901 GILROY CA 95021 18932 1083187 841-64-096 416.24 4.16$ 420.41$
203 SIGALA, BOB 9555 SANTA TERESA BLVD SIGALA,PAUL G & IRENE R 18433 MILFORD DR LOCKEFORD CA 95237 18938 1091172 783-20-051 416.24 4.16$ 420.41$
204 BEALE, MARY 7240 PRINCEVALLE ST CASTRO,JESSE ETAL 7240 PRINCEVALLE ST GILROY CA 95020 19080 1246883 799-16-019 416.24 4.16$ 420.41$
205 GUARDADO, AMERICA 7100 ROSANNA STREET MUELLER,MATTHEW L 13600 CLAYTON RD A SAN JOSE CA 95127 19094 1258029 799-10-069 416.24 4.16$ 420.41$
206 GONZALEZ-SAAVEDRA, EDUARDO &562 HADLEY COURT RAMAN,HEMALATHA 4090 CADWALLADER AVE SAN JOSE CA 95121 19122 1282904 841-53-046 416.24 4.16$ 420.41$
207 JIMENEZ, ROSA MARIA 372 FANTAIL WAY LIANG,WEIYAN ETAL 372 FANTAIL WAY GILROY CA 95020 19130 1291541 790-65-063 416.24 4.16$ 420.41$
208 KOSMORSKY, GEORGE 9071 WREN AVENUE KOSMORSKY,GEORGE G 9071 WREN AVE GILROY CA 95020 19131 1291723 790-18-041 416.24 4.16$ 420.41$
209 MOZZONE, THOMAS ROBERT JR 7575 CHESTNUT STREET MOZZONE,THOMAS R JR 7575 CHESTNUT ST A GILROY CA 95020 19180 1337328 841-05-004 416.24 4.16$ 420.41$
210 SUTHERLAND, KRISTINA 8417 WAYLAND LANE REYNOSO,JOSE JR ETAL 8417 WAYLAND LN GILROY CA 95020 19184 1341619 790-25-013 416.24 4.16$ 420.41$
211 VEGA, RAUL & MARISOL 951 CASCIANO CR VEGA,RAUL ETAL 951 CASCIANO CIR GILROY CA 95020 18770 501072 790-58-078 418.37 4.18$ 422.56$
212 FLORES, LORETTA 2846 ROUNDSTONE DR GUERRIERO,CHRISTOPHER J 2846 ROUNDSTONE DR GILROY CA 95020 18915 1053842 810-76-013 423.21 4.23$ 427.45$
213 MARSHALL, CHANDA 355 MANTELLI DR MARSHALL,CHANDA ETAL 355 MANTELLI DR GILROY CA 95020 19076 1245778 790-53-103 437.81 4.38$ 442.20$
214 MCCALL, MARY B.1491 BAY TREE DRIVE MCCALL,MARY B TR 1491 BAY TREE DR GILROY CA 95020 19059 1226968 783-35-076 440.12 4.40$ 444.53$
215 MARKS, MEREDITH 901 FESTA AGLIO CT MARKS,CHRISTOPHER & MEREDITH 901 FESTA AGLIO CT GILROY CA 95020 18735 308403 790-58-010 449.57 4.50$ 454.08$
216 NGUYEN, DIEP THI HONG 290 LONDON DRIVE NGUYEN,DIEP 290 LONDON DR GILROY CA 95020 19148 1305879 799-42-054 449.57 4.50$ 454.08$
217 VILLA, EWELINA 1511 LONGMEADOW CT VILLA,RIQUE A 1511 LONGMEADOW CT GILROY CA 95020 18942 1098656 783-75-018 462.85 4.63$ 467.49$
218 LOZANO, ROBERT 104 CAROLINE LANE VALDEZ-FLORES,IRENE & VALERIA 104 CAROLINE LN GILROY CA 95020 19028 1195809 841-82-009 490.19 4.90$ 495.10$
219 MOLINA, RAYMOND A. & CHRISTINA 345 GURRIES DRIVE EL ENCANTO PROPERTIES III LLC 225 W SANTA CLARA ST 1500 SAN JOSE CA 95113 19173 1333228 790-35-047 559.79 5.60$ 565.40$
220 TORRES, ANTHONY 880 EL CERRITO WAY #F F BAKHTAR,MOHAMMAD H ETAL 2500 DRYDEN AVE GILROY CA 95020 19168 1328574 790-22-011 588.99 5.89$ 594.89$
221 RHODES, THOMAS L.1500 WELBURN AVENUE RHODES,THOMAS L 1500 WELBURN AVE GILROY CA 95020 19097 1262575 783-26-028 597.32 5.97$ 603.30$
222 HARRISON, ALLISON 564 HOOVER COURT HARRISON,ALLISON 564 HOOVER CT GILROY CA 95020 18826 829796 841-53-019 612.41 6.12$ 618.54$
223 LEON, MAURICIO 751 LAWRENCE DRIVE LEON,FRANCISCO J 751 LAWRENCE DR GILROY CA 95020 18966 1126200 790-19-070 783.04 7.83$ 790.88$
49,743.57$ 497.43$ 50,243.23$
8.A.b
Packet Pg. 121 Attachment: Resolution Exhibit A - Lien Status as of June 18 2021 (3314 : Garbage Liens)
#Customer Name Service Address
Servic
e Apt
#Owner Name Owner Addr 2 Owner City Owner State Owner Zip Lien # Acct # APN #
Lien $County
Fee 1%Total
1 ALVAREZ, ALFREDO 9525 GRANDE DRIVE ALVAREZ,CHRISTINA L & ALFREDO 9525 GRANDE DR GILROY CA 95020 18894 1012384 783-76-018 214.62$ 2.15$ 216.78$
2 APOR, PETE 7273 EIGLEBERRY ST APOR,PETE E & ROSARIO J TR 14639 BADGER PASS RD MORGAN HILL CA 95037 18833 882902 799-09-028 184.36 1.84 186.21
3 AVILA, EROLINDA 7201 CHURCH STREET JASO,MARTHA M TR ETAL 7370 CHESTNUT ST GILROY CA 95020 18848 921981 799-09-012 104.61 1.05 105.67
4 AVILA, GRACE 880 EL CERRITO WAY #A A BAKHTAR,MOHAMMAD H ETAL 2500 DRYDEN AVE GILROY CA 95020 19169 1328830 790-22-011 209.30 2.09 211.40
5 BEALE, MARY 7240 PRINCEVALLE ST CASTRO,JESSE ETAL 7240 PRINCEVALLE ST GILROY CA 95020 19080 1246883 799-16-019 416.24 4.16 420.41
6 BELL, MELISSA 9098 SOLEDAD STREET BELL,MARTHA I TR 9098 SOLEDAD ST GILROY CA 95020 18965 1125921 783-37-043 199.57 2.00 201.58
7 BIGELOW, QUINTER 1585 WELBURN AVENUE BIGELOW,QUINTER 1585 WELBURN AVE GILROY CA 95020 18849 923417 783-26-003 300.24 3.00 303.25
8 BOLES, EBONY 140 STURLA WAY BOLES,CARLOS 140 STURLA WAY GILROY CA 95020 18889 1005172 790-07-071 344.64 3.45 348.10
9 BOTELHO, MITCHELL 6455 HASTINGS PLACE BOTELHO,MITCHELL E & CAROLYN C 6455 HASTINGS PL GILROY CA 95020 19145 1304013 799-43-040 339.26 3.39 342.66
10 BOYER, DAVID 821 5TH STREET BOYER,DAVID B JR 821 5TH ST GILROY CA 95020 18886 1002344 799-24-019 286.24 2.86 289.11
11 BROLIN, DENISE 1205 3RD ST BROLIN,DENISE M 1205 3RD ST GILROY CA 95020 18825 829077 808-09-040 104.61 1.05 105.67
12 BROWN, CAYLEE 9850 BOBCAT COURT BROWN,RYAN & CAYLEE C 9850 BOBCAT CT GILROY CA 95020 18992 1165299 783-77-021 300.24 3.00 303.25
13 BRUNS, JULIE 8421 GAUNT AVENUE BRUNS,ROBERT M & JULIE A 8421 GAUNT AVE GILROY CA 95020 18872 982926 790-03-018 416.24 4.16 420.41
14 BRUNTZ, ELISA IRENE 8190 FOREST STREET BETTENCOURT,ALBERT S & MARIA F 228 CHURCHILL PL GILROY CA 95020 19175 1334739 841-64-009 69.61 0.70 70.32
15 BUGNA, CHARLOTTE 2520 CLUB DR MAHGOUB,NIDAL A 2520 CLUB DR GILROY CA 95020 19088 1253822 810-52-031 150.12 1.50 151.63
16 CABREROS, ABRIL 1120 SAGE HILL DR CABREROS,ABRIL C 1120 SAGE HILL DR GILROY CA 95020 18724 242644 783-48-008 313.28 3.13 316.42
17 CARDENAZ-VELAZQUEZ, ANTONIA 460 IOOF AVENUE #A A MONTES,JOSE O & ANNA P 180 E 6TH ST GILROY CA 95020 19093 1256791 841-03-005 104.61 1.05 105.67
18 CASTILLO, ARIANE 1470 AMBER COURT TRAGARZ,DENNIS E TR 7204 VIA COLINA SAN JOSE CA 95139 18871 982769 808-26-036 123.72 1.24 124.97
19 CHANGARAMKUMARATH, SARATH 9591 HUMMINGBIRD LANE SASIDHARA,SARATH C 9591 HUMMINGBIRD LN GILROY CA 95020 18939 1091636 790-65-082 150.12 1.50 151.63
20 CHAVEZ TORRES, BEATRIZ 1240 JUNIPER DRIVE #A A BK BROWN FAM 438 N EL CAMINO REAL SAN CLEMENTE CA 92672 19216 1361229 808-02-022 104.61 1.05 105.67
21 CHAVEZ, FRANCISCO 681 ARNOLD DRIVE CHAVEZ,FRANCISCO R 681 ARNOLD DR GILROY CA 95020 18680 138867 790-29-017 104.61 1.05 105.67
22 CORRAL, ADOLFO 9632 EAGLE HILLS WAY PAUNETO,EDWIN 9632 EAGLE HILLS WAY GILROY CA 95020 19195 1348143 783-55-025 150.12 1.50 151.63
23 CUNNINGHAM, JENNIFER 9733 SEDONA WAY BIJKERSMA,WINFRIED 9733 SEDONA WAY GILROY CA 95020 18903 1027580 783-67-059 416.24 4.16 420.41
24 DE JESUS, MANNY 7850 ROSANNA STREET HERNANDEZ,SALVADOR ANGEL & ANA 7850 ROSANNA ST GILROY CA 95020 19146 1304898 799-01-055 150.12 1.50 151.63
25 DE LA SERNA, OMAR & CHARLYN 1100 MARSANNE LANE DE LA SERNA,CHARLYN ETAL 1100 MARSANNE LN GILROY CA 95020 19081 1246925 808-50-001 52.30 0.52 52.83
26 DE LA TORRE, MARIA 9319 LONE DEER DE LA TORRE,MARIA E 9319 LONE DEER WAY GILROY CA 95020 18866 976050 783-49-048 150.12 1.50 151.63
27 DEGENERES, JONATHAN & ZAYRA F. 7493 HOYLAKE CT DEGENERES,JONATHAN 7493 HOYLAKE CT GILROY CA 95020 19047 1212117 810-50-035 245.07 2.45 247.53
28 DEL VECCHIO, MICHELLE 1980 CLUB DR DEL VECCHIO,MICHELE H & ANTHON 1980 CLUB DR GILROY CA 95020 18948 1102615 810-48-009 209.22 2.09 211.32
29 DEMAYO, VALENTINO 6371 TANNAT LANE THAI,DEMAYO LIVING TRUST 6371 TANNAT LN GILROY CA 95020 19038 1206101 808-52-007 104.61 1.05 105.67
30 DEMERS, CHRISTOPHER 6381 BLACKBERRY CT DEMERS,CHRISTOPHER J 390 LOS PINOS WAY SAN JOSE CA 95123 19213 1359793 808-40-011 209.22 2.09 211.32
31 DIAZ, DUNIA 360 WALNUT LANE MEDINA,SALVADOR D 360 WALNUT LN GILROY CA 95020 19012 1184001 841-03-021 387.54 3.88 391.43
32 DU, HANLIN 7770 WESTWOOD DRIVE DU,HANLIN 7226 BEJA CT ELK GROVE CA 95757 18885 1002336 808-10-046 60.04 0.60 60.65
33 DUNCKEL, WALTER 7398 CARR PLACE DUNCKEL,WALTER & JANN 7398 CARR PL GILROY CA 95020 18857 954271 808-16-037 104.61 1.05 105.67
34 EBANDA, STEPHAN 8501 MOSSROSE WY JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 19157 1315134 783-03-049 126.53 1.27 127.81
35 ESTRADA, DANIEL 737 GAGE CT VASQUEZ,DANIEL ESTRADA ETAL 737 GAGE CT GILROY CA 95020 18928 1078070 808-47-002 313.28 3.13 316.42
36 EVANSWEMUSA, STEPHANIE 7922 CINNAMON WAY WEMUSA,AKIL 3568 TELEGRAPH DR SAN JOSE CA 95132 19046 1211648 810-85-030 122.16 1.22 123.39
37 FARIAS, LEONARDO REYNA 470 GAVILAN COURT MAGANA,BENJAMIN V & BERTHA 6235 MONTEREY RD GILROY CA 95020 19096 1262559 835-27-008 145.97 1.46 147.44
38 FERNANDEZ, DANIELLE 455 LINCOLN COURT OSEGUERA,JESUS 455 LINCOLN CT GILROY CA 95020 19198 1349802 835-27-040 104.61 1.05 105.67
39 FERNANDEZ, MURIEL 411 LEWIS STREET FERNANDEZ FAMILY TRUST 411 LEWIS ST GILROY CA 95020 18739 328336 841-03-110 209.22 2.09 211.32
40 GIBSON, RACHELLE 905 WENTZ DRIVE CONTRERAS,LARRY A & RACHEL P 905 WENTZ DR GILROY CA 95020 18740 328617 808-32-042 416.24 4.16 420.41
41 GOELZ, JASON 8120 CATALINA COURT GOELZ,JASON 8120 CATALINA CT GILROY CA 95020 18924 1070796 783-01-028 416.24 4.16 420.41
42 GONZALES, MARTIN 7741 CHURCH STREET ZACHARIAH,ABRAHAM & LAILA TR E 10580 GUIBAL AVE GILROY CA 95020 19060 1227420 799-03-007 103.08 1.03 104.12
43 GREWAL, RAVINDER K. 9020 CALLE DEL REY GREWAL,KINDERJIT S & RAVINDER 9020 CALLE DEL REY GILROY CA 95020 18764 473926 783-59-002 104.61 1.05 105.67
44 GUARDADO, AMERICA 7100 ROSANNA STREET MUELLER,MATTHEW L 13600 CLAYTON RD A SAN JOSE CA 95127 19094 1258029 799-10-069 416.24 4.16 420.41
45 GUERRERO, JESSE 203 LOUPE COURT GUERRERO,JESSE I 203 LOUPE CT GILROY CA 95020 18821 822858 790-38-070 416.24 4.16 420.41
46 GUERRERO,ODILIA 9286 BRIARBERRY LN GUERRERO,RAFAEL 9286 BRIARBERRY LN GILROY CA 95020 18845 914218 783-50-093 316.24 3.16 319.41
47 GUTIERREZ PATINO, CARINA 7264 DOWDY STREET NSMS PROPERTIES LLC 7264 DOWDY ST GILROY CA 95020 19225 1373703 799-15-022 199.00 1.99 201.00
48 HAECKEL, ANNE MARIE 42 SISTER CITY WAY HAECKEL,ANNE M TR 42 SISTER CITY WAY GILROY CA 95020 18949 1105527 799-33-097 209.22 2.09 211.32
49 HARO, ALICE 8066 SWANSTON LANE HARO,BONIFACIO G & ALICE 8066 SWANSTON LN GILROY CA 95020 19007 1179746 841-64-091 312.71 3.13 315.85
50 HARO, RYAN 88 CASPIAN WAY LOOK,RICHARD W LIVING TRUST 88 CASPIAN WAY GILROY CA 95020 19214 1360635 808-48-040 104.61 1.05 105.67
51 HARRISON, ALLISON 564 HOOVER COURT HARRISON,ALLISON 564 HOOVER CT GILROY CA 95020 18826 829796 841-53-019 612.41 6.12 618.54
52 HERNANDEZ, ART 797 GARY STREET LOPEZ,INESS V TR 8155 WESTWOOD DR 12 GILROY CA 95020 19016 1186642 790-20-028 204.61 2.05 206.67
53 HERNANDEZ, JOSIE 7610 ROSANNA STREET HERNANDEZ,JOSEFINA 7610 ROSANNA ST GILROY CA 95020 18865 974915 799-04-051 416.24 4.16 420.41
54 HERNANDEZ, SANDRA 901 CASCIANO CR GONZALEZ,JOSE J & MARIA ETAL 901 CASCIANO CIR GILROY CA 95020 18774 510750 790-58-064 150.12 1.50 151.63
55 HEWITT, BRIAN 6495 HASTINGS PLACE HEWITT,BRIAN ETAL 742 S 9TH ST 7 SAN JOSE CA 95112 18901 1023860 799-43-038 313.28 3.13 316.42
56 HUANG, SUSAN AND 6720 CHURCH STREET WHITE LIVING TRUST 6720 CHURCH ST GILROY CA 95020 19104 1268093 799-33-003 196.80 1.97 198.78
57 HUYNH, STACY 9632 CHERRYWOOD CT HUYNH,CALVIN M & STACY 9632 CHERRYWOOD CT GILROY CA 95020 18800 624775 783-63-054 416.24 4.16 420.41
58 JARQUIL, VALENTINA 550 E 8TH ST #10 10 ROCHA,JOE A & VICTORIA M 575 SOUTHSIDE DR C GILROY CA 95020 18956 1115245 841-12-053 100.24 1.00 101.25
59 JASO, JOEL 7522 CHESTNUT STREET JASO,MARTHA M TR ETAL 7370 CHESTNUT ST GILROY CA 95020 19127 1287077 841-07-064 104.61 1.05 105.67
60 JIMENEZ, HECTOR 7760 ROSANNA STREET BLANCO,HECTOR J 7760 ROSANNA ST GILROY CA 95020 18752 439307 799-03-019 196.80 1.97 198.78
61 JIMENEZ, ROSA MARIA 372 FANTAIL WAY LIANG,WEIYAN ETAL 372 FANTAIL WAY GILROY CA 95020 19130 1291541 790-65-063 416.24 4.16 420.41
62 JOHNSON, PUA 8031 CHURCH STREET JOHNSON,PUA TR 8031 CHURCH ST GILROY CA 95020 18690 148395 790-35-004 313.28 3.13 316.42
63 JULIAN, MICHELLE 8750 FLORAL ST JULIAN,ZYRUS & MICHELE 8750 FLORAL ST GILROY CA 95020 19005 1178961 790-53-058 300.24 3.00 303.25
64 KATO, MELISSA 305 VICTORIA DRIVE KATO,MELISSA ETAL 305 VICTORIA DR GILROY CA 95020 18982 1152446 799-42-073 196.80 1.97 198.78
65 KOSMORSKY, GEORGE 9071 WREN AVENUE KOSMORSKY,GEORGE G 9071 WREN AVE GILROY CA 95020 19131 1291723 790-18-041 416.24 4.16 420.41
66 KUZMIAK, DANIELLE 720 EL CERRITO WAY VAQUERANO,PYHER 720 EL CERRITO WAY GILROY CA 95020 19236 1384973 790-23-020 120.10 1.20 121.31
67 LABRASCA, NICHOLAS MICHAEL 78 CASPIAN WAY LABRASCA,NICHOLAS & SHANE ETAL 78 CASPIAN WAY GILROY CA 95020 19171 1330414 808-48-033 104.61 1.05 105.67
68 LANDERS, LORI 30 STURLA WAY LANDERS,ERIC E & LORI D 30 STURLA WAY GILROY CA 95020 18874 987370 790-07-054 173.96 1.74 175.71
69 LASATER, GAIL OR 415 GARFIELD COURT LASATER,GAIL D 415 GARFIELD CT GILROY CA 95020 18696 162628 835-03-057 237.97 2.38 240.36
70 LEON, CARLOS RAUL 965 BLAKE COURT CAUICH,CARLOS RICARDO L ETAL 965 BLAKE CT GILROY CA 95020 19105 1271717 808-32-066 150.12 1.50 151.63
71 LEON, MAURICIO 751 LAWRENCE DRIVE LEON,FRANCISCO J 751 LAWRENCE DR GILROY CA 95020 18966 1126200 790-19-070 783.04 7.83 790.88
Page1 of 3
8.A.c
Packet Pg. 122 Attachment: Updated Resolution Exhibit A: Final Lien Status Report as of June 30 2021 (3314 : Garbage
#Customer Name Service Address
Servic
e Apt
#Owner Name Owner Addr 2 Owner City Owner State Owner Zip Lien # Acct # APN #
Lien $County
Fee 1%Total
72 LOPEZ, ALFREDO 191 RONAN AVENUE LOPEZ,ALFREDO 191 RONAN AVE GILROY CA 95020 18809 664706 790-15-051 413.31 4.13 417.45
73 MADRIL, DENISE 7170 HARVARD PLACE MADRIL,DENISE J 1479 LUPINE CT GILROY CA 95020 18895 1013077 799-37-062 150.12 1.50 151.63
74 MANCERA, SHANTE 1205 CHESBRO WAY CLARK,CHERYL ETAL 1205 CHESBRO WAY GILROY CA 95020 18687 145391 790-03-036 300.24 3.00 303.25
75 MARSHALL, CHANDA 355 MANTELLI DR MARSHALL,CHANDA ETAL 355 MANTELLI DR GILROY CA 95020 19076 1245778 790-53-103 437.81 4.38 442.20
76 MARTIN, CATHERINE 7861 EIGLEBERRY ST WILSON,LESLIE H TR ETAL 5962 BRIDGEPORT LAKE WAY SAN JOSE CA 95123 18997 1173293 799-01-028 150.12 1.50 151.63
77 MARTINEZ, ESMERALDA 9357 RODEO DR MARTINEZ,ESMERALDA 9357 RODEO DR GILROY CA 95020 19017 1187673 783-49-019 147.32 1.47 148.80
78 MATA DIAZ, REYNA 7450 CHESTNUT STREET #B B NGUYEN,HUNG QUOC 7450 CHESTNUT ST GILROY CA 95020 19206 1356252 841-07-013 306.42 3.06 309.49
79 MIRAMONTES, CATHERINE 331 WALNUT LANE MIRAMONTES,GUADALUPE & CATHERI 331 WALNUT LN GILROY CA 95020 18963 1120187 841-03-038 104.61 1.05 105.67
80 MOLINA, RAYMOND A. & CHRISTINA 345 GURRIES DRIVE EL ENCANTO PROPERTIES III LLC 225 W SANTA CLARA ST 1500 SAN JOSE CA 95113 19173 1333228 790-35-047 559.79 5.60 565.40
81 MONDRAGON, ROSALIA 6730-B FILBRO DRIVE B IWANAGA,TOM T & TOSHIKO 14335 CENTER AVE A SAN MARTIN CA 95046 18985 1154343 799-44-035 104.61 1.05 105.67
82 MORIN, PATRICK 8840 RANCHO HILLS DR MORIN,FRANK P PO BOX 1133 GILROY CA 95021 18722 233304 783-38-010 375.78 3.76 379.55
83 MOZZONE, THOMAS ROBERT JR 7575 CHESTNUT STREET MOZZONE,THOMAS R JR 7575 CHESTNUT ST A GILROY CA 95020 19180 1337328 841-05-004 416.24 4.16 420.41
84 NEWTON, CHELSEY JANAE 763-C EL CERRITO WAY C SCIUTTO,GEORGE J & ANITA L TR 535 RIVERVIEW DR CAPITOLA CA 95010 18944 1100122 790-24-072 209.22 2.09 211.32
85 NGUYEN, NGUYEN THI THAO 109 CASPIAN WAY NGUYEN,NGUYEN T T 109 CASPIAN WAY GILROY CA 95020 19150 1305960 808-49-067 104.61 1.05 105.67
86 NUEZ, DANIEL 9360 CHURCH ST NUEZ,DANIEL C 9360 CHURCH ST GILROY CA 95020 18782 546184 790-07-014 416.24 4.16 420.41
87 NUNEZ, MICHELLE 7621 ROSANNA STREET GONZALEZ,RUBEN A & ESPERAZA D PO BOX 2170 GILROY CA 95021 19020 1190784 799-05-009 209.22 2.09 211.32
88 ORTEGA, ANTHONY & JULIET 8391 DELTA COURT ORTEGA,ANTHONY B III & ANTHONY 8391 DELTA CT GILROY CA 95020 19101 1266857 783-28-006 104.61 1.05 105.67
89 ORTIZ, CARLOS 7224 HANNA STREET #A A HINDS,JOE H 2060 WILDER CT GILROY CA 95020 19205 1356161 799-15-039 183.73 1.84 185.58
90 PACHECO, LUIS 421 W 10TH ST PACHECO,LUIS R 421 W 10TH ST GILROY CA 95020 18861 965350 799-13-045 111.24 1.11 112.36
91 PAHN, TOM 1130 ARAPAHO DRIVE NGUYEN,TIEN V 1130 ARAPAHO DR GILROY CA 95020 18896 1014729 783-49-066 313.28 3.13 316.42
92 PALMER, THOMAS 1055 ORTEGA CIRCLE PALMER,THOMAS M 1055 ORTEGA CIR GILROY CA 95020 18972 1137868 808-28-012 150.12 1.50 151.63
93 PARSHALL, CRAIG ALAN 7315 ORCHARD DRIVE PARSHALL,CRAIG & CATHLEEN 7315 ORCHARD DR GILROY CA 95020 19119 1281963 799-27-033 313.28 3.13 316.42
94 PEDROZA, RAQUEL 515 RONAN AVENUE PEDROZA,MARIA DEL C & ALFREDO 515 RONAN AVE GILROY CA 95020 18827 836023 790-16-066 416.24 4.16 420.41
95 PENA PONCE, JOSE 922 MORO CT ZAVALA,MARITZA T 922 MORO CT GILROY CA 95020 19226 1373844 790-58-007 104.61 1.05 105.67
96 PEREZ, RACHELLE 561 ARNOLD DRIVE PEREZ,RACHELLE O 561 ARNOLD DR GILROY CA 95020 18679 138735 790-29-010 209.22 2.09 211.32
97 PETERSON, SUSAN EILEEN 8762 LIONS CREEK DR RAUSCHNOT,MICHAEL J & SHARADIN 8762 LIONS CREEK DR GILROY CA 95020 19111 1275981 783-35-011 104.61 1.05 105.67
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122 SILVA, STEPHANIE 585 ADAMS COURT HERRERA,JESUS J & MARIA L TR 1715 COLONY CT GILROY CA 95020 19167 1327139 841-62-056 195.24 1.95 197.20
123 SMITH, SHEILA 9440 TRAILBLAZER JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 18753 439919 783-40-023 103.84 1.04 104.89
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127 TANEDO, ERIC 19 LUSITANO WAY TANEDO,ERIC ETAL 19 LUSITANO WAY GILROY CA 95020 19002 1176510 808-49-016 104.61 1.05 105.67
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132 TRAN, RACHEAL 3030 CLUB DR TRAN,RACHEL 3030 CLUB DR GILROY CA 95020 18839 901587 810-56-001 209.22 2.09 211.32
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8.A.c
Packet Pg. 123 Attachment: Updated Resolution Exhibit A: Final Lien Status Report as of June 30 2021 (3314 : Garbage
#Customer Name Service Address
Servic
e Apt
#Owner Name Owner Addr 2 Owner City Owner State Owner Zip Lien # Acct # APN #
Lien $County
Fee 1%Total
143 WOOD, KAMALA 915 SUMMERHILL CR XUE,YUANNONG 915 SUMMERHILL CIR GILROY CA 95020 18991 1164896 790-55-014 104.61 1.05 105.67
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35,515.73$ 355.14$ 35,872.34$
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8.A.c
Packet Pg. 124 Attachment: Updated Resolution Exhibit A: Final Lien Status Report as of June 30 2021 (3314 : Garbage
City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance Amending the City Code to Combine
in One Person the Powers and Duties of the City Administrator and
City Clerk
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Andy Faber
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
Workforce Stability ☐ Public Engagement
RECOMMENDATION
Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 2 of
the Gilroy City Code to Authorize the City Council to Combine in One Person the
Powers and Duties of the Offices of City Administrator and City Clerk. (Roll Call Vote)
EXECUTIVE SUMMARY
Staff, following review by the City Attorney’s Office, has concluded that the offices of
City Clerk and City Administrator are compatible and can be combined in one person.
Combining these positions will allow the administrative functions of the City to flow
through the City Administrator and allow the City to hire an employee to perform the
necessary duties under the direction of the City Administrator.
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BACKGROUND
Currently, the position of City Clerk is vacant. The City Clerk is one of three positions
(the other two are City Administrator and City Attorney) that has reported directly to the
City Council. The City Clerk is primarily an administrative position charged with duties
that include agenda preparation, election coordination, records management,
coordination of Boards, Commissions, and Committees, etc. Upon vacancy of the
position, and after discussion with the City Council, staff researched the possibility of
having this position report directly to the City Administrator in lieu of the City Council.
The primary reason for this request was that while Council interacts with the City Clerk
during Council meetings, the City Administrator has more of the day-to-day interaction
and is in a better position to provide the regular leadership and direction necessary to
ensure the administrative functions of the city are well-coordinated and accomplished as
directed.
Currently, the Administrative Services Director/Human Resources Director is
temporarily serving as the Interim City Clerk as this combination of an “office” and an
“employee” is permissible and the doctrine of incompatible offices does not apply.
Implementing this interim assignment allowed staff the time needed to explore the City
Clerk/City Administrator compatibility question further.
ANALYSIS
The primary analysis of whether the offices of City Clerk and City Administrator are
compatible was completed by the City Attorney. Currently, the Gilroy City Charter
identifies the City Clerk and City Administrator as two separate offices each with
assigned duties and responsibilities. The main question evaluated was whether these
offices could be combined in one person and be compatible. Section 800 of t he Gilroy
City Charter states: “When the positions are not incompatible, the Council may combine
in one person the powers and duties of two (2) or more offices.”
Under California law, one individual cannot hold more than one office simultaneously if
the two offices are incompatible. The rule, which Section 800 of the Gilroy City Charter
incorporates, evaluated is the “doctrine of incompatible offices.” This rule applies when
the two positions being held simultaneously are “offices,” as distinguished from
positions held by an “employee” who is not an officer. Offices have three major
attributes:
1. The position is prescribed by a law setting forth the duties and describing the
compensation of the office holder;
2. The position is permanent in nature rather than o ccasional or temporary; and
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3. The office holder exercises some portion of the sovereign functions of the
government of sufficient dignity and importance to be deemed an officer of a
public agency.
Further Government Code Section 1099 states that a public off icer shall not
“simultaneously hold two public offices that are incompatible” unless the incompatibility
is expressed authorized by law. The statute identifies the following three circumstances
in which offices would be incompatible:
1. Either of the offices may audit, overrule, remove members of, dismiss employees
of, or exercise supervisory powers over the other office;
2. There is a possibility of significant clash of duties or loyalties between the offices;
or
3. Public policy considerations make it improper for one person to hold both offices.
The City Attorney evaluated the case law and Attorney General Opinions that provide
interpretation to the above referenced rules. In addition, the City Attorney reviewed the
Gilroy City Charter to determine how the rules and case law applies in this specific
Gilroy situation. Both case law and the Gilroy City Charter identify both positions as
“officers”. In the Gilroy situation, the City Administrator does not exercise general
supervisory control over the City Clerk. Instead, the City Clerk is subject to the City
Administrator’s authority only with respect to those job functions that are more akin to
an “employee” than an “officer.” With respect to the City Clerk’s statutory duties to keep
minutes and records, administer oaths, and conduct elections, the City Clerk acts
independently of the City Administrator.
Further, the City Clerk’s main duties are largely ministerial and do not entail policy
making. Therefore, the issues that the “doctrine of incompatible offices” is trying to avoid
are not present. Also, after evaluating the duties of each position, there would not be an
occasion for a significant clash of duties or loyalties by allowing a combined office
holder. For example, the City Clerk acts as the City’s election of ficial, however, the City
Administrator is not an elected office, but rather appointed by the City Council. The
Government Code Section 1099 assessment also supports the compatibility offices as
the two positions do not audit, appoint, or remove one another.
Staff identified several other agencies which also combine the offices of City Clerk and
City Administrator in one person. Santa Cruz, Santa Barbara, and Merced are a few
examples where this model has worked successfully.
Therefore, the legal analysis is that the offices of City Clerk and City Administrator are
compatible and may be combined in one person. The City Attorney recommends that if
the City Council wishes to make this change, the appropriate procedure is for the City
Council to adopt an ordinance allowing the combination to effectuated by a future
resolution of the City Council.
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ALTERNATIVES
The alternatives include not combining the two offices in one person and retaining the
current model of a separate City Clerk being hired and reporting to the City Council.
This alternative is not recommended for the reasons stated above which gave rise to
evaluating this issue in the first place. Another alternative is to combine the office of City
Clerk with an “employee” rather than an “official”, however, long-term this model does
not achieve the efficiency desired given the nature of the day -to-day duties of the City
Clerk position. Therefore, this alternative is not recommended.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact associated with combining the offices of City Clerk and City
Administrator in one person. Once combined, staff will proceed with hiring a
management-level position who will perform City Clerk duties under the direction of the
City Administrator. The salary and benefits cost of this newly hired position will be
similar, if not identical, to the established salary and benefits for the City Clerk. The City
Administrator will not receive any additional compensation for holding the office of City
Clerk.
REOMMENDATION
Staff recommends that the City Council take the recommended step of introducing an
ordinance allowing the combination of the duties of City Clerk and City Administrator in
one person to be effectuated by a future resolution of the City Council.
NEXT STEPS
Tonight’s meeting (July 1, 2021) is the introduction of the above referenced ordinance
(copy attached). If approved, the second reading of the ordinance (i.e., the adoption of
the ordinance) will occur at the Council’s next meeting on August 2, 2021 at which time
the resolution (copy attached) will be adopted. If Council votes to move in this direction
to achieve the efficiency of operations identified in this report, staff will begin the next
steps of finalizing a job description for the management-level position and move forward
with the initial steps of the recruitment process. The City Administrator will not officially
hire an employee to the position until such time that the Ordinance is final (September
1, 2021).
Attachments:
1. Ordinance to Combine the Offices of City Clerk and City Administrator in One
Person June 2021
2. Resolution to Combine Office of City Clerk and City Administrator in One Person
June 2021
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ORDINANCE NO. 2021-_____ 1
ORDINANCE NO. 2021-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CHAPTER 2 OF THE GILROY
CITY CODE TO AUTHORIZE THE CITY COUNCIL TO
COMBINE IN ONE PERSON THE POWERS AND DUTIES
OF THE OFFICES OF THE CITY ADMINISTRATOR AND
CITY CLERK
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City is
competent to make and to enforce all ordinances and regulations in respect to municipal affairs
subject to the restrictions and limitations provided for in the City Charter ; and
WHEREAS, the powers and duties of the offices of the City Administrator and City
Clerk are set forth in Sections 703 and 803 of the City Charter, respectively; and
WHEREAS, Section 800 of the City Charter authorizes the City Council to combine in
one person the powers and duties of two or more offices as set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council of the City of Gilroy hereby finds that the offices of the City
Administrator and of the City Clerk are compatible, and that it is in the public interest to
authorize the combination in one person of the powers and duties of those offices.
SECTION II
Section 2.34 of the Gilroy City Code is hereby amended to read as follows:
“The office of city clerk is established by the Charter. This office shall be under the direct
control of the city clerk as to statutory duties but subject to the general administrative direction
of the city administrator. The City Council may, by resolution, authorize the powers and duties
of the office of the city clerk to be combined in one person with those of the city administrator,
and in a like manner the City Council may revoke such authorization at any time. Whenever the
powers and duties of the two offices are combined in one person, the individual holding both
offices may appoint a deputy city clerk to be responsible for the daily operations of the office of
the city clerk.”
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 portions of this Ordinance shall not be affected thereby.
8.B.a
Packet Pg. 129 Attachment: Ordinance to Combine the Offices of City Clerk and City Administrator in One Person June 2021 (3383 : Ordinance to Combine in
ORDINANCE NO. 2021-_____ 2
SECTION IV
Pursuant to section 608 of the City Charter, this Ordinance shall be in full force and
effect thirty (30) days from and after the date of its adoption .
PASSED AND ADOPTED this 2nd day of August, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
____________________________
Marie Blankley, Mayor
ATTEST:
_______________________________
LeeAnn McPhillips, Interim City Clerk
8.B.a
Packet Pg. 130 Attachment: Ordinance to Combine the Offices of City Clerk and City Administrator in One Person June 2021 (3383 : Ordinance to Combine in
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
PURSUANT TO SECTION 2.34 OF THE GILROY CITY CODE
COMBINING IN ONE PERSON THE POWERS AND DUTIES OF THE
OFFICES OF THE CITY ADMINISTRATOR AND OF THE CITY CLERK
WHEREAS, Section 2.34 of the Gilroy City Code authorizes the City Council to combine the powers
and duties of the offices of the City Administrator and of the City Clerk in one person by resolution; and
WHEREAS, the City Council now desires to exercise said power.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The powers and duties of the offices of the City Administrator and of the City Clerk are hereby
combined in one person pursuant to Section 2.34 of the Gilroy City Code until such time as the City Council may
adopt a resolution revoking this resolution.
2. Effective immediately upon his taking and subscribing the oath of office, the City’s current City
Administrator is hereby appointed to the office of the City Clerk for so long as he shall continue as City
Administrator or until this resolution is revoked.
PASSED AND ADOPTED this 2nd day of August, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
____________________________
Marie Blankley, Mayor
ATTEST:
_______________________________
LeeAnn McPhillips, Interim City Clerk
8.B.b
Packet Pg. 131 Attachment: Resolution to Combine Office of City Clerk and City Administrator in One Person June 2021 (3383 : Ordinance to Combine in One
City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance of the City Council of the City of Gilroy
Amending the Gilroy City Code, Chapter 30 (Zoning), Article XXXIV
(Fences and Obstructions) to Allow Monitored Perimeter Security
Fence Systems on Commercial and Industrial Zoned Properties,
Subject to Specified Criteria In the Ordinance
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Cindy McCormick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt an Ordinance of the City Council of the City of Gilroy Amending the Gilroy City
Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to Allow
Monitored Perimeter Security Fence Systems on Commercial and Industrial Zoned
Properties, Subject to Specified Criteria In the Ordinance. (Roll Call Vote)
POLICY DISCUSSION
On June 21, 2021, the Council considered and introduced an Ordinance to amend the
Gilroy City Code to allow monitored perimeter security fence systems on commercial
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and industrial zoned properties (7-0-0 vote). No modifications to the draft Ordinance
were proposed by the Council.
Council is now asked to adopt the ordinance consistent with its June 21, 2021 action.
The ordinance will take effect thirty (30) days from the date of Council a ction.
Attachments:
1. Final Ordinance Article XXXIV (Fences and Obstructions)
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ORDINANCE NO. 2021-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING),
ARTICLE XXXIV (FENCES AND OBSTRUCTIONS)
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XXXIV (Fences and
Obstructions), Section 30.34.040, currently prohibits electrified fences of any kind within the city;
and
WHEREAS, the City of Gilroy has received an application to amend the Gilroy City Code,
Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions) to allow electrified security fences,
subject to certain criteria, on commercial and industrial zoned properties; and
WHEREAS, the Planning Commission has received and considered the Zoning Code
amendment, in accordance with the Gilroy City Code Chapter 30, Article LII (Amendment to the
Zoning Ordinance), and the staff report pertaining to the proposed Zoning Text Amendment file
number Z 21-02; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 13, 2021, at
which time the Planning Commission took and considered the written and oral public testimony
related to Zoning Text Amendment file number Z 21-02 and thereafter recommended that the City
Council approve said amendment; and
WHEREAS, the City Council held a duly noticed public hearing on June 21, 2021, at which
time the City Council received and considered Zoning Amendment file number Z 21-02, took and
considered written and oral public testimony, the staff report, and all other documentation related to
application Z 21-02; and
WHEREAS, the City has determined that review and approval of the provisions contained in
the Zoning Amendment file number Z 21-02 is exempt from environmental review under the
California Environmental Quality Act (“CEQA”) pursuant to Section 15311 (Class 11) of the CEQA
guidelines, which provides that CEQA does not apply to the construction of minor structures accessory
to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to
fences. In addition, the action being considered does not constitute a “project” within the meaning of
CEQA pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that
a project is exempt from CEQA when “[t]he activity is covered by the common sense exemption that
CEQA applies only to projects which have the potential for causing a significant impact to the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA;” and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Amendment is consistent with
the intent of the zoning ordinance to control the location, height and materials of fences and other
visual or physical obstructions so that they do not adversely affect adjacent properties or obstruct
vision along public streets because the monitored perimeter security fence system would be visually
9.A.a
Packet Pg. 134 Attachment: Final Ordinance Article XXXIV (Fences and Obstructions) (3384 : Adopt an Ordinance to allow Monitored Perimeter Security Fence
Ordinance No. 2021-XX
Page 2
Ord Z 21-02
transparent as it would be located 6-to-12-inches behind a perimeter fence and would be comprised of
twenty (20) 12.5 gauge, galvanized steel wires which run horizontally to a height of 10-feet.
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60,
the Planning Commission finds that the proposed Zoning Ordinance Amendment implements the
Gilroy 2040 General Plan and in particular: Land Use Goal 5; Economic Prosperity Goal 3 Economic
Prosperity Policy EP 3.3 (Regulations Updates); Economic Prosperity Policy EP 8.1 (Industrial and
Commercial Lands); Public Facilities and Services Goal 9; and Public Facilities and Services Policy
PFS 9.3 (Development Review). In line with these goals, the zoning amendment will promote a
business-friendly atmosphere, protect lands designated for industrial and commercial uses, and help
ensure that crime and safety issues are addressed; and
WHEREAS, the location and custodian of the documents or other materials that constitute the
record of proceedings upon which Z 21-02 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
Gilroy City Code, Chapter 30, Zoning, XXXIV (Fences and Obstructions), Section 30.34.40
(Prohibited materials) is hereby amended as follows:
30.34.40 Prohibited materials.
(a) Barbed Wire Fences. Barbed wire, razor wire or similar fences shall not be installed within the
city, except for security fences in commercial and industrial zones. Barbed wire, razor wire or
similar fences shall not be installed within the area encompassed by the downtown specific plan.
(b) Electrified Fences. Electrified fences,of any kind other than those permitted by Section
30.34.35 of this Chapter, shall not be installed within the city.
(c) Wire Mesh Fences. Wire mesh fences shall not be installed within any required front yard,
side yard or rear yard setback area whenever this is adjacent to a street in any residential or
commercial zone. In the downtown specific plan districts, no wire mesh fencing will be installed
within the front thirty (30) feet or the side or rear twenty (20) feet whenever adjacent to a street or
an alley. Wire mesh fences shall not be installed along any water district channel or railroad
corridor, unless coated with a dark vinyl or similar material.
SECTION II
Gilroy City Code, Chapter 30 (Zoning), Article XXXIV (Fences and Obstructions), Section
30.34.35 (Monitored perimeter security fence system) is hereby created as follows:
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Ordinance No. 2021-XX
Page 3
Ord Z 21-02
Section 30.34.35 (Monitored perimeter security fence system)
Monitored perimeter security fence system means a perimeter Alarm system with an
assembly of battery powered equipment, including but not limited to: a monitored alarm
device and energizer which is intended to periodically deliver pulses to a security fence, a
battery charging device used exclusively to charge the system’s battery, and other
integrated components.
(a) The design, construction, and use of monitored perimeter security fence systems shall be
allowed, subject to the following requirements:
1) IEC Standard 60335-2-76: Unless otherwise specified herein, monitored perimeter
security fence systems shall be constructed and operated in conformance with the
specifications set forth in International Electrotechnical Commission (IEC) Standard
No. 60335-2-76, current edition.
2) Power Source: The energizer for Monitored perimeter security fence systems must
be driven by a commercial storage battery not to exceed 12 volts DC. The storage
battery is charged primarily by a solar panel. The solar panel may be augmented by
a commercial trickle charger.
3) Perimeter Barrier: Monitored perimeter security fence systems shall be installed
behind a non-electrified fence or wall that complies with section 30.34.30(b) of this
Chapter.
4) Emergency Gate Access: Before a Monitored Perimeter Security Fence System is
activated, a Knox device shall be approved by the Fire Department. The Knox device
will be installed at the main entry gate and fully functional at all times when the
Monitored Perimeter Security Fence System is operational.
5) Setback: The perimeter security fence shall be setback 6-inches to 12-inches from the
non-electrified fence or wall in order to prevent inadvertent access to the battery-
charged fence.
6) Design/Height: The monitored perimeter security fence shall be visually transparent
and comprised of 20, 12.5-gauge galvanized steel wires which are run horizontally to
the height of 10’, or 2 feet higher than the perimeter barrier fence (whichever is
greater).
7) Warning Signs: Monitored perimeter security fence systems shall be clearly
identified with bilingual warning signs that read: "Warning-Electric Fence" at
intervals of not less than thirty feet.
8) Location: Monitored perimeter security fence systems shall only be permitted on
commercial and industrial zoned properties.
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Ordinance No. 2021-XX
Page 4
Ord Z 21-02
(b) Police Department Permit Requirements. All monitored perimeter security fence
systems shall be permitted in accordance with City Code Chapter 3B (Alarm Systems).
(c) It shall be unlawful for any person to install, maintain or operate a monitored perimeter
security fence system in violation of this Chapter or Chapter 3B (Alarm Systems).
(d) The Monitored perimeter security fence system shall transmit a signal to an alarm
monitoring business in response to an intrusion or burglary. The system shall not
directly connect to or call law enforcement. The business must first verify the alarm
event prior to requesting deployment of law enforcement.
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 this __ day of ___, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
LeeAnn McPhillips, Interim City Clerk
9.A.a
Packet Pg. 137 Attachment: Final Ordinance Article XXXIV (Fences and Obstructions) (3384 : Adopt an Ordinance to allow Monitored Perimeter Security Fence
City of Gilroy
STAFF REPORT
Agenda Item Title: Resolution Granting an Exemption from the 60-day Length of Stay
Requirement Contained in CUP 00-10 for the Garlic Farm RV Park
Special Occupancy Use.
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Cindy McCormick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution Granting an Exemption From the 60 -day Length of Stay
Requirement Contained in CUP 00-10 for the Garlic Farm RV Park Special Occupancy
Use. (Roll Call Vote)
EXECUTIVE SUMMARY
As further described in the attached May 5, 2021 staff report and pursuant to State
Health & Safety Code Section 18865.2(a), Garlic Farm RV Park LLC (“Harmony
Communities”) has requested an exemption to the City’s 60-day maximum length of
stay requirement, as codified in Gilroy City Code Section 30.42.40 (Length of stay), and
conditioned in CUP 00-10. The Resolution of Approval (Attachment 1) includes the
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findings required to grant the exemption, based on the testimony of Harmony
Communities during the May 5, 2021 Council meeting.
BACKGROUND:
On March 1, 2001, the Planning Commission approved a Conditional Use Permit (CUP
00-10) to allow a 160-space recreational vehicle park (the “Garlic Farm RV Park”) on
property located at 5878 Garlic Farms Drive. The Garlic Farm RV Park was purchased
in January 2021 by Garlic Farm RV Park LLC (“Harmony Communities”).
On May 10, 2021, the City Council held a study session to gather information from
Harmony Communities regarding the use of the Garlic Farm RV Park and their request
for an exemption from the 60-day maximum stay condition (Attachment 2). During the
meeting, Harmony Communities stated that there is zero demand for overnight stays
and that there is no impact to the Gilroy School District because school age children in
the Garlic Farm RV Park are already attending Gilroy schools. Harmony Communities
also stated that the RV Park is providing affordable housing for very low-income Gilroy
residents making 30 to 50 percent of Area Median Income for Santa Clara County.
ENVIRONMENTAL REVIEW:
Approval of the requested length of stay exemption qualifies for an exemption from
environmental review pursuant to California Environmental Quality Act (“CEQA”)
Section 15301 (Class 01) of the CEQA guidelines, which provides that CEQA does not
apply to “existing facilities” where there is negligible or no expansion of an existing use,
beyond that existing at the time of the lead agency's determination. Harmony
Communities has stated that the average length of stay at the Garlic Farm RV Park is
and has been five (5) years.
DISCUSSION AND ANALYSIS
RV Parks in Gilroy: Recreational vehicle (RV) parks are regulated under Gilroy City
Code (GCC) Article 42. The ordinance does not allow new facilities or any expansion of
use for existing RV Parks. There are two existing RV Parks in the City; the Garlic Farm
RV Park located at 5878 Garlic Farms Drive and Gilroy Garlic USA RV Park located at
650 Holloway Road, behind the Target shopping center.
RV parks are considered “Special Occupancy Parks” in State Law and are governed by
the “Special Occupancy Park Act” under State Health & Safety Code (HSC) Sections
18060-74. Recreational Vehicles are defined in HSC Section 18010 and may include a
motor home, travel trailer, truck camper or camping trailer, with or without motive power.
HSC Section 18009.3 also defines “park trailers” as a type of recreational vehicle.
Tiny Home Park Trailers: During the May 10, 2021 study session, Harmony
Communities stated that all existing and future “tiny homes” being located at the Garlic
Farm RV Park will meet the State definition of a “park trailer”. Park trailers are a type of
recreational vehicle and can be considered a “tiny home” built on a chassis with wheels.
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To meet the state definition, park trailers must be constructed to ANSI A119.5 and
NFPA 1192 standards and be certified by the manufacturer with a label of approval,
such as those provided by the RVIA, or owner provided. Pursuant to HSC Section
18009.3, a park trailer must contain 400 square feet or less of gross floor area
(excluding loft area space as defined therein), may not exceed 14 feet in width at the
maximum horizontal projection, and must be built upon a single chassis. Like other
RVs, it may not be attached to a permanent foundation.
The Gilroy City Code defines a “recreational vehicle” as being a “vehicular unit” that is
“primarily designed as temporary living quarters for recreational, camping or travel use”.
Because of the State Law referred to above, the City considers this proposed tiny home
use to be a form of occupancy specifically allowed by State Law in Special Occupancy
Parks. It is, in effect, affordable-by-design housing. However, it is not considered to be
a residential use as the term is used in the General Plan; thus, allowing the requested
exemption would not violate Gilroy 2040 General Plan Land Use Policy 1.03 or Policy
LU 1.5, which prohibit residential uses east of Highway 101.
Length of Stay: Pursuant to GCC Section 30.42.40 (Length of stay), the owner and
operator of a recreational vehicle park shall limit the stay of visitors at any such facility
to no more than sixty (60) days during any one hundred twenty (120) day period.
Accordingly, the CUP approved for the Garlic Farms RV Park (CUP 00-10) includes,
among other conditions of approval, condition #12, which “limits the number of
consecutive days and nights in which patrons may stay to no more than 60 days during
any 120-day period”.
Conclusion: The attached Resolution of Approval includes the findings required to
grant the exemption, based on the testimony of Harmony Communities during the May
5, 2021 Council meeting. The findings state that there is no substantial evidence in the
record that the exemption would conflict with a need for overnight or tourist space
availability in the Garlic Farm RV Park or that the exemption would result in an adverse
impact upon local school districts. Furthermore, the findings state that the requested
exemption will allow a specific type of very-low income affordable housing use to
continue at the Garlic Farm RV Park and that this housing use is not interpreted as a
residential use within the meaning of the 2020 General Plan which prohibits residential
uses east of Highway 101. Additionally, the findings reiterate that pursuant to CUP 00-
10 Condition #13, the Planning Division or the Planning Commission may request that
Harmony Communities (or any future operator) periodically provide information such as
verification that every park trailer or “tiny home” that is brought on site complies with the
State definition of a park trailer.
ALTERNATIVES
Do not grant the exemption and instead provide staff with the findings required to deny
the exemption. The City Council could also provide any additional conditions o f approval
necessary to grant the exemption. If this alternative is pursued, staff recommends that
the City Council continue the item to a date uncertain to allow staff time to prepare the
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alternative resolution of denial or amended resolution of approval with additional
conditions of approval.
FISCAL IMPACT/FUNDING SOURCE
None.
Attachments:
1. CC Resolution Garlic Farm exemption
2. 5-10-21 Staff Report
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1 RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY GRANTING AN EXEMPTION FROM THE 60-DAY
LENGTH OF STAY REQUIREMENT CONTAINED IN CUP 00-
10 FOR THE GARLIC FARM RV PARK SPECIAL
OCCUPANCY USE
WHEREAS, on September 5, 2000, the City Council approved a Zoning Amendment
application (Z 00-01) to rezone an 18.95 acre parcel from M1 (Limited Industrial) to M1-PUD
(Limited Industrial-Planned Unit Development); and
WHEREAS, on September 5, 2000, the City Council approved a Planned Unit Development
and Architectural and Site Review (PUD A/S 00-07) for the development of an 18.95 acre parcel with
two fast-food restaurants, a recreational vehicle park with a recreation center, office, barbecue area
and shower/laundry facilities, and a truck/RV parking, maintenance and washing facility); and
WHEREAS, on March 1, 2001, the Planning Commission approved a Conditional Use
Permit (CUP 00-10) to allow a 160-space recreational vehicle park (the “Garlic Farm RV Park”) on
property zoned M1-PUD (Limited Industrial-Planned Unit Development), located at 5850 Monterey
Road, and now identified as 5878 Garlic Farms Drive; and
WHEREAS, Gilroy 2020 General Plan Land Use Policy 1.03 and Gilroy 2040 General
Plan Land Use Policy LU 1.5 prohibit residential uses east of Highway 101; and
WHEREAS; pursuant to Gilroy City Code Article II (Definitions), a recreational vehicle
is defined as “a vehicular unit” that is “primarily designed as temporary living quarters for
recreational, camping or travel use”, and is therefore not considered permanent housing or a
residential use for the purposes of the General Plan; and
WHEREAS, on or about January 6, 2021, Garlic Farm RV Park LLC (“Harmony
Communities”) purchased the Garlic Farm RV Park, located at 5878 Garlic Farms Drive, an
approximately 8.5 acre parcel (APN 841 14 079); and
WHEREAS, CUP 00-10 includes condition #12, which enforces Section 42.40 of the
Gilroy City Code Zoning Ordinance and “limits the number of consecutive days and nights in
which patrons may stay to no more than 60 days during any 120-day period”; and
WHEREAS, RV Parks are considered “Special Occupancy Parks” in State Law and are
governed by the “Special Occupancy Park Act” found at State Health & Safety Code Secs. 18060-
74; and
WHEREAS, Health & Safety Code Sec. 18865.2(a) provides that any special occupancy
park owner may apply for an exemption to any city imposed time limitation for occupancy of
spaces in special occupancy parks, and that the exemption shall be granted unless the city makes
a substantial finding based on, but not limited to, the lack of needed overnight or tourist spaces in
those special occupancy parks in the city, that the exemption of the applicant’s special occupancy
park from the time limitation would cause specific adverse impacts which cannot be mitigated or
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2 RESOLUTION NO. 2021-XX 4826-0592-0749v2
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avoided by providing a partial exemption as set forth in subdivision (b) or by imposing conditions
pursuant to subdivision (c); and
WHEREAS, per Health & Safety Code Sec. 18865.2(b), the requirements of subdivision
(a) may be satisfied by partial exemption if either of the following applies: (1) A number of spaces
in a special occupancy park are set aside for short-term occupancy, and the remaining spaces are
exempted by the city from the occupancy limitation; or (2) the city finds that by increasing the
maximum length of stay to a specified additional period of time for the applicant, the problems
raised by the applicant for an exemption are satisfied; and
WHEREAS, per Health & Safety Code Sec. 18865.2(c), in approving a request for an
exemption from special occupancy park time limitations, a city may: (1) Impose conditions to
assure there will be no adverse impact on local school districts due to the additional enrollment of
residents of a special occupancy park; and (2) Assure that a special occupancy park is in
compliance with all regulations adopted pursuant to this part; and
WHEREAS, in accordance with Health & Safety Code Sec. 18865.2, Harmony
Communities has requested an exemption to the 60-day maximum length of stay requirement; and
WHEREAS, on May 10, 2021, the City Council held a study session to gather information
from Harmony Communities and the public regarding the use of the Garlic Farm RV Park; and
WHEREAS, on May 10, 2021, Harmony Communities stated that there is “zero demand
for overnight stays” at the Garlic Farm RV Park; and
WHEREAS, on May 10, 2021, Harmony Communities stated that there is no impact to the
Gilroy School District because school age children in the Garlic Farm RV Park are already
attending Gilroy schools; and
WHEREAS, on May 10, 2021, Harmony Communities stated that due to the size and cost
of the units and the relatively low space rents charged they are providing affordable housing with
the Garlic Farm RV Park for very low-income Gilroy residents making 30 to 50 percent of Area
Median Income for Santa Clara County; and
WHEREAS, on May 10, 2021, Harmony Communities stated that all existing and future
“tiny homes” being located at the Garlic Farm RV Park will meet the State definition of a “park
trailer”, which pursuant to Health & Safety Code Sec. 18010 is included within the definition of a
recreational vehicle; and
WHEREAS, Health & Safety Code Sec. 18009.3 defines a “park trailer” as a trailer
designed for human habitation for recreational or seasonal use only, that meets all of the following
requirements: (1) It contains 400 square feet or less of gross floor area, excluding loft area space
if that loft area space meets the requirements of subdivision (b) and Section 18033. It may not
exceed 14 feet in width at the maximum horizontal projection; (2) It is built upon a single chassis;
and (3) It may only be transported upon the public highways with a permit issued pursuant to
Section 35780 of the Vehicle Code; and
WHEREAS, CUP 00-10 includes condition #13, which enforces Section 42.41 of the
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3 RESOLUTION NO. 2021-XX 4826-0592-0749v2
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Gilroy City Code Zoning and allows periodic compliance hearings regarding length of stay and
operational requirements, and requires upon request, complete and accurate visitor records as well
as reasonable additional information requested by the Planning Division; and
WHEREAS, the City has determined that review and approval of the requested length of
stay exemption qualifies for an exemption from environmental review pursuant to California
Environmental Quality Act (“CEQA”) Section 15301 (Class 01) of the CEQA guidelines, which
provides that CEQA does not apply to “existing facilities” where there is negligible or no
expansion of an existing use, beyond that existing at the time of the lead agency's determination.
Harmony Communities has stated that the average length of stay at the Garlic Farm RV Park is
and has been five (5) years.
WHEREAS, on July 1, 2021, the City Council of the City of Gilroy considered the
information presented on this matter prior to acting upon the requested exemption.
NOW, THEREFORE, THE CITY OF GILROY CITY COUNCIL DOES HEREBY take
the following actions:
1. The Council finds that there is no substantial evidence in the record that would support
a finding that granting the exemption would conflict with a need for overnight or tourist
space availability in the Garlic Farm RV Park.
2. The Council finds that there is no substantial evidence in the record that would support
a finding that granting the exemption would result in an adverse impact upon local
school districts.
3. The Council finds that granting the requested exemption will allow a specific type of
very-low income affordable housing use to continue at the Garlic Farm RV Park
pursuant to uses expressly authorized for RV parks by the State Special Occupancy
Park Act, and therefore, this housing use is not interpreted as a residential use within
the meaning of the 2020 General Plan Land Use Policy 1.03 or Gilroy 2040 General
Plan Land Use Policy LU 1.5, which prohibit residential uses east of Highway 101.
4. The above findings represent the independent judgment of the City Council of the City
of Gilroy.
5. The requested exemption from the length of stay requirement contained in CUP 00-10
is hereby granted. In all other respects, the provisions of CUP 00-10 continue in full
force and effect, unmodified by the grant of this exemption.
6. This grant of exemption is contingent on compliance with all conditions of approval
associated with the Garlic Farm RV Park, including all conditions except for Condition
#12 of CUP 00-10.
7. As stated in the Recitals, pursuant to CUP 00-10 Condition #13, upon request of the
Planning Commission the operator shall provide periodically information requested by
the Planning Division or the Planning Commission. Such requested information shall
include, without limitation, verification for every park trailer or “tiny home” that is
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4 RESOLUTION NO. 2021-XX 4826-0592-0749v2
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brought on site that such unit complies with the State definition of a park trailer (which
information may include, for example, size, width, height, chassis type, and means of
placement on the ground, and compliance with either the ANSI A119.5 standard or
NFPA 1192 standard, as determined by an owner-provided label or insignia).
8. The City Clerk's office of the City of Gilroy, at 7351 Rosanna Street, Gilroy, California
95020 shall be the custodian of documents and record of proceedings on which the
decision is based.
PASSED AND ADOPTED on this __ day of _____, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
ATTEST: Marie Blankley, Mayor
LeeAnn McPhillips, Interim City Clerk
9.B.a
Packet Pg. 145 Attachment: CC Resolution Garlic Farm exemption (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa)
City of Gilroy
STAFF REPORT
Agenda Item Title: Garlic Farm RV Park (5878 Garlic Farm Way) Overview and
Presentation
Meeting Date: May 10, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization ☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive presentation from the Garlic Farm RV property owner and provide direction to
staff.
BACKGROUND
The Garlic Farm RV Park was recently purchased by Harmony Communities. The
current owners have noted their intent to bring in a for-sale “tiny home” product to the
park. An attachment to this report provides background information on the site,
applicable laws affecting the site and use and an overview of a request by the applicant
related to current length-of-stay requirements. This information is intended to facilitate
discussion with staff and the property owner representative.
The property owner representative will have the opportunity to provide an overview of
the site, their future plans and answer questions.
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Packet Pg. 146 Attachment: 5-10-21 Staff Report (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa)
NEXT STEPS
Dependent on Council direction, staff will determine next steps.
Attachments:
1. Garlic Farm RV Park Memo to Council 5-10-21
2. 5878 Garlic Farms Dr_ Aerial Map
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval to Enter into an Exclusivity Agreement with Sharks Sports
& Entertainment, LLC to Fully Assess the Potential of Having the
Sharks Organization Operate a New Indoor Recreational Facility
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Approve an exclusivity agreement with the Sharks Sports & Entertainment, LLC,
and authorize the City Administrator to execute the agreement.
b) Authorize the City Administrator to spend up to $100,000.00 from the unrestricted
general fund balance on activities related to the financial analysis and feasibility
of this project. (Roll Call Vote)
DISCUSSION
The City of Gilroy has an opportunity to continue its exclusivity agreement for the
possibility of a future partnership with a private firm , Sharks Sports & Entertainment,
LLC (“Sharks”). At this time, before the City can continue in business discussions, it is
necessary to enter into a subsequent exclusivity agreement.
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Exclusivity is the condition in which each party grants the other party sole rights
regarding a particular business function or product sale and/or purchase. Put another
way, exclusivity is an arrangement between two parties wherein neith er will explore
entering a similar deal with other parties for a certain period.
The City has previously conducted discussions with the Sharks and the two-year
exclusivity agreement has expired. Approval of a subsequent exclusivity agreement
(one additional year) would give both parties the opportunity to conduct additional due
diligence. During this time staff would continue to take a close look at the details of the
proposal and determine if it is advantageous for the community, or not, and how best to
proceed.
Both the City and Sharks have already allocated resources towards a potential facility
agreement. Further talks would enable the City and Sharks to finalize a potential
project, identify financing and determine the ongoing operational relationship. The final
agreement would be presented to Council for consideration of approval.
While project details are still under discussion, the facility would likely include
opportunities for a variety of sporting programs and events to include ice hockey an d
would be located off Monterey Road, as part of the Gilroy Sports Park. The project
would provide recreational opportunities for all Gilroy residents and those travelling to
Gilroy for tournaments, competitions, and other events.
Having the proposed facility operated by a national brand with a proven track record of
operating recreational ice facilities would be a great opportunity for economic
development and has the potential to heighten our position in the region as a
destination location and increase travel and tourism to Gilroy. The development of the
Gilroy Sports Center is consistent with the Council goals related to making Gilroy a
Recreation Destination.
Discussions during this preliminary period are non-binding and provide the opportunity
to fully assess the potential of the proposed facility in Gilroy.
Additionally, the next phase of discussions will require the City to incur costs and thus
the City Administrator is requesting Council approval of expending up to $100,000 in
General Fund balance to procure services related to legal and financial analysis.
ALTERNATIVES
Do not enter into an exclusivity agreement. This is not recommended because it would
necessarily stop any further business discussions.
FISCAL IMPACT/FUNDING SOURCE
The next phase of negotiations requires that the City utilize consultant assistance in
evaluating the feasibility of the potential project. The allocation of $100,000 from
General Fund balance is an initial investment in a project that could generate direct and
indirect economic impacts for the City. It is imperative that the City evaluate the risks
9.C
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and rewards of such a large project. The use of outside, independent consultants will
provide the City with the best information required to make a final decision on whether
to proceed with a project.
NEXT STEPS
If approved, the City will continue to work with the Sharks on the development of a
financing plan and term sheet that would be submitted to the City Council for
consideration.
PUBLIC OUTREACH
Prior to finalization of project plans, the City will conduct public outreach sessions to
gain public input and ensure that the approved project is reflective of the community’s
recreational needs.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Renaming of Gilroy Senior Center to Encompass the Enhanced
Recreation and Community Services Provided
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Adam Henig
Prepared By: Adam Henig
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Approve the Parks and Recreation Commission recommendation’s name change of the
“City of Gilroy Senior Center” to "City of Gilroy Community Center”. (Roll Call Vote)
EXECUTIVE SUMMARY
To meet the needs of a growing and diverse community, it was recommended in the
Facility and Program Needs Assessment the Senior Center be converted into a multi-
generational community center. As part of this conversion process, a new name is
advised to reflect the Center’s inclusivity and enhanced programming. In May, the Parks
and Recreation Commission approved recommending to City Council the following new
name: City of Gilroy Community Center. City Council is now requested to adopt the
proposed name change.
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BACKGROUND
With rates of COVID declining and the County opening up, the City is exploring new
ways to effectively use public spaces.
In the 2020 Facility and Program Needs Assessment, it was pointed out there is a high
unmet need for an all-inclusive, indoor multi-generational community center to serve
Gilroy’s growing population. Since there is currently no funding earmarked for a major
renovation or construction of a new building, in reviewing the city’s recreation facilities, it
was recommended the Senior Center be converted to serve all ages througho ut the
day. Prior to the pandemic, the Center primarily offered only senior services from 9:00 -
3:00 p.m., Monday through Friday. Other types of recreation programs (such as
Adaptive or youth theater rehearsal) or a facility rental would occur after 3:00 p.m. or on
the weekend.
The recommendation for the conversion was based on public input from a variety of
stakeholder groups that included councilmembers, commissioners, residents (English
and Spanish speakers), and seniors. These community meetings were facilitated by the
authors of the needs assessment, Pros Consulting, Inc. Following the needs
assessment publication, recreation staff met with the Park and Recreation Commission,
Mt. Madonna YMCA, Sourcewise, the Gift Shop, and the Senior Advisory Board, a nd
received valuable feedback.
Existing Services Continue
The conversion of the Senior Center provides a quick and cost -effective solution to
addressing the unmet needs for facility space. It offers minimal disruption to existing
services while providing an opportunity to deliver more offerings to residents, including
seniors. Current senior services will continue to be provided without interruption:
• YMCA-sponsored and County-funded nutritional lunch program
• AARP-sponsored tax support
• City-led recreational activities
• Club meetings
• And any other social services benefiting Gilroy’s aging residents
Also, the adaptive program, which serves Gilroy’s special needs population, will
continue to utilize the Center as a meeting space for their activities.
Additional Services Provided
In addition to the name change, Recreation Division staff will be moving its offices from
City Hall to vacant offices at the (that were being used for storage) the Senior Center.
Furthermore, the room that was formerly used as a Gift Shop will now offer a flexible
space and allow for various types of usage that will benefit the greater community.
Examples include:
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• Meeting space for senior service providers and clubs/boards
• Parent and Me classes
• Presentation for small group lectures
• Used by city staff for trainings or meetings
• Traditional classroom space
• Private rental
Other improvement plans include replacing an old partition with a wall so the dining
space and a side room can be used concurrently. In the current layout, that is not an
option. It will allow recreation staff to offer additional programming and services to the
community.
Ultimately, the goal of the conversion is for the Center to serve the entire Gilroy
community, regardless of age. Whether you are 90 or 9, the enhancements to the
existing Senior Center will better accommodate the recreational and social needs of all
residents.
It is recommended that Council approve the name change from the “City of Gilroy
Senior Center” to the “City of Gilroy Community Center” as recommended by the Parks
and Recreation Commission.
ALTERNATIVES
Council could decide to not rename the Senior Center.
FISCAL IMPACT/FUNDING SOURCE
The only costs would be for a replacement sign for the center for which funding is
already included in the FY22 Adopted Budget.
NEXT STEPS
If approved, new facility signage to reflect the new name will be purchased and
installed. Other building enhancements will occur to maximize user space.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approve the implementation of the 5-year plan for the Santa Clara
County Multi-Jurisdictional Program for Public Information (PPI)
Associated with the Community Rating System (CRS) of the
National Flood Insurance Program
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Daryl Jordan
Daryl Jordan
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve the implementation of the 5-year plan for the Santa Clara County Multi-
Jurisdictional Program for Public Information (PPI) Associated with the Community
Rating System (CRS) of the National Flood Insurance Program. (Roll Call Vote)
EXECUTIVE SUMMARY
The Santa Clara Valley Water District (District) and the fourteen (14) Santa Clara
County communities (Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View,
Palo Alto, San Jose, Santa Clara, Sunnyvale, the Town of Los Gatos, the Town of Los
Altos Hills, the City of Saratoga, and the County of Santa Clara) that participate in the
Community Rating System (CRS) Program of the Federal Emergency Management
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Agency’s (FEMA) National Flood Insurance Program worked together to develop this
Multi-Jurisdictional Program for Public Information (PPI).
Developing a Multi-Jurisdictional PPI in the County was seen as a way to earn
significant CRS credits which may translate into greater discounts on flood insurance
premiums for the community. The PPI also rewards participating communities for
developing messages that are tailored to local needs. The PPI was developed jointly,
and it must be individually approved by each community’s elected body in order for that
community to receive CRS credits for its implementation.
POLICY DISCUSSION
This proposal supports the City’s participation in both the CRS Program and National
Flood Insurance Program (NFIP) with the goal of reducing flood damages to the
community.
BACKGROUND
The City has been a participating community in the CRS Program of FEMA’s National
Flood Insurance Program (NFIP) since May 1, 2007. CRS is a voluntary program that
allows communities to earn flood insurance premium discounts for their residents and
businesses. Communities earn CRS credits for activities that promote good flood risk
reduction practices and that encourage purchase of flood insu rance. These credits
translate to flood insurance premium discounts for policy holders within the community.
Currently, the City has a CRS class rating of 8 which provides 10% flood insurance
discounts for properties located within the special flood hazard area or 100-year
floodplain and 5% discount for non-floodplain properties. The total number of flood
insurance policies in force within the City are 123 for 100-year floodplain properties and
17 for non-floodplain properties. The estimated discount per flood insurance policy is
$174 for 100-year floodplain properties and $95 for non-floodplain properties. This
results in $23,017 of total annual savings to policy holders within the City.
ANALYSIS
The CRS Program provides credits for designing and carrying out public outreach
projects. CRS credits for individual outreach projects can be increased if a community
has a Program for Public Information (PPI). The PPI can help design an entire public
information program, not just outreach projects.
The City joined the Santa Clara Valley Water District (District) and other agencies in
2013 to develop a Multi-Jurisdictional PPI. The PPI committee was comprised of both
staff and non-governmental representatives who brought different perspectives and
suggestions for a better outreach plan. For Gilroy, Public Works staff and a stakeholder
representative, Ms. Merna Leal as a Gilroy Resident and past District CRS program
manager, are the committee members.
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In February 2020, Valley Water hosted the start of the 5 -year PPI process, in which
fifteen (15) communities worked together to review and update the 2015 PPI. These
communities included the current eleven (11) participating CRS communities (the Cities
of Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San
Jose, Santa Clara, Sunnyvale, and Valley Water) and four (4) communities that were
interested in applying to become a CRS community (the Town of Los Gatos, the Town
of Los Altos Hills, the City of Saratoga, and the County of Santa Clar a). Staff
and external stakeholders from each of the communities participated in the drafting of
the document. Due to the COVID-19 pandemic, many communities had to shift priorities
to respond to the public health crisis; therefore, FEMA provided an extension of
completing of the PPI to early 2021. Valley Water reconvened the participating
communities and stakeholders in October 2020 to begin developing the new 5 -year PPI
for Santa Clara County.
The attached PPI was reviewed by FEMA to ensure its provisions fully comply with
FEMA requirements. FEMA has informed the participating agencies that this is one of
the first multi-jurisdictional PPIs to be completed and it involves the largest number of
participating communities to date.
As required by the terms of the PPI, the PPI committee must re-convene annually to
evaluate whether the flood risk reduction messages are still appropriate and adjust the
PPI as needed. A report to FEMA must be submitted annually describing the PPI
implementation. Every five years, the elected bodies of all participating communities
must re-approve the PPI in order to continue receiving CRS credit. Attached is a copy
of the 5-Year Plan PPI that was submitted to FEMA.
Approval of this Multi-Jurisdictional PPI by the City Council will allow the City to receive
increased CRS credits which translates to greater discounts on flood insurance
premiums for the community.
ALTERNATIVES
Council may choose to not adopt the Multi-Jurisdictional PPI. This would require staff to
develop separate outreach projects and/or develop a public information program for the
City, or implement other CRS activities to increase the City’s CRS credits. Failure to
approve this PPI limits the availability of additional CRS credits for outreach projects for
the City.
FISCAL IMPACT/FUNDING SOURCE
The expense for creating this PPI was included in the Santa Clara Valley Water
District’s adopted budget; therefore, there are no City fiscal impacts from approval of
this PPI. The PPI projects will be included within the current budget for the Floodplain
Management Program activities. There are no expected additional costs in staff’s
continued participation in the PPI process.
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CONCLUSION
This Multi-Jurisdictional PPI will allow the City to earn additional CRS credits to increase
the flood insurance policy discounts for the citizens of Gilroy and will be an additional
tool the City can use to reduce flood risks. The City’s participation in this on-going PPI
process also allows the City to maintain good partnerships with other CRS communities
of Santa Clara County, the County of Santa Clara, and the Santa Clara Valley Water
District, and provides opportunities to leverage resources and to share best practices.
NEXT STEPS
Staff will continue to participate in the PPI committee which will re-convene annually to
evaluate the PPI and to make appropriate adjustments as needed. At the City’s next
CRS Verification visit (estimated in 2022), staff will submit a copy of the PPI to receive
CRS credit.
PUBLIC OUTREACH
A copy of the 5-Year PPI will be posted in the Public Works’ Flood Management
webpage.
Attachments:
1. 2021 Santa Clara County Multi-Jurisdictional PPI
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Santa Clara County Multi-Jurisdictional
Program for Public Information 2021
(5-Year Plan)
April 2021
Prepared by:
Santa Clara Valley Water District
and
Participating County of Santa Clara Communities
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TABLE OF CONTENTS
Page
LIST OF ABBREVIATIONS iii
I. BACKGROUND ............................................................................................................ 1
II. GOALS ......................................................................................................................... 2
III. PPI COMMITTEE ......................................................................................................... 3
IV. COMMUNITIES’ FLOOD HAZARD AREA .................................................................... 8
a. County of Santa Clara
b. Cupertino
c. Gilroy
d. Los Altos
e. Los Altos Hills (town)
f. Los Gatos (town)
g. Milpitas
h. Morgan Hill
i. Mountain View
j. Palo Alto
k. San José
l. Santa Clara
m. Saratoga
n. Sunnyvale
V. TARGET AUDIENCES ............................................................................................... 40
VI. OTHER PUBLIC INFORMATION EFFORTS .............................................................. 42
VII. COMMUNICATION STRATEGY, PROJECTS, AND INITIATIVES ............................. 44
VIII. ANNUAL EVALUATION ............................................................................................. 66
IX. FIVE-YEAR PPI REVISIONS ……………………………………………………………… 67
X. ADOPTION ................................................................................................................ 67
XI. REFERENCES ........................................................................................................... 67
XII. APPENDIX A: CRS Creditable Outreach and Flood Response Projects by Community
(in separate electronic file).......................................................................................... 69
XIII. APPENDIX B: Additional CRS Outreach Projects ...................................................... 78
XIV. APPENDIX C: Past Members of the Santa Clara County 2015 PPI Committee……... 87
XV. APPENDIX D: Definitions of FEMA Flood Zone Designations…………………………. 88
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List of Abbreviations
Abbreviation Description
AFN Access and Functional Needs
ALERT Automated Local Evaluation in Real Time
ARES Amateur Radio Emergency Services
CADRE Collaborating Agencies' Disaster Relief Effort
CAL Communities at Large
CCD Coastal Clean-Up Day
CERT Community Emergency Response Team
CFM Certified Floodplain Manager
CFPW California Flood Preparedness Week
CIP Capital Improvement Projects
COVID Corona Virus Disease
CP Coverage Improvement Plan
CPI Coverage Improvement Plan Implementation
CPRU Community Project Review Unit
CRS Community Rating System
CUP City of Cupertino
CWM Countywide Mailer
DFH Disclosure of Flood Hazard
DWR Department of Water Resources
ECHO Executive Council of Homeowners
EOC Emergency Operations Center
ED Earth Day
ESV Emergency Services Volunteers
FAA Financial Assistance Advice
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FPM Floodplain Manager or Floodplain Mailer
FRP Flood Response Preparations
GIL City of Gilroy
GIS Geographic Information System
GF Gilroy Garlic Festival
HOA Homeowners Association
ISO Insurance Services Office
JPA Joint Powers Authority
LA City of Los Altos
LAH Town of Los Altos Hills
LG Town of Los Gatos
MS4s Municipal Separate Storm Sewer Systems
NFIP National Flood Insurance Program
NOAA National Ocean & Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
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NRCD National River Clean-Up Day
OA Operational Area
OEM Office of Emergency Management
OES Office of Emergency Services
O&M Operations & Maintainance
OP Outreach Project
MCOH Municipal Corporation Open House
MIL City of Milpitas
MH City of Morgan Hill
MV City of Mountain View
MVA&WF Mountain View Art & Wine Festival
PA City of Palo Alto
PE Professional Engineer
PG&E Pacific Gas & Electric
PPA Property Protection Advice
PPI Program for Public Information
PPV Protection Advice Provided after a Site Visit
PWWCOH Public Works Week Community Open House
RACES Radio Amateur Civil Emergency Service
ReadySCC Ready Santa Clara County
REB Real Estate Agent Brochure
RL Repetitive Loss
SAR City of Saratoga
SC City of Santa Clara
SCC Santa Clara County
SCVURPP Santa Clara Valley Urban Runoff Pollution Prevention Program
SFHA Special Flood Hazard Area
SJ City of San José
SU City of Sunnyvale
TA Target Audience
TNL Thursday Night Live
TP Town Picnic
USACOE United States Army Corps of Engineers
USGS United States Geological Survey
VW Valley Water
WDR Waste Discharge Requirements
WEB Flood Protection Website
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I. BACKGROUND
Santa Clara County is located at the south end of San Francisco Bay and has come to be known as
Silicon Valley. Currently, eleven (11) of the seventeen (17) communities in Santa Clara County
participate in the Federal Emergency Management Agency’s (FEMA), National Flood Insurance
Program (NFIP), Community Rating System (CRS), a program to provide discounts on flood insurance
premiums. Santa Clara Valley Water District (Valley Water), the water management agency for Santa
Clara County, participates as one of the few fictitious communities in the nation. This unique
arrangement was set up with FEMA in 1998 so participating Santa Clara County CRS communities
could take advantage of Valley Water’s point-earning efforts. Essentially, this allows Valley Water’s
activities to provide a foundation of points with simplified bookkeeping, since FEMA has already
approved the activities through Valley Water’s 5-year verification visits and subsequent annual
recertifications.
Flooding in Santa Clara County comes from heavy local rainstorms that occur during the winter months
of December through March. Occasionally, the rainy season extends into April, but little rain falls
between May to October. Valley Water designs and carries out extensive flood protection outreach
programs. For example, Valley Water shares social media videos and postings, digital banners,
newspaper advertorials, radio, and television/mobile ads targeted by area and language and maintains
an extensive website of flood protection information. Communities have augmented Valley Water’s
efforts through other efforts targeted within their specific jurisdiction. Until the Program for Public
Information (PPI) process started, there had been little discussion between the communities and Valley
Water about the effectiveness of these programs and if they contained the most significant messages.
Since becoming part of the program, Valley Water has led meetings to educate participating
communities floodplain managers and increase participation in CRS. In 2012, Valley Water hosted a
5-day FEMA class on Floodplain Management, to help prepare staff from local cities for the Certified
Floodplain Manager (CFM) exam. Based on the high number of participants, it was clear that local
communities were interested in working with their counterparts in other communities to understand the
CRS program better and maximize their own jurisdiction’s CRS points.
The California Department of Water Resources (DWR) provides statewide NFIP workshops that are
designed to interpret and explain the NFIP regulations and to give an overview of the need for
community-based floodplain management. DWR and FEMA conduct workshops for floodplain
management agencies, including State and local officials. The workshops allow floodplain management
officials to have a greater understanding of FEMA's minimum regulation requirements and how to meet
them. Valley Water continues to coordinate with the DWR to ensure these trainings and workshops
can be offered locally to our area’s CFMs and floodplain management officials by hosting these events,
at a minimum, every other year.
The new Program for Public Information (PPI) introduced in the FEMA NFIP CRS Coordinator’s Manual
(Edition 2013) was recognized as an excellent project to work on jointly with the CRS communities of
Santa Clara County. As stated in the example PPI from Snohomish County, Washington:
The Program for Public Information is a planning tool to provide a step-by-step
coordinated approach to flood hazard outreach. The PPI can be developed and
implemented by a single community or with other communities as a multi-
jurisdictional effort. The purpose is the same: to improve communication with
citizens, and to provide information about flood hazards, flood safety, flood
insurance and ways to protect property and natural floodplain functions to those
who can benefit from it. The intent of the CRS program, and the PPI, is to
reduce injury to people and damage to property from future floods. Coordination
between jurisdictions through a Multi-Jurisdictional Program for Public
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Information further increases efficiency in resources and improves
communication with citizens.
Additionally, developing a Multi-Jurisdictional PPI in Santa Clara County was a way to earn significant
CRS points, which may translate into greater discounts on flood insurance premiums for our policy
holders. The Multi-Jurisdictional PPI rewards participants for developing messages that are tailored to
local needs.
In November 2013, Valley Water proceeded to convene a meeting of all the CRS coordinators in the
county to explain the PPI process and gauge interest for developing a Multi-Jurisdictional PPI for Santa
Clara County. Although Valley Water offered to host the process and provided staffing, it was
understood that for the 2015 PPI development each participating community would be required to: 1)
conduct the CRS Self-Assessment; 2) recruit a non-governmental stakeholder; 3) participate in the PPI
Committee meetings and 4) bring the PPI to their elected body for approval. With the enthusiastic
support of the CRS coordinators, the PPI process was started.
In 2015, twelve (12) communities agreed to develop the PPI. These communities were comprised of
the ten (10) incorporated cities, County of Santa Clara, and Valley Water. For the original twelve (12)
communities, several factors encouraged development of the PPI in 2015. First, the California
Department of Water Resources (DWR) Flood Futures Report, released in November of 2013, took a
comprehensive look at flood risk across the entire state. Santa Clara County was listed second in
California in two important flood risk categories: most-people-exposed-to-flooding and most-property-
exposed-to-flooding. Additionally, the threat of sea-level rise and increases in storm intensity expected
from climate change may make flooding more severe locally. Finally, the local Insurance Service Office
(ISO) CRS Specialist brought it to Valley Water’s attention as something that would work well with the
agency’s role as a fictitious community.
The six priority topics of the revised CRS program are essentially best management practices for
households but are not necessarily focused on businesses. The major employers of Silicon Valley form
a ring around the edge of the bay, located in areas subject to tidal flooding. As sea levels rise due to
climate change, these industrial parks will be subject to more frequent flooding. Although the buildings
may be designed to withstand floods, issues associated with flooded roads may create problems for
thousands of workers getting to and from work. Each person who works in the tidal flooding zone will
need to develop emergency plans for getting home before freeways flood, communicate with their
families, and take care of them.
In Santa Clara County, most of the flood risk to households is from fluvial flooding (creek flooding).
Since Santa Clara County is adjacent to San Francisco Bay, tidal and fluvial flooding both pose risks.
Historically, fluvial flooding has caused most of the flood damage that has occurred here, but in the
future, the risk of tidal flooding is expected to increase due to climate change-induced sea-level rise.
The PPI Committee meetings have provided an opportunity for staff from the various cities and Valley
Water, who work on CRS regularly, to talk about what the local flood messages really need to say and
what aspects of the extensive public outreach plan are already in place and are working well. As
electronic forms of communication become more and more a part of daily living, information is expected
to be just a few clicks away. The role of local flood professionals is to make sure that the information is
in place for people to find when they need it. In the PPI meetings, discussions have occurred as to
what makes up that “needed information.”
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II. GOALS
The PPI participants share a vision to improve the efficiency of the communities’ collective outreach
efforts and to tailor outreach messages better to local needs. The participants also see the PPI as the
backbone activity of an ongoing CRS Users Group that will help the local governments maintain or
improve their individual CRS ratings by encouraging the purchase of flood insurance and promoting
best practices that reduce flood risk.
At the beginning of the PPI process, it was recognized that getting the twelve (12) communities to meet
all the FEMA requirements for participation would be a challenge. Consequently, the goal was set for
the first year’s PPI as getting the process going with as many communities as possible and developing
a track record of success. Given that Valley Water has had an extensive public outreach program for
many years, the goal was not to increase the size and scope of the program but to tailor the existing
programs to be more effective and efficient.
Through discussions with stakeholders during the PPI meetings, the PPI process was determined to be
a good way to evaluate the existing outreach system and build on what works well. The cities’ staff had
good insight about what aspects of Valley Water’s program were well-received with their residents
through questions, complaints, and comments they have gotten from the public over the years. The
stakeholders shared reactions to various components of past outreach efforts and their effectiveness in
conveying the message.
Several messages relating to public safety came out of the discussions as messages that need to be
stressed. One was to “slow down on wet roads” and the other is “never drive through water.” Even
though these are common sense messages, there are accidents every rainy season because some
people do not follow them.
The lack of personal emergency plans was also seen as an ongoing problem. Although it is easy to
prepare these plans, many families do not get around to it until after the emergency has already
happened. For the most part, the family emergency plan is the same for a whole range of
emergencies. Locally, the most likely emergencies are related to fire, earthquake, or flooding.
Another goal that surfaced through the discussions is collaborating with non-governmental
organizations like American Red Cross and Pacific Gas & Electric (PG&E), who conduct their own
outreach. A few slides will be added to the standard American Red Cross and/or PG&E presentations
on flooding and encouraging people to purchase flood insurance. The PPI participants may send
speakers with knowledge of flooding to appropriate groups.
III. PPI COMMITTEE
2015 PPI Committee
FEMA requires that each community provide at least two representatives to the regional PPI
Committee, with at least half of the representatives from outside of the local government. Additionally,
at least half of the representatives must attend all the meetings of the regional committee. The past
2015 PPI Committee is listed in Appendix C.
Each PPI Committee member was asked to share their perspectives on flood information needs and
how the existing programs worked.
The meetings were organized to follow the example in the FEMA report Developing a Program for
Public Information (March 2013) which breaks the process into the following seven (7) steps:
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Step 1: Establish a PPI Committee.
Step 2: Assess the community’s public information needs and inventory existing public information
and outreach efforts.
Step 3: Formulate messages.
Step 4: Identify outreach projects to convey the messages.
Step 5: Examine other public information initiatives.
Step 6: Prepare the PPI document.
Step 7: Implement, monitor, and evaluate the program.
The process was designed to be accomplished in four meetings to allow time for a wide range of
discussions. Between the third and the fourth meeting, a subgroup worked on drafting the PPI for the
rest of the committee members to review. The dates were set at the beginning of the process for
participants to arrange their schedules accordingly. Even with a lot of lead time, getting participation
was challenging. Part of the issue may have been local weather conditions. Severe drought made
planning for flood protection seem less relevant than normal.
The first stakeholder meeting was held on February 12, 2014. Communities were asked to complete
FEMA’s self-assessment before the meeting. The participants got to know each other by sharing the
flood risk characteristics and flood insurance statistics identified from the self-assessments. These
characteristics were translated into the public information needs (Step 2) and target audiences. Step 3
was started by formulating messages and Step 4 by identifying projects for the PPI.
The second meeting was held on March 27, 2014. The information from the previous meeting had been
captured in a draft of the PPI worksheet and it was agreed to use this draft worksheet as minutes of the
discussion. A presentation was given on the outreach program operated by Valley Water and
discussion ensued regarding the effectiveness of these programs based on perceptions of the
stakeholders. Significant progress was made on Steps 3, 4, and 5. In addition to outreach projects, the
importance of other public information initiatives (Step 5) was discussed. As our society gets more
web-based, people expect to find the information they seek at any time day or night within a few clicks.
The consensus was that as the flood protection professionals for the county, it is our job to make sure
that the information is available on our websites for our residents to find when they need it.
The third meeting was held on April 24, 2014. The American Red Cross presented their outreach
programs, which are designed for disaster planning in general, not necessarily for flooding disasters.
PG&E also briefly presented. This finished Step 2. The PPI worksheet was updated again.
During the April meeting, a sub-committee was convened to draft the PPI. Three working meetings
were held to work through issues related to the draft. Writing assignments were shared to produce a
draft for the full PPI Committee to review. Messages were formulated (Step 3) and outreach projects to
convey the messages (Step 4) were identified.
The fourth meeting was held on June 26, 2014, to discuss the draft of the PPI and to finish filling out the
assignments for the PPI worksheet. Based on the comments received at the meeting, another draft
was circulated by email for the PPI stakeholders to approve.
2021 PPI Committee
Every five years, the PPI Committee reconvenes to review and revise the PPI document. The 2021
PPI Committee (see Table 1) initially met on February 27, 2020, to update the 2015 PPI; due to sunset
in April 2020. The meeting outcomes included: 1) gathering communities’ input on how the 2015 PPI
worked in FY20; 2) planning and confirming the PPI messages to finalize the Annual Evaluation Report
for FY20 (Year 5), and 3) reviewing and updating the 2015 PPI to develop the 2021 PPI in accordance
with the FEMA NFIP CRS Coordinator’s Manual (Edition 2017).
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Shortly after the meeting, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State
of Emergency in the State of California in response to the COVID-19 pandemic. On March 16, 2020,
the County of Santa Clara Public Health Officer issued a legal order directing all residents to shelter-in-
place starting March 17, 2020. In compliance with the Public Health Order, all upcoming Santa Clara
County PPI Meetings were postponed until further notice.
On October 29, 2020, the PPI Committee reconvened virtually to discuss the revisions on the
2015 PPI. It was the consensus of the committee to amend the existing 2015 PPI, rather than create a
new document.
On December 11, 2020, the PPI Committee met virtually to review the newly drafted 2021 PPI. During
the meeting, Valley Water’s 2020-21 Flood Awareness Campaign was discussed, including Valley
Water’s Annual Floodplain Mailer. The committee also reviewed the previous year’s 2019-20 Flood
Awareness Campaign survey data results. Valley Water shared the ‘Social Media Resource Guide’
available to all Santa Clara County cities and the county.
The PPI Committee reviewed the additional outreach projects for Activity 360 - Flood Protection
Assistance and outreach projects for Activity 370 - Flood Insurance Promotion. Additionally, the PPI
Committee agreed to create two Appendices. Appendix A documents the creditable CRS activities
each community will report on during their verification cycle visit and Appendix B documents the non-
creditable Activity 330 Outreach Projects conducted in the community. The non-creditable CRS
activities are other additional flood preparedness outreach efforts the community undertakes; however,
outreach projects identified in Appendix B may be creditable under other CRS activities/element, such
as Activity 350, c). Flood protection website (WEB).
For the benefit of communities/representatives who were unable to join the PPI meetings scheduled on
February 27, 2020, October 29, 2020, or December 11, 2020, Zoom videos of the October and
December meetings were shared with PPI Committee members following each meeting.
For the 2021 PPI Committee, there are 15 participating communities, 11 (eleven) participating CRS
communities and four (4) communities who are showing an interest in applying to become a CRS
community. These four communities are the County of Santa Clara, the Town of Los Altos Hills, the
Town of Los Gatos, and the City of Saratoga.
Stakeholder Definition and Responsibilities
According to the FEMA NFIP CRS Coordinator’s Manual (Edition 2017) (page 330-23), “a stakeholder
can be any agency, organization, or person (other than the community itself) that supports the
message.” For example, a city resident or floodplain resident, business leader, insurance agent, civic
group, academia, a non-profit organization, major employers, managers of critical facilities, farmer,
landowner, developer, and other participants with no attachment to the local government can be a
stakeholder.
The responsibilities of a stakeholder are as follows:
Annually:
1) Attend Santa Clara County PPI Committee Meetings (internal/external stakeholder) meetings
(typically two (2) meetings a year); and
2) Provide input on the development of the Annual Evaluation Report for the PPI.
Every Five Years:
1) Provide input on the development of the Santa Clara County Multi-Jurisdictional Program for
Public Information (PPI) with the perspective of a resident/business/organization (typically 2-4
meetings every five (5) years).
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Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee
Community Local Government
Representative and Alternates External Stakeholders
County of
Santa Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services
Manager, Department of Planning and
Development, Floodplain Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City
Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain
Manager Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain
Manager
Andrea Trese, Associate Civil Engineer
Christopher Wilson, Operations
Manager, Los Altos Suburban District,
California Water Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager
Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima
Hills Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering
Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering
Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the
Milpitas Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain
Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works
Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services
Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San José Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San José resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council
member
Saratoga David Dorcich, PE, QSP/D, Associate Civil
Engineer, Community Development Department,
Floodplain Manager
Rebecca Gallardo, Real Estate Agent
for Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate
District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit
Manager
Nikki Rowe, American Red Cross
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IV. COMMUNITIES’ FLOOD HAZARD AREAS
The sections below provide a description of each participating community and their flood hazard areas.
In Santa Clara County, careful attention needs to be paid to flood protection for the businesses that
make up Silicon Valley. Many of these large employers are located in a ring of office parks near the
edge of the San Francisco Bay in areas subject to both fluvial and tidal flooding. This is particularly true
for the communities of Palo Alto, Mountain View, Sunnyvale, Santa Clara, San José, and Milpitas.
Data Sources for Individual Community Sections:
Community Description: The introductory community description sections were provided by each
community.
Population Data: In the below individual city/county pages, the population data were obtained from the
US Census Bureau population estimates dated July 1, 2019:
https://www.census.gov/quickfacts/fact/table.
Flood Hazard Data: The Flood Hazard Data was provided by each community.
Flood Insurance Data: The Flood Insurance Data was provided by the CRS Technical Reviewer, ISO
representative Dave Arkens on November 15 and 18, 2020, from the FEMA Community Information
System (CIS) database. These estimates are dated as of November 2, 2020.
The insurance occupancy zone data indicates residential land use. The insurance flood zone data
indicates policies in different flood zones, including non-flood zones.
For the definitions of the FEMA flood zone designations in the insurance occupancy and flood zone,
please see Appendix D.
FEMA Flood Hazard Area Maps: The FEMA Flood Hazard Area Maps were provided by Valley Water’s
Geographic Information System (GIS) team through the Flood Insurance Rate Map (FIRM) database
and are dated as of November 2020.
The FIRM is the basis for floodplain management, mitigation, and insurance activities for the NFIP.
Insurance applications include enforcement of the mandatory purchase requirement of the Flood
Disaster Protection Act, which "... requires the purchase of flood insurance by property owners who are
being assisted by Federal programs or by Federally supervised, regulated or insured agencies or
institutions in the acquisition or improvement of land facilities located or to be located in identified areas
having special flood hazards, " Section 2(b)(4) of the Flood Disaster Protection Act of 1973.
In addition to the identification of SFHAs, the risk zones shown on the FIRMs are the basis for the
establishment of premium rates for flood coverage offered through the NFIP. The FIRM Database
presents the flood risk information depicted on the FIRM in a digital format suitable for use in electronic
mapping applications. The FIRM Database serves to archive the information collected during the Flood
Risk Project.
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County of Santa Clara, Unincorporated Areas
The County of Santa Clara is located at the south end of San Francisco Bay between Alameda and
San Mateo counties. The county has a population of about 1,927,852 residents. There are 13
incorporated cities and two (2) incorporated towns located in Santa Clara County. Most are
concentrated in the northern half of the county near San Francisco Bay and these cities are jointly
known as Silicon Valley. Gilroy and Morgan Hill are located in the southern half of the county. Santa
Clara County also falls in two (2) major watersheds. The northern section flows to San Francisco Bay
through Coyote Creek, the Guadalupe River, Stevens Creek, San Francisquito Creek, and a few
smaller creeks. The southern section flows to Monterey Bay through the Pajaro River.
Although 73 percent of the land is unincorporated or not included within any city; only five (5) percent of
the County’s population lives outside of the cities. Most of the unincorporated land is used for
agriculture (63 percent), 19 percent is in low-density residential, 17 percent is in parks and open space
preserves with about one (1) percent in commercial and industrial uses.
Flood Hazard On the FEMA floodplain maps,
four (4) Special Flood Hazard Area (SFHA) zones
are identified. They are A, AE, AO, and AH. The
number of structures in the SFHA is unknown, but
most are included in low-density residential zones
except for eight (8) trailer parks in the
unincorporated County. Most of the flooding in
the unincorporated County occurs along Llagas
Creek between Morgan Hill and Gilroy, flowing
south to and along the Pajaro River which forms
part of the southern boundary of the County.
There are levees included in the SFHA and they
have been re-certified within the last seven years.
Though the county has experienced isolated local
flooding events in the last ten years, no events of
note have been experienced since the storm
events of 1995, 1997, and 1998 (Disaster DR-
1046, DR-1155, and DR-1203, respectively).
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Repetitive Loss Properties The unincorporated section in the areas of County of Santa Clara have
three (3) repetitive loss properties.
County of Santa Clara Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Cupertino
The City of Cupertino is located at the southern end of San Francisco Bay, on the western edge of the
Santa Clara Valley. It is approximately ten (10) miles southwest of the Mineta San José International
Airport with convenient freeway access via State Route 85 and Interstate 280. The city, home of
Apple’s corporate headquarters and De Anza College, has a population of over 59,276 residents and
encompasses 11.3 square miles or 7,230 acres.
Flood Hazard Under the current FIRMs, the
City of Cupertino has 130 structures in the
Special Flood Hazard Area (SFHA). The city’s
SFHAs consist solely of designated zones A
and AE. Of the total number of structures in the
SHFA, 80 percent are single-family (1-4 units),
one (1) percent is multi-family (5 or more units),
and 19 percent are commercial or non-
residential. Several streams run through
Cupertino that flow into the San Francisco Bay,
including Calabazas Creek, Saratoga Creek,
Stevens Creek, Regnart Creek, Heney Creek,
Prospect Creek and Permanente Creek.
Specific areas that are susceptible to flooding
are near Stevens Creek and Heney Creek. The
city had experienced flooding around
Calabazas Creek in 1998, but flood protection
projects completed by Valley Water have
decreased the risk of flooding significantly.
Repetitive Loss Properties There are
currently no repetitive loss properties in the city.
The city had one (1) repetitive loss property
within its jurisdiction and the property was
purchased by the city in 2014.
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City of Cupertino Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Gilroy
The City of Gilroy is situated in South Santa Clara County at the crossing of U.S. Highway 101 and
State Highway 152. The city is located approximately 16 miles south of San José to Monterey/Day
Road on U.S. Route 101 and 19 miles inland from the Pacific Coast. The city has a population of about
59,032 residents and has a total area of 10,340 acres or approximately 16.156 square miles.
Approximately seven (7) percent of this area in parks and preserves and another 29 percent consists of
agriculture and other open space uses. The remaining area is nearly completely developed, with the
predominance of single-family residences. The City of Gilroy has about 19 percent of vacant areas
(developable land).
Flood Hazard Under the current FIRMs, the City
of Gilroy has 96 structures in the Special Flood
Hazard Area (SFHA). The SFHAs are mainly in
FEMA designated Zones A, AE, AH, and AO. Of
the total structures in the SFHA, 26 percent are
single-family (1-4 units), none are multi-family (5
or more units), and four (4) percent are
commercial or non-residential. The City of Gilroy
receives waters from Lions, Llagas, Uvas, North
and South Morey Creek. Specific areas that are
susceptible to flooding are around Uvas Creek.
The levee on Uvas Creek has been certified by
FEMA. The City of Gilroy experienced flooding
during the storms of December 14 to 28 in 1955.
The heaviest precipitation occurred during the 3-
day period ending December 23rd. The 12.9
inches of rain reported in the Gilroy area resulted
in the Uvas and Carnadero Creeks creating a flow
of 14,000 cubic feet per second (CFS) at U.S.
Highway 101. Miller Slough was the principal
flood problem in January 1963. A rainfall of 3.21
inches for 24 hours caused severe flooding of
Forest Street, Church Street, and Sixth Street,
with all the water flowing from Miller Slough.
FEMA Flood Hazard Areas Some zone designation areas in Gilroy are being reviewed. Please
contact the city’s Floodplain Manager for information regarding the zones that are being reviewed.
Repetitive Loss Properties There are no repetitive loss properties in Gilroy.
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City of Gilroy Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Los Altos
The City of Los Altos is located at the base of the San Francisco Peninsula, 40 miles south of San
Francisco. The approximately 6.3 square-mile city is developed primarily for single-family residential
with small businesses , schools , librar ies, and churches . According to the 2019 census, it has a
population of 30,089, with a population density of 4,466.8 people per square mile, and an average
household size of 2.61 people.
Los Altos ' climate is marine-influenced with an average summertime high temperature of 78°F and an
average low of 57°F, dropping to an average winter nighttime low temperature of 41°F and an average
high of 60°F. Mean annual precipitation ranges from 15 to 22 inches, with most precipitation falli ng
from November through March. Precipitation occurs entirely as rainfall. Snowmelt is not a hydrologic
process that significantly affects runoff in the city.
Flood Hazard Under the current FIRMs, the
City of Los Altos has approximately 550
properties in the Spec ial Flood Hazard Area
(SFHA). SFHAs are mainly in FEMA
designated Zones A, AH, AE and AO . Of the
total structures in the SFHA, 99 percent are
single-family, and one (1) percent are
commercial or non-residential. The city has four
(4) creeks: Adobe Creek, Hale Creek,
Permanente Creek, and Stevens Creek.
Specific areas that are susceptible to flooding
are around Adobe, Permanente, and Hale
Creeks.
Precipitation that falls within the City of Los Altos
generates stormwater runoff. This runoff is
conveyed in several mostly manmade flood
protection systems that discharge to the creeks.
Most of these systems do not interact with one
another, and potential improvements to one
system should not impact the performance of
other systems. The total land area withi n the city
limits is roughly 6.3 square miles (approximately
4,000 acres). To create a rural aesthetic, many
of the streets in Los Altos do not have traditional
suburban curb and gutter-lined streets. This
layout provides some attenuation before runoff
reaches a storm drain inlet.
In addition to storm drains, flood protection is
provided to the City of Los Altos by Valley Water
and its maintenance of our four creeks (Hale,
Stevens, Adobe, and Permanente) that convey
storm-generated runoff north to the San
Francisco Bay.
Repetitive Loss Properties There are no repetitive loss properties in the City of Los Altos.
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City of Los Altos Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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Town of Los Altos Hills
The Town of Los Altos Hills is a residential community in the northwestern region of Santa Clara
County. The Town is located adjacent to the City of Los Altos, 35 miles south of San Francisco, five
(5) miles south of Stanford University, and 17 miles north of downtown San Jose. The town
encompasses approximately nine (9) square miles and contains primarily single-family residences.
According to the 2019 Census Bureau, the population is 8,423 with a population density off 918
people per square mile.
There are no commercial or industrial uses within the town limits. As the town has developed over the
past 50 years, residents have continued to support the preservation of low-density residential
development and the semi-rural character of the community through one-acre zoning, the right to
keep horses on private property, and the protection of open space, creek corridors, wildlife habitat,
and heritage oak trees.
The town has a mild climate with average summertime highs of 78 degrees, and average wintert ime
lows of 43 degrees. The town receives approximately 21 inches of rain per year, of which most
occurs between November and April. The town does not typically receive any precipitation in the form
of snow and does not typically receive any snowmelt runoff.
Flood Hazard: The town has six (6) creeks:
Adobe Creek, Barron Creek, Deer Creek, Hale
Creek, Matadero Creek, and Purissima Creek.
Under the current Flood Insurance Rate Maps
(FIRMs), the Town has properties in the
Special Flood Hazard Area (SFHA) along each
of the creeks. SFHAs are shown on the FIRMs
as Zone A, V, AE, AO, AH, VE, or AR. The
SFHAs included in the town are Zone A and
AE. Approximately one (1) percent of
structures in the town are located in the one
(1) percent annual chance floodplain (SFHAs).
Stormwater runoff, which is generated by
precipitation within Los Altos Hills, is conveyed
either in the manmade storm drain system or
allowed to naturally attenuate as overland flow.
The storm drain system discharges to the
creeks mentioned above. The system is
comprised of small, localized systems that do
not interact with one another. To maintain the
semi-rural character of the town, many of the
streets do not contain traditional curb and
gutter lined streets. The lack of curb and gutter
allows for some natural attenuation of runoff.
In addition to the storm drain system, flood
protection is provided to the town by Valley
Water maintenance of Adobe Creek, Barron
Creek, Deer Creek, Hale Creek, Matadero
Creek, and Purissima Creek. These creeks
convey storm-generated runoff to the San
Francisco Bay.
Repetitive Loss Properties: There are no repetitive loss properties in the Town of Los Altos Hills.
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Town of Los Altos Hills Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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Town of Los Gatos
The Town of Los Gatos is located at the southern end of San Francisco Bay. The town is about 50 miles
south of San Francisco. The town has a population of around 30,222 residents and encompasses 7,455
acres or approximately 11.7 square miles. Approximately 58 percent of this area are in residential, three
(3) percent in commercial and industrial, two (2) percent in office/research and development, five (5)
percent in public/quasi-public, one (1) percent in agricultural, 26 percent in parks and open space, and
the remaining in vacant/unassigned areas.
Flood Hazard Under the current FIRMs, the Town
of Los Gatos has 165 properties in the Special Flood
Hazard Area (SFHA). The SFHAs are mainly in
FEMA designated zones A, AE, AH and AO. Of the
total properties in the SFHA, 87 percent are 1-4
family residential, less than one (1) percent are
multi-family (5 or more families), and the remaining
12 percent are non-residential areas. The town has
Ross Creek, Los Gatos Creek, Smith Creek, and
San Tomas Aquino Creek.
Repetitive Loss Properties The town does not
have repetitive loss properties.
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Town of Los Gatos Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Milpitas
The City of Milpitas, located at the southern tip of the San Francisco Bay, is a progressive community
that is an integral part of the high-tech Silicon Valley. With a diverse resident population of 84,196,
Milpitas features quality schools, conveniently located neighborhood parks and shopping centers.
Milpitas is often called the “Crossroads of Silicon Valley”, with most of its 8,680 Acres or 13.63 square
miles of land situated between two major freeways (I-880 and I-680), State Route 237, and a county
expressway. A new light rail line opened for service in 2004 and an extension of the BART subway
system is underway. The city encompasses 8,680 acres of land. Approximately 12 percent of this area
is in parks and preserves, less than one (1) percent consists of agricultural uses and other open space
uses, 31 percent in low-density residential uses, four (4) percent in medium-density residential uses,
eight (8) percent in high-density residential use, 12 percent in commercial/educational uses and 17
percent in industrial uses. There are approximately 1,790 acres, or 2.9 square miles, designated for
various industrial uses. About 271 acres are vacant and available in parcels ranging from ½ acre to 75
acres. There are eight existing industrial parks and 550 manufacturing plants in Milpitas.
Flood Hazard The City of Milpitas manages a
floodplain that includes several local and
regional creeks that convey stormwater to other
jurisdictions, bay lands and marshes of the San
Francisco Bay. Calera, Coyote, Penitencia,
Berryessa, Los Coches Piedmont,
Wrigley/Ford, and Tularcitos Creeks are among
the major creeks that receive this stormwater.
The City of Milpitas has 3,000 properties and
3,300 structures in the Special Flood Hazard
Area (SFHA). SFHAs are mainly in FEMA
designated zones A, AE, AH, and AO and are
located near Calera, Penitencia, Berryessa, Los
Coches and Tularcitos Creeks.
Repetitive Loss Properties The city does not
have repetitive loss properties.
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City of Milpitas Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Morgan Hill
The City of Morgan Hill is located within South Santa Clara County between the City of San José and
the City of Gilroy; Morgan Hill is about 65 miles south of San Francisco. The city has an approximate
population of 45,952 residents with an area of 8,206 acres or approximately 13 square miles, with the
following breakdown in land use:
a. Commercial 705 acres (10.8 percent)
b. Industrial 718 acres (11.0 percent)
c. Mixed-Use 238 acres (3.6 percent)
d. Open Space 1,328 acres (20.3 percent)
e. Public Facilities 301 acres (4.6 percent)
f. High-Density Res. (6 to 12 DU/ac.) 242 acres (3.7 percent)
g. Medium-Density Res. (up to 7 DU/ac) 744 acres (11.4 percent)
h. Low-Density Res. (0 to 4 DU/ac) 2,259 acres (34.6 percent)
Flood Hazard Under the current FIRMs, the
City of Morgan Hill has approximately 643
structures (as of 2018) in the Special Flood
Hazard Area (SFHA). SFHAs are mainly in the
FEMA designated Zone A, AE, AH, and AO. Of
the total structures in the SFHA, 34 percent
(221 structures) are low-density residences,
31 percent (197 structures) are medium-density
residences, and 15 percent (96 structures) are
high-density residences. There is one (1) main
creek, West Little Llagas Creek, which runs
through the west side of Morgan Hill and flows
south; it is along West Little Llagas Creek
where residents and commercial properties are
susceptible to flooding. West Little Llagas
Creek is tributary to Llagas Creek which
conveys water to the south to Gilroy and
eventually the Monterey Bay.
Repetitive Loss Properties The city has four
(4) repetitive loss properties with 19 structures
in the repetitive loss areas in FEMA designated
Zone A, AE, AH, or AO zones.
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City of Morgan Hill Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Mountain View
Just over 12 square miles and home to approximately 82,739 residents, while the daytime population
exceeds 125,000. The size and population of Mountain View may be modest, yet it has a prominent
role on the world stage as the center of innovation for Silicon Valley, being the home to some of the
most prominent tech companies in the world as well as hundreds of startups. The vibrant downtown
draws people from all over the world to visit its shops and restaurants. The wonderful parks and
network of trails delight people of all ages.
Mountain View boasts strong safety and public education records and is considered one of the best
places to live in the Bay Area.
Flood Hazard Under the current FIRMs, the
City of Mountain View has 1,139 parcels in
the Special Flood Hazard Area (SFHA).
SFHAs are in FEMA designated Zones A,
AE, AH, and AO (1 & 2). Stevens Creek,
Permanente Creek, Permanente Diversion
Channel, and Hale Creek all flow through the
City of Mountain View. The city is also
subject to tidal flooding from San Francisco
Bay.
Repetitive Loss Properties There are no
repetitive loss properties in the City of
Mountain View.
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City of Mountain View Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Palo Alto
The City of Palo Alto is located on the San Francisco Peninsula, at the southern end of San
Francisco Bay. The city is 35 miles south of San Francisco and 14 miles north of San José and at
the northern edge of Santa Clara County, between the cities of Mountain View and Menlo Park. The
city has a population of around 65,364 residents and encompasses 16,627 acres or approximately
26 square miles. Approximately 40 percent of this area is in parks and preserves and another 15
percent consists of agriculture and other open space uses. The remaining area is nearly completely
developed, with single-family uses predominating. Less than one (1) percent of the city’s land area
consists of vacant, developable land.
Flood Hazard Under the current FIRMs, the
City of Palo Alto has 4,889 structures in the
Special Flood Hazard Area (SFHA). SFHAs
are mainly in FEMA designated zone A, AE,
and AH. Of the total structures in the SFHA,
87 percent are single-family (1-4 units),
11 percent are multi-family (5 or more units),
and two (2) percent are commercial or non-
residential. The city has four (4) creeks, San
Francisquito Creek, Matadero Creek, Adobe
Creek, and Barron Creek, that flow to San
Francisco Bay. San Francisquito Creek
flows into San Francisco Bay, and Matadero
Creek, Barron Creek and Adobe Creek flow
into 600 acres Palo Alto Flood Basin. The
flow of water from the flood basin to the bay
passes through eight (8) box culverts
controlled by flap gates in the box culverts.
Specific areas that are susceptible to
flooding are around San Francisquito Creek
and San Francisco Bay, where the levees
are not built to FEMA standard for a 100-
year storm protection. The city had
experienced flooding around San
Francisquito Creek in 1955 and 1998 when
water overtopped the levee and caused
immense damage to properties. A Joint
Powers Authority was established in the
year 2000 to provide flood protection for the
San Francisquito Watershed.
Repetitive Loss Properties There are five (5) repetitive loss areas in the city and there are 107
building structures on the five (5) repetitive loss areas.
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City of Palo Alto Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of San José
The City of San José is located at the southern tip of the San Francisco Bay. With a population
of 1,021,795 residents. San José is the third-largest city in California. The city encompasses
115,200 acres or approximately 180 square miles. Approximately 17 percent of this area is in
parks, agriculture, and other open space uses. Residential use is comprised of 34 percent single-
family, two (2) percent two-family, four (4) percent multi-family and one (1) percent mobile homes.
Other uses include four (4) percent in commercial, three (3) percent educational, and 10 percent in
industrial uses.
Flood Hazard Under the current FIRMs, the City of San José has approximately 20,000
structures in the Special Flood Hazard Area (SFHA); 67 percent of these structures are single-
family residences
(1-4 units), 13 percent are multi-family (5 or more units), and 20 percent are other non-residential
uses, including commercial and industrial. These structures are located in FEMA flood zone
designations A, AE, AH and AO. There are two (2) main creeks/rivers that flow into the San
Francisco Bay, the Coyote Creek, and the Guadalupe River. The areas that flood San José are
from the many tributaries that drain into the Coyote Creek and the Guadalupe River.
Repetitive Loss Properties The City of San José has six (6) repetitive loss properties with a total
of 11 structures.
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City of San José Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Santa Clara
The City of Santa Clara is located about 45 miles south of San Francisco. The city encompasses
roughly 12,352 acres, or 19.3 square miles, and has a population of approximately 130,365. The city is
categorized into areas consisting of approximately 43 percent residential, 27 percent commercial and
industrial, 11 percent office/research and development, 11 percent public/quasi-public, and six (6)
percent parks and open space, with the remaining area being categorized as vacant/unassigned.
Flood Hazard Under the current FIRMs, the City of
Santa Clara has 1,012 properties in the Special
Flood Hazard Area (SFHA). SFHA are mainly in
FEMA designated zone A, AE, AH, and AO. Of the
total properties in the SFHA, 50 percent are 1-4
family residential, 27 percent are multi-family (5 or
more families), and the remaining 23 percent are
non-residential areas. The city has four (4)
creeks/rivers: Calabazas Creek, Saratoga Creek,
San Tomas Aquino Creek, and Guadalupe River.
The city has experienced flooding around Calabazas
Creek and San Tomas Aquino Creek in 1983, 1986,
and 1998 when water overtopped the levees and
caused significant damage to properties.
Repetitive Loss Properties The city does not have
repetitive loss properties.
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City of Santa Clara Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Saratoga
The City of Saratoga is located on the west side of the Santa Clara Valley, directly west of San José,
in the San Francisco Bay Area. The city is 48 miles south of San Francisco and 14 miles west of San
José and at the southwest edge of Santa Clara County, between the cities of Cupertino and Los
Gatos. The city has a population of 30,153 residents and encompasses 8,179 acres or
approximately 13 square miles. Approximately 40 percent of this area is in parks and preserves, and
another 15 percent consists of agriculture and other open space uses. The remaining area is nearly
completely developed, with single-family uses predominating. Less than one (1) percent of the city’s
land area consists of vacant, developable land.
Flood Hazard Under the current FIRMs, the
City of Saratoga has 128 structures in the
Special Flood Hazard Area (SFHA). SFHA
are mainly in FEMA designated zone A, AE,
and AH. Of the total structures in the SFHA,
98 percent are single-family (1-4 units), and
two (2) percent are commercial or non-
residential. The city has six (6) creeks:
Calabazas, Rodeo, Saratoga, Wildcat,
Vasona, and San Tomas. In general, flooding
from these creeks has been confined to the
relatively narrow flood plain directly adjacent
to the creeks.
Repetitive Loss Properties There are no
repetitive loss properties within the city.
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City of Saratoga Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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City of Sunnyvale
The City of Sunnyvale is one of the major cities that make up the Silicon Valley located in the San
Francisco Bay Area. It is the second-highest populated city within Santa Clara County, with a
population of 152,703. Sunnyvale is bordered by portions of San José to the north, Moffett Federal
Airfield to the northwest, Mountain View to the west, Los Altos to the southwest, Cupertino to the
south, and Santa Clara to the east.
The city’s land area is approximately 22.87 square miles. Of this, 15.47 square miles are considered
developable, as follows: 0.3 percent vacant, 54.7 percent residential, 22.4 percent office/industrial,
6.2 percent retail/service, 7.4 percent parks/open space, and 6.2 percent other uses.
Flood Hazard Under the current FIRMS,
Sunnyvale has 1,270 parcels that lie within a
Special Flood Hazard Area (SFHA). SFHA’s
in Sunnyvale are: Zones A, and V.
Approximately 20 percent, or 254 parcels, are
zoned for non-residential use. The remaining
parcels within the SFHA are primarily single-
family (1-4 units) residential (997 parcels),
with only 19 parcels being multi-family
residential (5+ units).
Areas subject to flooding in Sunnyvale are, in
general, the northern portion of the city,
selected areas flanking the East and West
Channels, Calabazas Creek, El Camino Real,
and US Highway 101. Both the East and
West Channels and Calabazas Creek flow
directly into the San Francisco Bay, which
abuts the northerly boundary of the city.
Repetitive Loss There are no repetitive loss
properties within the City of Sunnyvale.
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City of Sunnyvale Flood Insurance Data (as of 11/02/20)
Insurance by Occupancy
Insurance by Zone
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V. TARGET AUDIENCES
The PPI Committee identified several key audiences that can be divided into categories:
1) those who are at risk of flood impacts; and 2) those who are a conduit to those who are
at risk of flood impacts or “messengers to other target audiences.”
Priority Audiences and Areas:
1. Community at Large
The PPI Committee recognized that the entire community that lives and/or works
in Santa Clara County is subject to impacts due to flooding. CRS typically
focuses on residential flooding; however, in the San Francisco Bay Area, flooding
of businesses and roads is also significant.
Within the community-at-large, there are several sub-communities:
Multi-lingual Communities: Within the community-at-large, there are non-English
language speakers and non-US citizens. More than 112 languages are spoken
in the Bay Area; however, the top three non-English languages are Spanish,
Vietnamese, and Mandarin Chinese.
Groups with Special Evacuation Needs: Within the community-at-large, access
and functional need individuals require special evacuation support, such as
seniors and fixed or low-income residents. These groups are of great concern
during a flooding event and would need additional time, resources, and logistics
to support them.
New Residents, Visitors, and Tourists: Within the community-at-large, there are
residents, visitors, and tourists who are new to the area or visiting for a short
duration and may be unfamiliar with the hazards specific to this region. They
may be unaware of flood risks, the resources available to them, and where to
locate them. Additionally, new residents are less likely to be aware of sandbag
locations and how to flood-proof a structure.
2. Special Flood Hazard Area (SFHA) Communities
The PPI Committee identified several geographic areas that are particularly
prone to flooding. This includes areas of Mountain View and Milpitas that are
prone to shallow flooding; areas of Mountain View and Palo Alto that are prone to
riverine flooding, especially north of Highway 101; areas subject to tidal flooding;
Los Altos, near Permanente and Hale creeks; areas of Palo Alto prone to
flooding from San Francisquito Creek; flood-prone areas of San José, including
Alviso; Morgan Hill, especially the downtown area; the South County corridor
between Morgan Hill and the county line.
A map of each community SFHA can be found on each community-specific page
under Section IV: Communities’ Flood Hazard Areas.
Residents and Businesses in the Special Flood Hazard Area (SFHA): The offices
of the largest employers of Silicon Valley form a ring around the edge of the San
Francisco Bay, located in areas that flood. Consequently, thousands of people
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work in the zone subject to tidal flooding, driving into and out of the tidal zone
every day on their way to and from work. Street flooding can impact workers’
commutes. Major thoroughfares can be blocked by flooding, impeding access to
residents, schools, hospitals, and workplaces.
Those at risk of flood impacts include property owners, renters, and workers. For
people who work in the tidal zone, family emergency plans are critical.
Individuals should have flood-safe routes identified to get safely out of the tidal
flooding zone. For residents who live in the
FEMA-designated SFHA, the emergency plan ensures individuals and families
are prepared for a flood event.
Additionally, it is important for our communities to protect their property by
purchasing flood insurance for home and business locations. Most homeowner
insurance policies do not cover damage from natural disasters, such as flooding.
Therefore, advising residents to purchase flood insurance to cover the contents
in their homes is a critical message for this community.
Within the SFHA, there are several sub-communities:
Low Lying Areas, Along Rivers and Creeks: Within the SFHA, there are low-lying
areas along rivers and creeks at risk for flooding.
Coastal Communities at Risk for Sea Level Rise/Tsunamis: Within the SFHA,
there are coastal communities at risk for sea-level rise and tsunamis. These
areas are identified through the base flood elevation. The bayfront cities in Santa
Clara County with areas subject to fluvial and tidal flooding are Palo Alto,
Mountain View, Sunnyvale, Santa Clara, San José, and Milpitas.
Repetitive Loss (RL) Areas: Within the SFHA, there are a few repetitive loss
areas located in the County of Santa Clara and the cities of Morgan Hill, Palo
Alto and San José. Additional information on these areas can be found on each
community-specific page under Section IV: Communities’ Flood Hazard Areas.
3. Messengers to Other Target Audiences (Organizations and Businesses
Serving the Community)
Lenders, real estate agencies or boards, developers/contractors, and appraisers
all serve as a messenger to people who are at risk of flooding as they provide
their respective business service. In addition, organizations or agencies that
serve at-risk communities include PG&E, American Red Cross, Emergency
Assistance Network (EAN), Community Emergency Response Teams (CERT),
neighborhood associations, schools, churches, hospitals, and social services
agencies. These messenger organizations and businesses function as another
target audience for the PPI.
As government agencies work to reduce flood risk, they need to provide these
messengers with the best information available and tailor the message to the
County of Santa Clara’s needs. In other words, the PPI needs to include training
that convey the information that the messengers will need. This will be
implemented by presentations to groups, website postings and newsletter
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articles. While all the messages need to be conveyed to messengers from time
to time, some messages are more pertinent than others. For instance, lenders
need a detailed understanding of flood insurance, but neighborhood associations
would be more interested in how to protect people and property from a flood.
All these audiences can be reached through a combination of messages from
Valley Water, the cities, the county, and the American Red Cross.
VI. OTHER PUBLIC INFORMATION EFFORTS
To develop an effective PPI, the committee inventoried a broad sample of current
initiatives, programs, and training that focus on raising the community’s awareness of
local flood hazards and encouraging them to take action that will reduce risks (see
Table 2).
Outside activity by agencies and organizations in Santa Clara County relating to flood
protection generally falls into one of four categories: 1) training and courses;
2) community-based engagement events; 3) traditional and social media messaging,
and 4) mailers. Many community events feature at least one agency providing
information on disaster preparedness and safety. The information in all four categories
is usually provided on websites as well, so it is readily available.
Additionally, phone and tablet apps have become particularly popular. The American
Red Cross has developed a series of free apps related to disaster awareness such as
flood protection, first aid, earthquake, and fire. The content of this messaging usually
covers general hazard awareness and safety, with an increasing emphasis on
preparedness, planning, and mitigation; however, the information can be applied to flood
preparedness and safety.
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Table 2: Other Public Information Efforts
Agency/Organization Project/Effort Message
American Red Cross
Silicon Valley Chapter
• Training: Personal preparedness, organizational
preparedness. Audience: Adults, Seniors,
Youth/Kids.
• Community events: Regularly staff booths at
community events and company health fairs to
provide information about American Red Cross
services and preparedness.
• Social media messaging: Facebook, Twitter posts
with updates on current disaster responses,
seasonal tips on safety, preparedness.
• Website: Downloadable materials.
• Other: Smart device apps.
General
hazard/disaster
awareness, safety,
and preparedness.
The importance of
preparing a family
emergency plan.
Collaborating Agencies
Disaster Relief Effort
(CADRE)
• Training: Monthly meetings, workshops, annual
conference, which include training sessions.
• Social media messaging.
• Website: http://www.cadresv.org.
• Other: Newsletter.
Target CBOs, FBOs
and nonprofit service
providers.
Organization disaster
readiness and
resiliency.
Catholic Charities of
Santa Clara County
• Training: Disaster preparedness workshops. Disaster readiness
and preparedness.
Community
Emergency Response
Training (CERT)
• Training: Personal preparedness. Disaster readiness
and preparedness.
Department of Water
Resources
• Training: Flood manager trainings, workshops,
California Flood Preparedness prep meetings
(Aug-Oct).
• Community events: California Flood
Preparedness Week (CFPW) every October.
• Social media messaging: Social media toolkits for
CFPW, social media messaging.
• Website: Downloadable materials, toolkits, tips on
flood safety: https://water.ca.gov/What-We-
Do/Flood-Preparedness.
• Other: YouTube channel.
Flood preparedness
and safety
messaging.
Federal Emergency
Management Agency
(FEMA)
• Training: Online trainings.
• Community events: Community events in
partnership with local city/county.
• Social media messaging: Facebook, Twitter,
social media toolkits, smart device app: FEMA
app.
• Website: https://www.Ready.gov/floods.
• Other: Youth education materials, YouTube
channel.
Disaster readiness
and preparedness.
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NOAA • Training: Online webinars.
• Social media messaging: Facebook, Twitter, Smart
device app: NOAA Weather Radio.
• Website: Downloadable materials:
https://www.weather.gov/safety/flood.
• Other: Youth education materials, YouTube channel.
Flood preparedness
and safety messaging.
Pacific Gas & Electric
(PG&E)
• Other: Utility bill inserts, radio safety ads. Safety tips related to
winter storms.
Santa Clara County
Department of Public
Health
• Website: Downloadable materials:
https://www.sccgov.org/sites/phd/hi/phep/Pages/prep-
home.aspx.
Disaster readiness
and preparedness.
Santa Clara County
Office of Emergency
Management
• Website: Downloadable materials:
https://emergencymanagement.sccgov.org/home.
• Other: Smart device app: ReadySCC.
Disaster readiness
and preparedness.
San José Fire
Department (Office of
Emergency Services)
• Training: Personal preparedness. Disaster readiness
and preparedness.
Silicon Valley
Independent Living
Center (SVILC)
• Training: Personal preparedness.
Disaster readiness
and preparedness.
US Army Corps of
Engineers
• Training: Online webinars.
• Website: Downloadable materials:
https://www.usace.army.mil/.
• Other: Youth education materials, YouTube channel.
Flood preparedness
and safety messaging.
Valley Water • Training: Virtual Flood Preparedness workshop,
covering FEMA SFHA maps, stream gauges tools,
community flooding hot spot awareness, flood
insurance options, communication plans, emergency
kits, and alerts and tips for avoiding floodwaters.
• Community events: Flood awareness materials
distributed at community fairs and events.
• Social media messaging: Extensive multilingual flood
awareness campaign with multilingual flood
awareness videos and posts on Facebook,
Instagram, Twitter, Nextdoor and YouTube, TV, radio,
Pandora, print and digital newspapers, as well as
email newsletter.
• Website: Flood awareness blogs, videos, links, and
preparedness resources available at
http://www.valleywater.org/floodready.
• Other: Mailers – Multi-lingual mailer with flood
preparedness tips and resources distributed to
52,000 homes and 15 cities every winter.
Flood preparedness
and safety messaging.
VII. COMMUNICATION STRATEGY, PROJECTS, AND INITIATIVES
The focus of the Multi-Jurisdictional PPI (5-Year Plan) is to encourage flood
preparedness best practices for the following key audiences:
• The community-at-large;
• Special Flood Hazard Area (SFHA) communities; and
• Messengers to other target audiences.
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The committee selected nine (9) topics with messages for each topic that need to be
disseminated to the various audiences. The first six (6) are the same as the six (6) priority
messages for the CRS program and included several public messages to select from. Three (3)
additional topics were added by the committee and include one (1) priority message each (see
Table 3).
Table 3: CRS Priority Messages
Topic
Number Topic message Public Message
(select one message per topic)
TOPIC #1 Know your flood hazard
• Know your flood risk
• Contact your floodplain manager to find out if
your property is in a floodplain
• Check if your home or business is in a
Special Flood Hazard Area
TOPIC #2 Insure your property for your
flood hazard
• Get flood insurance ahead of time
• Insure your property
• There is a 30-day waiting period for the
policy to take place
TOPIC #3 Protect people from the flood
hazard
• Put your 3-day emergency kit together
• Follow evacuation orders
• Learn the best route to high ground
TOPIC #4 Protect your property from the
flood hazard
• Protect your home from flood threats
• Prepare your home
• Sandbags can offer protection against a foot
or less of floodwater
• Get sandbags before a flood
TOPIC #5 Build responsibly
• Build responsibly in floodplains
• Comply with development requirements
• Check with your city/county floodplain
manager before you build
TOPIC #6 Protect natural floodplain
functions
• Keep creeks clean and flowing
• Keep debris and trash out of our streams
• Don’t pollute, dump, or drain anything in
creeks
Additional Outreach Topic Messages
(only one message per topic)
TOPIC #7 Develop an emergency plan • Develop an emergency plan
TOPIC #8 Download disaster apps • Download disaster emergency apps
TOPIC #9
Understand shallow flooding
risks––don’t drive through
standing water
• Understand shallow flooding risks - don’t
drive through standing water
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Flood Response Preparation Projects:
City of Santa Clara’s Flood Response Program (FRP) provides a road map for city staff in
various departments to quickly distribute prescribed messages through several social media
outlets before, during, and after a storm event. These messages serve to remind residents to
prepare for an impending storm by cleaning up fallen leaves, picking up sandbags from the city,
and preparing emergency kits for their household. During a storm or flood event, these
messages inform residents how to stay safe. After a storm or a flood, these messages relay
essential safety information and provide resources for reporting issues to the city or appropriate
agencies.
1. Before a storm/flood: The City of Santa Clara’s Office of Emergency Service
notifies all departments whether localized or area-wide flooding is anticipated.
The fire Department, Police Department, and the Department of Public Works
post their pre-approved messages and informs the City Manager’s Office.
2. During a storm/flood: The City of Santa Clara’s Manager’s Office and the Office
of Emergency Services authorize public outreach activities during a flood event
when the Emergency Operations Center (EOC) is activated. Specifically, for
storms, each department posts its pre-approved message that applies to the
current situation. In this situation, the City Manager’s Office does not need to
give authorization, but they must be informed.
3. After a flood: The City of Santa Clara’s Manager’s Office and Office of
Emergency Services authorize public outreach activities following a flood event.
Additionally, many of our communities are developing their Flood Response Programs (FRP)
message plan. One idea was to develop a regionwide FRP messaging plan (listed as ‘Other
New Initiatives’ Item No. 9), which would encompass all the participating communities.
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Table 4: Flood Response Preparation Priority Messages:
Topic Message Public Message
(can select multiple messages per topic)
Messaging Before A Flood
TOPIC #1: Know
your flood hazard
• Your floodplain manager can provide you with flood insurance
information and may have a FEMA Elevation Certificate for your
property on file.
TOPIC #4: Protect
your property from
the flood hazard
• Prepare your house for the storm by gathering building materials like
plywood, plastic sheeting, and sandbags.
• Follow the sandbag guide to construct barriers to stop floodwater from
entering your home.
• To further protect your home from localized flooding, make sure to
keep the gutter in front of your house clean.
TOPIC #6: Protect
natural floodplain
functions
• If you see a storm drain clogged/flooded or tree branches down,
please call (number).
• Place fallen leaves into your clean green container instead of blowing
them onto the street and pick-up litter that can clog up storm drains.
TOPIC #7: Develop
an emergency plan
• Make a family emergency plan and emergency kit for your home and
car.
• Sign up for AlertSCC.
Messaging During A Flood
TOPIC #2: Insure
your property for your
flood hazard
• Collect your valuable documents, such as property insurance.
• If you need to evacuate, take your property insurance documents and
their contact number with you.
TOPIC #3: Protect
people from the flood
hazard
• If advised to evacuate, do so immediately.
• Turn off utilities at the main switches or valves.
• Disconnect electrical appliances.
• Do not touch electrical equipment if you are wet or standing in water.
• Check city/county website for the most up-to-date information on street
closure, current situation, available shelter, and press releases.
• Tune to radio stations KCBS (740 AM), KGO (810 AM), and KLIV
(1590 AM) for emergency information.
TOPIC #9:
Understand shallow
flooding risks––Don’t
drive through
standing water
• Avoid fast-moving water.
• “Turn Around Don’t Drown.”
• For puddles, let off the gas, keep the steering wheel straight, and don't
slam on the brakes.
• Do not drive into flooded areas.
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Messaging After A Flood
TOPIC #3: Protect
people from the flood
hazard
• Do not walk in floodwater.
• Stay away from a downed power line and report them to Silicon Valley
Power’s 24-hour hotline at 408-615-5640.
• Return home only when authorities indicate it is safe.
• Don't attempt to re-enter your home before then, or you may be at risk
of the building collapsing.
• Check the city/county website for the most up-to-date information.
• Check the city/county website for the most up-to-date information on
street closure, current situation, available shelter, and press releases.
• Listen for news reports on whether the community's water supply is
safe to drink. Check on the city/county website or contact City Water
Utility Department at (number) to confirm.
TOPIC #5: Build
responsibly
• Get a permit for flood damage repairs to avoid future damages. The
city/county has a permit process to help you get back into your house.
TOPIC #6: Protect
natural floodplain
functions
• If you see a storm drain clogged/flooded or tree branches down,
please call (number).
Outreach Projects:
Numerous outreach projects have been carried out over the past several years. Since they
match the key audiences and are an effective means to disseminate the nine (9) topic
messages, they will continue. Each outreach project includes one or more of the key messages.
These projects are also reflected in Appendix A: CRS Creditable Outreach and Flood Response
Projects by Community and Appendix B: Additional CRS Outreach Projects by Community
(Non-Creditable Activities for Activity 330).
1. Outreach and Flood Response Projects by CRS Community
a. County of Santa Clara: The County of Santa Clara’s website includes a
Santa Clara County “Storm and Flood Information and Resources”
webpage available for all residents in the county:
https://www.sccgov.org/sites/opa/Pages/storm.aspx. The storm and flood
information page redirects residents to Valley Water’s Flood Ready
webpage, National Weather Service, American Red Cross, and
www.floodsmart.gov, as useful resources.
The County has a Consumer Protection Division’s website that also
includes a “Flood Safety Information” webpage. The site redirects
residents to Valley Water’s Access Valley Water customer portal for
reporting debris in creeks and flood-ready webpage and www.Ready.gov.
Additionally, there are multi-language ‘Flood Safety Information’
documents for resident’s use and other resourceful links:
https://cpd.sccgov.org/flood-safety-information.
Every fall, the County sends annual letters to the properties in the
unincorporated section of the county’s mapped repetitive loss areas, as
required by FEMA and is a prerequisite for a CRS Class 9.
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As needed, the County’s Office of Emergency Management shares Valley
Water’s digital social media resource links during the flood season. The
“Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages
redirect to Valley Water’s website and all messages are available in
English, Spanish, Chinese, and Vietnamese. Messages are used on
social media, short-form newsletter, short-form email, web, and Nextdoor.
The County’s Office of Emergency Management’s website has a “Be a
Prepared Community Member” webpage that includes emergency
preparedness information including, signing up for AlertSCC, making an
emergency plan, downloading the ReadySCC App, building an
emergency supply kit, packing a go-bag, checking on neighbors, “Do One
Thing,” 12-month preparedness calendar, and get CERT trained.
https://emergencymanagement.sccgov.org/be-prepared-community-
member.
The County’s Office of Emergency Management’s website has a “People
with Access and Functional Needs (AFN)” webpage that provides
resources to help enhance independence and readiness through
emergency preparedness:
https://emergencymanagement.sccgov.org/people-access-and-functional-
needs-afn.
b. City of Cupertino: The City of Cupertino publishes annual flood notice in
the local newsletter (The Cupertino Scene, a community-wide newsletter)
that highlights nine (9) priority topics and is mailed to all residential and
commercial properties within Cupertino’s jurisdiction. These notices
provide information on flood risks and flood safety and inform property
owners on ways to protect themselves and their property. The notice is
typically published before or at the beginning of the rainy season (October
or November issue).
Although there are no longer any repetitive loss properties within the city,
the City of Cupertino continues to send annual letters to these properties,
highlighting five (5) of the nine (9) priority topics. The letter is typically
mailed mid-year.
In addition, Valley Water conducts several general and informational
outreach projects that distribute materials countywide, highlighting the
nine (9) priority topics that Cupertino can take credit for. Some of these
outreach materials include their latest Flood Ready campaign brochures
and flood kits, FEMA flood-related materials, which have also been
distributed at various Cupertino events/facilities.
The City of Cupertino recognizes the robust social media campaign led by
Valley Water and has linked the city’s main flood preparation webpage,
‘Citizens Preparedness’ to Valley Water’s Flood Ready webpage.
The City’s Office of Emergency Services also hosts a “Citizen
Preparedness” webpage that includes emergency preparedness
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information for different types of disaster such as floods. The webpage
also includes re-directing to Valley Water’s Flood Ready webpage.
https://www.cupertino.org/residents/community-services-
programs/emergency-services/citizen-preparedness.
Cupertino’s Public Works Department and Community Development
Department’s Building Division also work closely together to provide
Flood Protection Assistance, Property Protection Advice, site visits, and
general flood protection assistance to interested community members.
Advice and assistance are provided one-on-one, either over the phone,
face-to-face at the public counter or through comments related to
development review. Site visits, if requested, are also conducted, and
scheduled directly with qualified city staff.
The city participates in yearly clean-up events: the annual National River
Clean-up Day (each May) and Coastal Clean-up Day (each September)
and coordinates volunteers. Staff coordinate with Valley Water on both
these clean-up efforts. The city also participates in Valley Water’s Adopt-
a-Creek Program.
On a project-specific basis, the city provides homeowners and business
owners of active construction sites a Winter Preparedness notification
that informs them that during the winter season, they need to winterize
their project(s) site. Certain soil disturbance activities are not allowed
during the rainy season.
c. City of Gilroy: The City of Gilroy recognizes Valley Water’s Flood
Awareness Campaign and has linked the city’s main flood webpage to
Valley Water’s Flood Ready webpage. In addition, all the residents in the
FEMA designated SFHA receive Valley Water’s annual floodplain mailer.
This mailer in kept in a static location at City Hall for residents to pick-up
and is also distributed at various events throughout the year.
Gilroy participates in two fair/events. The Gilroy Garlic Festival, held
typically at the end of July and the city’s Public Works Week Community
Open House, held typically in May. Both support promoting PPI topic
messages – distributes flood preparedness materials.
d. City of Los Altos: Annually, the City of Los Altos sends a letter, along
with a “Are You Prepared for a Flood in Your Neighborhood?” brochure,
each fall to property owners in the SFHA to inform them their property is
within the SFHA, flood risk reduction information, requirements for
development standards within the SFHA, availability of flood insurance,
and where additional information can be found. The mailer contains
information on the following topic messages:
• What to do before, during, and after
• Recognize the natural and beneficial functions of floodplains
• History of flooding in Los Altos
• Determine if your property is located in an area subject to flooding
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• Purchase flood insurance
• Maintain drainage channels and pipes free of obstruction and debris
• Protect your property from flood damage
• Know floodplain development standards
• Comply with development requirements
• Plan for emergencies – Prepare a family disaster plan, make an
emergency kit, sign-up for AlertSCC.
Also, in the fall, each year, two (2) newspapers ads are published in the
‘Los Altos Town Crier,’ which contain similar information as the “Are You
Prepared for a Flood in Your Neighborhood?” brochure including flood
insurance information.
e. Town of Los Altos Hills: The Town of Los Altos Hills hosts a “Flood
Information” webpage on the town’s website. This webpage includes
information on the PPI nine topics, including a supporting message. The
webpage redirects to the following key resource websites:
www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov,
and www.weather.gov.
The town recognizes Valley Water’s Flood Awareness Campaign and has
linked the town’s main flood webpage to Valley Water’s Flood Ready
webpage. In addition, all residents in the FEMA designated SFHA
receiving Valley Water’s annual floodplain mailer; the mailer in kept at a
static location in the town hall for residents to pick-up.
The town’s “Our Town” quarterly newsletter (fall issue) includes
information on flood preparedness. The newsletter is mailed out town-
wide and is also available online on the town’s website.
The town participates in annual clean-up events: National River Clean-up
Day (each May) and Coastal Clean-up Day (each September) and
coordinates volunteers. They coordinate with Valley Water on both these
clean-up efforts. The city also participates in Valley Water’s
Adopt-a-Creek Program.
Annually, the town hosts two events - Earth Day (held in the spring) and
the Town Picnic (held late summer). The town distributes various flood
preparedness and safety materials at these events, including Valley
Water’s annual floodplain mailer and promotional item (e.g., emergency
starter kits, Get Flood Ready Emergency Supply Checklist tote bags,
etc.). Additionally, Valley Water hosts a table at the Town Picnic event
and distributes various flood readiness materials and information (i.e.
FEMA flood insurance information, ReadySCC, and American Red Cross
Flood apps, AlertSCC, sandbag guidelines, flood protection project-
specific notices, FEMA NFIP materials, and preparedness
activity/coloring books, etc.) to the public.
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f. Town of Los Gatos: The Town of Los Gatos’ website encourages
residents and businesses to purchase flood insurance and redirects
visitors to www.floodsmart.gov.
The town recognizes Valley Water’s Flood Awareness Campaign and has
linked the town’s main flood webpage to Valley Water’s Flood Ready
webpage. In addition, all residents in the FEMA designated SFHA
receiving Valley Water’s annual floodplain mailer; the mailer in kept at a
static location in the town hall for residents to pick-up.
g. City of Milpitas: Annually, the City of Milpitas mails out a brochure,
“Flood Public Advisory” during the months of December or January to
residents and businesses within SFHA and the community at large. The
brochure promotes flood safety and flood preparedness messaging,
including purchase flood insurance, SFHA, flood warning information,
illegal dumping, ongoing flood mitigation projects, the city’s participation
in the CRS, elevation certificates, Flood Protection Assistance, permit
requirements for floodplain development, floor elevations, substantial
improvements, and substantial damage, and provides contact information
for a number of flood-related issues. The city’s “Flood Public Advisory”
brochure, along with Valley Water’s “Are You Flood Ready?” floodplain
mailers are posted in the public libraries and at City Hall.
The city offers Flood Protection Assistance, Property Protection Advice
and provides in-person flood risk consultation at the front counter.
Anyone seeking flood zoning and flood mitigation information, can talk to
a Registered Civil Engineer and/or a CFM from the Engineering
Department. This service is advertised to the whole city by the ‘Flood
Public Advisory’ that is mailed out annually between December-January.
An engineer and/or CFM will visit the project site upon request and will
provide an analysis report after the visit. A copy of any site visits and
analysis report will be kept on file with the city.
On a project-specific basis, the city provides contractors a Winter
Preparedness notification that informs them that during the winter season,
they need to winterize their project(s) site. Certain soil disturbance
activities are not allowed during the rainy season.
The city participates in annual clean-up events: National River Clean-up
Day (each May) and Coastal Clean-up Day (each September) and
coordinates volunteers. They coordinate with Valley Water on both these
clean-up efforts. The city also participates in Valley Water’s Adopt-a-
Creek Program.
Year-round, the city distributes at various events the FEMA flood-related
publications, including “Myths and Facts about the NFIP” and “Q&A NFIP
Handbook” and the front counter area in a brochure rack.
The city’s’ website has a “Flood Information” webpage contains
information on several of the PPI message topics; the webpage also
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redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov,
www.Ready.gov, and USGS webpages.
h. City of Morgan Hill: Annually, the City of Morgan Hill sends a citywide
“Flood Report” close to or during the start of the rainy season. The report
is for residents and businesses to understand the flood hazards in the
City of Morgan Hill, to learn what they can do to protect themselves
before the next rainy season and to find out about recent and planned
improvements being made in the city. The Flood Report varies on PPI
priority messages including:
• Know Your Flood Risk
- Flood Insurance Rate Maps (FIRMS)
- FEMA Flood Map Service Center (redirects to
www.msc.fema.gov)
- City contact information for flood map requests, flood
protection assistance, and other flood-related inquiries
- Major Creeks: Llagas, West Little Llagas, Edmundson,
Foothill, Paradise, Tennant, Coyote, Maple, and Corralitos
Creeks
• Build Responsibly - Morgan Hill Municipal Code Chapter 15.80
• SFHA
• Recent and Planned Improvements
• Keep Debris and Trash Out of Streams – It’s illegal to dump into
our creeks; Do Not Dump
• Insure Your Property (redirects to www.floodsmart.gov)
• Be Prepared Before a Flood
- Protect Your Property
• Elevation Certificates
• Be Prepared During a Flood
- Register for AlertSCC
- Follow evacuation orders
- Stayed tuned (radio or TV) for possible warnings
- Avoid floodwaters – “Turn Around Don’t Drown”
• 6” of moving water can knock you off your feet
• A car can be carried away by just 2′ of water
• Develop a Family Emergency Plan
- Create a communications plan
- Assemble an emergency kit
- Keep a minimum 3-day supply of non-perishable food and
bottled water
• Download Disaster and Emergency Apps
- ReadySCC
- Red Cross Flood App
• Redirects to www.ValleyWater.org/FloodReady
From year-to-year, the Flood Report can also include additional
messaging based on the current outreach efforts and publicity
requirements on city’s CRS activities.
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The city’s website has a “Flood Information” webpage that contains the
city’s flooding information, which redirects to their Floodplain
Management page and includes a link to the city’s annual “Flood Report.”
The webpage redirects to Valley Water’s Flood Ready webpage and also
contains FEMA flood information.
Each summer, the city sends an annual notice to Repetitive Loss (RL)
areas as required by FEMA and is a prerequisite for a CRS Class 9.
i. City of Mountain View: The City of Mountain View sends information on
flood risk, flood safety, and the importance of buying flood insurance in
the Winter version of the city’s newsletter called, “The View.” The city
publishes this newsletter bi-annually and is sent to all postal addresses in
the City of Mountain View (over 17,000 addresses). The Fall edition of the
newsletter includes a “Are You Flood Prepared?” section that provides a
wealth of informs the public of flood risks including the nine priority flood
messages including: know your flood risk, contact your floodplain
manager to find out if your property is in a floodplain, how to insure your
property, protect people from the flood hazard by creating a 3-day
emergency kite, protect your property with city provided sandbags, build
responsibly, protect the natural floodplain by keeping debris and trash out
of our streams, develop an emergency plan, download the emergency
apps and ‘Turn around don’t drown’ messaging. The city’s “Flood
Protection and Insurance Information” webpage also provides information
on many of these same topics and also redirects to Valley Water’s
webpage and www.floodsmart.gov.
Each year, all residents and businesses see these nine priority flood
messages again as an insert in their utility bill that arrives between July-
September.
The city participates in the Mountain View Art & Wine Festival (each
September) and Thursday Night Live (months of June and July) and
distributes Valley Water’s annual floodplain mailer and the promotional
item (e.g., emergency starter kits, Get Flood Ready Emergency Supply
Checklist tote bags, etc.). Valley Water also hosts a table at the Mountain
View Art & Wine Festival and distributes various flood readiness materials
and information (i.e. Valley Water’s floodplain mailer [containing all 9 PPI
topic messages], FEMA NFIP flood insurance information, ReadySCC,
and American Red Cross flood apps, AlertSCC, sandbag guidelines, flood
protection project-specific notices, FEMA NFIP materials, and
preparedness activity/coloring books, etc.) to the public.
The City of Mountain View does a social media notification about storm
preparation for winter storms ahead of time. The notification directs
residents to their “Flood Protection and Insurance Information” webpage.
The city has also linked the city’s webpage to Valley Water’s Flood Ready
webpage.
j. City of Palo Alto: Annually, the City of Palo Alto’s “Are You Ready for
Winter Storms?’ flyer (aka utility insert) is sent to all residents and
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businesses in the city, in their utility bills in the fall. The flyer contains
information on the nine (9) PPI topic messages, including: what to do
before, during, and after a storm; prepare family emergency plans and
emergency kits; sign up for AlertSCC; bookmark cityofpaloalto.org/storms
webpage for up-to-date local storm information; stay powered safely;
understand shallow flooding – Turn Around, Don’t Drown; protect your
property – know your flood hazard area, insure your property sufficiently,
purchase flood insurance; identify flood zone designation; build
responsibly; clean out roof gutters, downspouts, landscape inlets and
swales; sandbags available/locations; report hazardous material spills
and illegal dumping; Do Not Dump; emergency information: flood warning
and creek levels; blocked storm drains, mud slides, and fallen trees; sign
up to receive text or email notifications of flood conditions; get Red Cross
flood app; become an Emergency Services Volunteers (ESV); and other
general information including non-emergency; real-time public safety
updates are posted on social media accounts on: Twitter, Nextdoor,
Facebook, etc. Information on the link to real-time creek monitor page
and San Francisquito Creek JPA early flood warning system is also
provided.
The city distributes various flood preparedness and safety documents,
including FEMA NFIP materials for public/policyholders (e.g. Valley
Water’s annual floodplain mailer, FEMA’s NFIP Why Do I Need Flood
Insurance? Your Homeowners Insurance Does Not Cover Flooding, The
Preferred Risk Policy for Homeowners and Renters, etc.). These
materials are available at the Public Works Department, the Development
Center, and are also made available via the city’s website, “Flood
Information and Winter Storm Preparedness” webpage that redirects to
‘Flood Information Documents’ from the City of Palo Alto Library Digital
Collection database. These materials are also distributed at the city’s
annual events noted below.
Annually, the city also sends out a utility announcement, “Anytime it can
rain, it can flood. Don’t get caught off-guard.” The announcement includes
a link to the city’s flood safety tips webpage at
www.cityofpaloalto.org/storms. The announcement is sent once a year
during the month of March/April. Messages included are: Valley Waters
Flood Safety Tips, purchase flood insurance, prepare a family emergency
plan, know the location of neighborhood streams and drainage channels,
learn the best route to high ground; protect natural floodplains; protect
your home and understand shallow flooding.
As required by FEMA and is a prerequisite for a CRS Class 9, the city
also sends annual letters to the properties in the city’s mapped repetitive
loss areas, highlighting flood safety tips; the letter is typically mailed in the
month of August/September.
Annually, at the beginning of the flood season (September/October), the
city sends out letters to real estate agencies informing them of their
responsibility to identify flood hazard areas and to take advantage of the
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Flood Zone Lookup on the city’s website on the Floodplain Management
webpage.
The city participates in the annual clean-up events: National River Clean-
up Day (each May) and Coastal Clean-up Day (each September). They
coordinate with Valley Water on both these clean-up efforts. Additionally,
the city participates in Valley Water’s Adopt-A-Creek Program.
Trash booms are located in Matadero Creek and Adobe Creek. Annually,
booms clean-ups are done on an as-needed basis. The city also
assesses its hot spots and cleans up the local drainage system on an
ongoing basis as part of the city’s operations and maintenance.
Each April, city staff host a flood readiness table at the city’s annual Earth
Day event and at the City Municipal Corporation Open House held in July.
Flood preparedness materials are distributed to the community, including
Valley Water’s outreach promotional item (varies from year to year) and
their annual floodplain mailer, the city’s “Are You Ready for Winter
Storms?” utility insert, the Creekwise mailer/brochure, and runs a
slideshow presentation of flood preparedness and protection. Upon
request, the city also participates in other fairs and promotes flood
readiness.
k. City of San José: Annually, at the beginning of the flood season, the City
of San José sends an annual flyer to properties in repetitive loss areas
typically between September and December as required by FEMA and is
a prerequisite for a CRS Class 9. The informs property owners that their
property is in a flood-prone area. The flyer also details ways property
owners can protect themselves and their property, such as be informed
and know your flood risk, how to reduce this risk, how to protect your
people and your property, including flood insurance (redirecting to
www.floodsmart.gov), build responsibly, and to practice flood safety.
The city’s Public Works, Development Services, “Flood Hazard Zones”
webpage located here: https://www.sanjoseca.gov/your-
government/departments/public-works/development-services/floodplain-
management, includes information on the following:
- Flood Information
Public Works staff provides information regarding flood zones,
flood insurance, Special Flood Hazard Area regulations, and
maintains copies of elevation certificates. The public may also
check if their property is in the flood zone by visiting flood
hazards zone map.
- Flood Hazard Zones
The City of San José is a member of the National Flood Insurance
Program. Membership in the program allows residents of the City
of San José to obtain federally backed mortgages and disaster
assistance in the event of floods. In exchange, the city requires
new land developments and remodels of existing buildings to
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conform to rules that minimize flood damage. Public Works is
responsible for administering this program and providing flood
zone information to the citizens of San José.
- Re-directs to Valley Water’s Flood Ready webpage for more
information about watersheds and historical flooding information.
The city also has a link on its website to www.floodsmart.gov for
residents to learn more about purchasing flood insurance.
The city recognizes Valley Water’s Flood Awareness Campaign and has
linked the city’s main flood webpage to Valley Water’s Flood Ready
webpage. In addition, all the residents in the FEMA designated SFHA
receive Valley Water’s annual floodplain mailer. This mailer is kept in a
static location at City Hall for residents to pick-up and is also distributed at
various events throughout the year.
Annually, at the beginning of the flood season (September–December),
the city sends out letters to real estate and insurance agencies and
lenders, informing them of their responsibility to identify flood hazard
areas and to take advantage of the Flood Zone Lookup on the city’s
website on the “Flood Hazard Zones webpage and advises to contact the
city for map reading services and elevation certificates on file.
The city hosts an annual public safety event, ‘Building Permits and Home
Safety Open House,’ typically held in May. Valley Water staff also
participates in the city’s annual Pumpkins in the Park’ event, held in
October. At both events, there are booths/tables with
information/materials that support our PPI topic messages; flood
prevention materials are distributed.
l. City of Santa Clara: Each fall, the City of Santa Clara mails out a
citywide newsletter for residents and businesses, including all addresses
in the SFHA, called “Inside Santa Clara.” The fall issues have a “Are You
Flood Ready” page that includes all nine (9) CRS key priority messages
urging residents and business to purchase flood insurance, learn more
about flood from floodsmart.gov, find out their flood zone and flood risk
with available services from the city, prepare emergency kits and family
emergency plans, sign up for ALERT SCC (the Santa Clara County
emergency alert system), download emergency apps “ReadySCC” or the
Red Cross Emergency App, make permanent improvements to reduce
flood damages with free Flood Protection Assistance, Property Protection
Advice service from the city, build responsibly and obtain building permits
and elevation certificates in SFHA, protect properties from flood threats
with sandbags available from the city, stay safe from shallow flood and
flood water while driving or walking – Turn Around, Don’t Drown, keep
storm drain inlet and catch basins clear of debris or leaves. The citywide
newsletter also provided “How To” information on staying safe during a
flood, proper sandbag usage, reporting storm drain blockage, and
reporting illegal dumping in/near creeks to reduce flood and pollution risk.
The newsletter is mailed to all residential and business addresses in the
city. Additional copies of the newsletter are available for display and pick
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up at City Hall, and it can also be accessed online on the city’s website:
https://www.santaclaraca.gov/i-want-to/stay-informed/newsroom/city-
publications/inside-santa-clara.
City staff host a flood readiness table at the city’s annual Art & Wine
Festival held each September to display and distribute emergency
preparedness kits, Valley Water’s floodplain mailer and flood reporting
phone number magnet and provide flood zone look up service. Valley
Water also sponsors a table at the festival promoting flood preparedness
and distributes various flood readiness materials to the community.
During the storm season, the City of Santa Clara publishes social media
posts on Facebook, Twitter, and other platforms, focused on safety and
urges residents to stay vigilant while walking or driving during heavy
rains/storms; reminds them to keep storm drain inlets clear, and advises
them to report blocked storm drain inlets. The city’s Office of Emergency
Services prepared a pre-flood plan (FRP) for public information projects
that will be implemented before, during, and after a storm/flood, as well as
identifying who is responsible for posting these messages, what type of
events they apply to, what social media platforms to post to and how
often. Before a storm/flood, the messages focus on emergency kit, plan,
and app-sign-up preparation, and flood damage prevention. During a
storm/flood, the messages focus on shallow flood risk, utility safety, and
where to find accurate information on evacuation order, shelter, and road
closure. After a flood, the messages focus on keeping people safe,
reporting issues, where to find accurate information on the current status
for drinking water, utility, road closure, evacuation order and shelter, and
rebuilding and recovery.
The city’s website, “Flood Protection Information” webpage contains
valuable information on flood-related topics, such as local flood risk,
FEMA flood zones, flood insurance, and flood emergency preparedness,
among other things. Many FEMA publications containing a wealth of
flood-related information are also available for viewing in hard copy at
Santa Clara City Hall or at the City of Santa Clara Central Library:
https://www.santaclaraca.gov/our-city/departments-g-z/public-
works/engineering/flood-protection.
m. City of Saratoga: The City of Saratoga’s website encourages
residents/businesses to purchase flood insurance and redirects visitors to
www.floodsmart.gov: https://www.saratoga.ca.us/218/Winter-Storms.
The City of Saratoga does a social media notification about storm
preparation for winter storms ahead of time. The notification directs
residents to their “Staying Safe, Winter Storms” webpage. The City of
Saratoga has also linked the city’s Winter Storms webpage to Valley
Water’s Flood Ready webpage.
The City of Saratoga recognizes Valley Water’s Flood Awareness
Campaign and has linked the city’s main flood webpage to Valley Water’s
Flood Ready webpage. In addition to all residents in the FEMA
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designated SFHA receiving Valley Water’s annual floodplain mailer, the
mailer in kept static at the City Hall for residents to pick-up.
n. City of Sunnyvale: The City of Sunnyvale sends two (2) mailers and one
(1) newsletter article each October. The first mailer/postcard is targeted
to all residents and businesses within the SFHA informing them of the
requirement to purchase flood insurance and about the automatic 15%
discount. The second mailer/postcard is targeted to real estate agents
informing them of the client’s responsibility for identification and purchase
of flood insurance and the availability of the automatic 15% discount.
The City of Sunnyvale’s annual fall “Horizon” newsletter, which come out
in October, includes a “Know How to Be Flood Safe” article that promotes
flood safety and flood preparedness messaging, including purchasing
flood insurance and promotes www.floodsmart.gov, Flood Zone Lookup
information, AlertSCC, Do Not Dump, and highlights the city’s website.
Additionally, the City of Sunnyvale has permanent “Road May Flood”
street signs in areas of the city prone to flooding and promotes the “Flood
Zone Look Up” featured on the city’s website.
Furthermore, during the rainy season (October-March), the City of
Sunnyvale actively posts flood safety and preparedness messaging
through the city’s Environmental Services social media platforms (i.e.,
Facebook and Twitter).
o. Valley Water: Valley Water sends an annual multi-language floodplain
mailer countywide to all residents and businesses within the SFHA in
Santa Clara County.
The floodplain mailer is an extensive mailer that includes language on all
the nine (9) PPI priority messages, such as contact numbers for mapping
services for each of the communities and flood response messaging on
what to do before, during, and after a flood. The mailer is sent out each
year between November/December to remind residents and businesses
in the SFHA of the upcoming rainy season and urges them to prepare
beforehand and to purchase flood insurance. An electronic version of the
mailer is also available on Valley Water’s website on the flood
preparedness page at www.valleywater.org. It should be noted that this
is not necessarily a mailer to every creek side owner. Many properties
are adjacent to creeks but not in the SFHA and would not receive this
mailer.
Hard copies of the floodplain mailer are provided to all the cities/county
for their use to disseminate at various events (i.e. emergency
preparedness fairs, festivals, public meetings, etc.), including keeping the
mailer static in lobby areas for visitors to pick-up. Electronic copies are
also provided to the CRS communities to post on their websites.
Additionally, Valley Water includes flooding messages in an annual multi-
language countywide mailer sent to every postal address in the county in
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late October/early November. This is a general mailer whose topics
cover the full range of services Valley Water carries out; therefore, topics
vary from year to year, but a minimum of six (6) topics are included. The
importance of buying flood insurance is always mentioned and the 30-day
waiting period for an NFIP policy to go into effect.
Every CRS community submits the floodplain and countywide mailers for
CRS credit. Annually, Valley Water also distributes and provides each
community with a flood promotional item to giveaway to the public at
community events.
During the year, Valley Water participates in booth duty support at various
events and fairs throughout the county, including Valley Water Capital
project meetings, or other events, as requested by various organizations.
A number of communities pursue Outreach Project (OP) credit under
Activity 300 for this activity. Valley Water distributes flood preparedness
and awareness outreach materials (e.g., annual floodplain and
countywide mailers, FEMA NFIP materials, USACOE Disaster
preparedness coloring book, etc.) to the public at various events/fairs
throughout the county encouraging the public to “Get Flood Ready.”
Valley Water maintains public outreach materials for use before, during
and after a flood and safety messaging. The distributed materials cover
all of the nine (9) key CRS messages: sandbag guideline and flood
protection project(s) information; downloading flood/emergency apps;
information to encourage creating a family emergency plan; encourage
homeowners, business owners, and renters to purchase of flood
insurance ahead of time; prepare emergency kits; to know your flood risk;
protecting people and property from flood threats; keeping creeks clean
and flowing; avoid floodwaters, and to build responsibly in floodplains.
The materials that are distributed include several FEMA publications and
Valley Water flood preparedness promotional items which can vary from
year to year.
Annually, Valley Water Office of Government Relations participates in the
below community events during the flood season (from September-May.
Note: The below list of events is subject to be amended.):
Table 5: Community Events During the Flood Season
Month Event
September - Santos Car Show (Alviso/San José)
- Mountain View Chamber of Commerce Art & Wine Festival (Mountain View)
- Cupertino Chamber of Commerce Silicon Valley Fall Festival (Cupertino)
- Morgan Hill Chamber of Commerce Taste of Morgan Hill (Morgan Hill)
October - Day on the Bay Multicultural Festival (hosted by Santa Clara County)
- Day in the Park (hosted by the City of San José, District 8)
- Pumpkins in the Park (hosted by Guadalupe River Park Conservancy, San
José)
- Diwali Festival of Lights (hosted by Cupertino Chamber of Commerce)
- Hispanic Chamber of Commerce of Silicon Valley Festiv’ALL (sponsored by
Valley Water and City of San José)
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November - Annual American Indian Heritage Celebration (hosted by ConXion to
Community, San José)
December - Santa Visits Alviso (San José)
January - South Valley Science Fair (hosted by South Valley Science and Engineering
fair, Morgan Hill)
- San José Women’s March (hosted by Women’s March Bay Area, San José)
February - Valley Medical Center’s Women’s Leadership Policy Summit (hosted by Valley
Medical Center Foundation, Saratoga)
March - Silicon Valley Leadership Group Regional Economic Forum (hosted by Silicon
Valley Leadership Group, Campbell)
- Tech Challenge (hosted by The Tech Interactive, San José)
- Morgan Hill Wildflower Run (hosted by American Association of University
Women, Morgan Hill)
April - City of Palo Alto Great Race for Saving Water (hosted by City of Palo Alto)
May - Berryessa Annual Art & Wine Festival (hosted by Berryessa Business
Association & Bay Area Community Services, San José)
- Campbell Chamber of Commerce Boogie on the Avenue (hosted by Campbell
Chamber of Commerce, Campbell)
- Mushroom Mardi Gras (hosted by Morgan Hill Mushroom Mardi Gras Inc.,
Morgan Hill)
Additionally, throughout the year, there are other countywide events that
Valley Water participates in by hosting a table and distributing flood
preparedness materials.
Valley Water’s “Let’s Talk Water” Speakers Bureau Program provides
general presentations to various groups, including Homeowners
Associations. The presentations talk about where your water comes
from, reviews the history of Valley Water and how we operate. Presenters
also discuss our water supply sources for our county, water quality, flood
protection, including flood awareness/preparedness, and our creeks and
ecosystems. Information is shared on the topic of flood protection
includes, a brief description of the CRS program, how to find your flood
risk, make your 3-day emergency kit, the importance of purchasing flood
insurance, and Valley Water’s ongoing flood protection projects:
https://www.valleywater.org/learning-center/lets-talk-water-speakers-
bureau.
Annually, Valley Water distributes a soft copy of our ‘Flood Safety Tips’
brochure for all SCC CRS communities’ use (print hard copies to
distribute at events and/or post of flood preparedness webpages. This
brochure covers all nine (9) key priority topics and is also made available
on Valley Water’s Flood Ready website.
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2. Valley Water’s Annual Flood Awareness Media Campaign
Annually, Valley Water conducts a flood awareness media campaign, reaching
the community at large, including our multi-lingual community, groups with
special evacuation needs, new residents, visitors, and tourists. The campaign
runs the duration of the rainy season, typically from November to April, and
features social media videos and postings on various platforms (i.e., Facebook,
Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio
ads, billboards, utility bill inserts for communities to use, communities re-direct to
Valley Water’s flood ready website, and television/mobile ads targeting residents
who live in flood-prone areas and multilingual ethnic communities.
As part of Valley Water’s annual flood awareness campaign, an annual floodplain
mailer is sent to all addresses in the County of Santa Clara’s FEMA designated
SFHA (see Section 1. Outreach and Flood Response Projects by CRS
Community, Item o. Valley Water).
Additionally, as needed, Valley Water conducts an outreach campaign targeted
to “hot spot” areas (i.e., locations Valley Water has identified as prone to
flooding) by engaging in additional outreach with the public, as needed and/or
requested. This outreach may include a live or virtual event where residents in
hot spot areas receive additional info on how to prepare for a flood event and will
include a Board member promoting for residents to purchase flood insurance.
An annual ‘Winter Preparedness Emergency Resources Guide’ (postcard/flyer) is
mailed to residents and/or businesses who live or are located within hot spot
locations. The guide includes the following CRS messages:
- ‘Know Your Risk’ by visiting www.msc.fema.gov to see your
location on a FEMA SFHA map;
- ‘Prepare Your Home’ by downloading emergency apps and
monitoring stream levels and finding sandbags locations; and
- ‘Get Insured’ by visiting www.floodsmart.gov to find an agent in
your areas.
- What to do Before, During, and After a Flood.
As part of the flood awareness campaign, a ’Get Flood Ready, Social Media and
Web Resources Guide’ is provided to each of the communities for their use as
part of their outreach efforts.
3. Do Not Dump Program
a. Storm Drain Stenciling/Medallion – For more than 20 years, the County of
Santa Clara has a program to locate and label all storm drain inlets “Do
Not Dump” stencils at storm drains. This program, which helps prevent
shallow flooding continues. Several Santa Clara County cities/county and
Valley Water participate in the Storm Drain Stenciling Program.
b. Cities in Santa Clara County require all developments modifying or
constructing new catch basins/storm drains/inlets to stencil the “No
Dumping! Flows to Bay.” In addition, some of these cities require all bid
documents for capital projects which are modifying or constructing new
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catch basins and require the contractors to install the same stencil. The
program is also highlighted on cities’ websites.
In South County municipalities (permittees) are subject to the statewide
“Phase II” Stormwater Permit: National Pollutant Discharge Elimination
System (NPDES) General Permit for Waste Discharge Requirements
(WDRs) for Storm Water Discharges from Small Municipal Separate
Storm Sewer Systems (MS4s). The permit became effective
July 1, 2013 and remains effective (as amended) until reissued. The last
amendment was effective January 1, 2019.
The North County municipalities (permittees) are subject to the San
Francisco Bay Municipal Regional Stormwater NPDES Permit. The
permit was effective January 1, 2016 and was due to expire December
31, 2020 but has been administratively extended.
c. The City of Cupertino’s annual flood notices in the local newsletter, ‘The
Cupertino Scene,’ contains dumping is illegal messaging and how to
report.
d. The City of Milpitas’s annual “Flood Public Advisory” annual brochure
contains dumping is illegal messaging and how to report.
e. The City of Palo Alto’s annual “Are You Ready for Winter Storms?” utility
bill insert contains the Do Not Dump and report illegal dumping
messages.
f. The City of Sunnyvale’s annual fall “Horizon” newsletter includes a “Know
How to Be Flood Safe” article that promotes the Do Not Dump message.
g. Valley Water places “Do Not Dump” signs by waterways/channels.
h. Valley Water lists the Pollution Hotline number in all their Project Notices.
4. Information for Use Before, During, and After a Flood
a. Valley Water maintains public outreach materials for use before, during,
and after a flood, including safety messages, how to file insurance claims,
the need for permits, etc. These materials include several FEMA
publications and Valley Water collateral items. Several of these items are
also available on our website. Valley Water distributes these outreach
materials to the public at various events/fairs throughout the county, at
public meetings, with stakeholders (e.g., Second Harvest Food Bank,
HOA’s, Fire Departments, etc.) to help disseminate our flood
preparedness messaging. These items are also made available upon
request to cities/county to distribute within their community.
Valley Water’s website includes a ‘Flood Safety Advice: Before, During,
and After a Flood’ webpage https://www.valleywater.org/floodready/flood-
safety-advice-during-after.
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b. The City of Santa Clara has a plan that outlines flood response activities
to carry out before, during, and after a storm/flood. The plan identifies
how to disseminate information on social media (i.e., frequency and type
of messaging, which media platforms, and who will be responsible for
posting the messages).
c. The City of Milpitas’ ‘Flood Public Advisory’ annual brochures provide
information on what to do before and during a flood.
Other Public Information Initiatives
The PPI Committee reviewed other public information activities, in addition to outreach projects.
Additional credit is available under Activities 340, 350, 360, and 540 if the element is described
in the PPI document with specific recommendations on how it should be conducted.
Activity 340 (DFH and REB) – Additional credit is provided if the PPI states that real estate
agents should (or have agreed to) advise house hunters about the flood hazard and that real
estate agents give house hunters a REB brochure.
• The City of Morgan Hill mails out during the rainy season an annual newsletter,
“Ask Before You Buy: Know Your Flood Risk!”, to local real estate agents that
provide homebuyers help to determine the flood risk of the property being
purchased.
• The City of Palo Alto sends out annual letters to real estate agencies, informing
them of their responsibility to identify flood hazard areas and to take advantage
of the Flood Zone Lookup on the city’s website on the Floodplain Management
webpage at the beginning of the flood season (September/October).
• The City of San Jose sends out letters to real estate and insurance agencies
and lenders, informing them of their responsibility to identify flood hazard areas
and to take advantage of the Flood Zone Lookup on the city’s website on the
“Flood Hazard Zones webpage and advises to contact the city for map reading
services and elevation certificates on file (September–December).
• The City of Sunnyvale sends a mailer/postcard targeted to real estate agents
informing them of the client’s responsibility for identification and purchase of flood
insurance and the availability of the automatic 15% discount.
• Other communities could follow suit and send out the info to real estate agents
advising house hunters about flood hazards and advise real estate agents to give
house hunters a REB brochure.
Activity 350 (WEB1) – Additional bonus credit is provided if the communities website covers
the additional priority messages (Topics 7-9) that are listed in the PPI, listed in Table 3: CRS
Priority Messages.
,
• All communities’ website flood protection resources webpage includes language
that contains the three additional PPI priority messages noted below:
7. Develop an emergency plan.
8. Download disaster apps.
9. Understand shallowing risks––don’t drive through standing water.
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Activity 360 (PPA, PPV, FAA) – Additional bonus credit is provided if the PPI discusses how
the community’s property protection services should be conducted (PPA), discusses site visits
as part of the community’s property protection service (PPV), and discusses how the
community’s financial assistance advisory service should be conducted (FAA).
• The City of Cupertino provides property protection advice, site visits, and
general flood protection assistance to interested community members. Advice
and assistance are provided one-on-one, either over the phone, face-to-face at
the public counter or through comments related to development review. Site
visits, if requested, are also conducted and scheduled directly with qualified city
staff. This service is advertised to the entire community in their annual flood
notices in the local newsletter (The Cupertino Scene, a community-wide
newsletter). The notice is typically published before or at the beginning of the
rainy season (October or November issue).
• The City of Milpitas offers Flood Protection Assistance and provides in-person
flood risk consultation at the front counter. Anyone seeking flood zoning and
flood mitigation information, can talk to a Registered Civil Engineer and/or a
Certified Floodplain Manager (CFM) from the Engineering Department. This
service is advertised to the whole city by the ‘Flood Public Advisory’ that is
mailed out annually between December-January. An engineer and/or CFM will
visit the project site upon request and will provide an analysis report after the
visit. A copy of any site visits and analysis report will be kept on file with the city.
• The City of Santa Clara provides property protection advice, and general flood
protection assistance to interested residents and businesses. Advice and
assistance are provided one-on-one by reviewing site plans and site photos,
either over the phone, or face-to-face at the permit center counter. Site visits, if
requested, are also conducted and scheduled directly with qualified city staff.
This service is advertised to the entire community every year in the fall issue of
citywide newsletter “Inside Santa Clara”, which typically goes out every
September.
• Other communities could follow suit and send out the info on how the
community’s property protection services should be conducted, including site
visits as part of the community’s property protection service and offer the
community financial assistance advisory service.
Activity 540 (Drainage System Maintenance) – Additional credit is provided if the PPI specifies
the message and recommends the best way to disseminate it.
• Valley Water’s annual floodplain, countywide mailers and all project notices
include messaging on Do Not Dump/Illegal Dumping. All communities comply
with the Santa Clara County’s Storm Drain Stenciling/Medallion Program as
developments that are modifying or constructing new catch basins/storm
drains/inlets are required, per the below-noted permits, to stencil the “No
Dumping Flows to Bay.” In addition, some of these cities require all bid
documents for capital projects, which are modifying or constructing new catch
basins, require the contractors to install the same stencil. The program is also
highlighted on cities’ websites.
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- South County municipalities are subject to the statewide “Phase II”
NPDES Permit
- North County municipalities are subject to the SF Bay Municipal Regional
Stormwater NPDES Permit
Other New Initiatives
The PPI committee identified a number of new initiatives:
1. Continue and expand the standardized flood message prepared for each
community to include flood messages in utility bills each year, including PG&E.
2. Expand on partnerships with local chambers of commerce to disseminate and
share flood preparedness information.
3. Expand on outreach to the Asian and Latino communities who live in flood prone
areas.
4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual
events.
5. Expand on reaching local homeowners associations (HOA)s and apartment
associations
(i.e. Executive Council of Homeowners [ECHO])
6. Expand on reaching residents in marginal and low-income communities through
partnering with organizations that reach these communities. (i.e. Second Harvest
Food Bank and others)
7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive
Loss Areas.
8. Review and expand other public information activities, such as Flood Protection
Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).
9. Develop a regionwide Flood Response Program messaging plan.
VIII. ANNUAL EVALUATION REPORTS
The Santa Clara County Multi-Jurisdictional PPI Committee will meet at least once per year to
evaluate the PPI and incorporate any needed revisions. This meeting will be coordinated
through the ongoing CRS User’s Group meetings which are expected to occur at least twice a
year. The evaluation will cover:
• Reviewing projects that were completed.
• Evaluation of progress toward outcomes.
• Recommendations on projects that have not been completed.
• Recommendations for new projects not previously identified.
• Target Audience changes; and
• Impact of the program during a real flood event if one has occurred.
A report will be prepared by Valley Water or through a sub-committee of the PPI Committee for
submission with each CRS community’s annual CRS recertification package.
During Fiscal Years 2016-19 (Years 1-4), the 2015 PPI Committee met a minimum of twice a
year to complete annual evaluation reports for each year. Each community that participated in
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the 2015 PPI sent annual evaluation reports to their respective governing body and included the
report as part of their annual recertification submittals.
In 2020, the Insurance Services Office (ISO) authorized the exemption of the 2015 PPI Year 5
Annual Evaluation Report, as the Multi-Jurisdictional PPI was scheduled to be updated for its
five (5) year revision.
IX. FIVE-YEAR REVISIONS
Every five (5) years, the Santa Clara County Multi-Jurisdictional PPI Committee will meet to
review and revise the PPI. At that time, the PPI Committee can decide to draft a new document
or an addendum to the existing document that updates the needs assessment and all sections
that should be changed based on evaluations of the projects.
The PPI is reviewed for CRS credit according to the FEMA NFIP CRS Coordinator’s Manual
(Edition 2017) currently in effect, not the version used when the community originally requested
this credit. The update can qualify as the annual evaluation report for the year it was prepared.
The updated PPI must be adopted following the same process as the adoption of the original
document.
X. ADOPTION OF THE PPI
The Multi-Jurisdictional PPI will be considered fully adopted after it has been approved by the
elected body of each of the participating communities. Each CRS community is encouraged to
use Valley Water’s Board Agenda Memo so that all the elected officials receive the same
information. This saves staff time and resources.
When a community develops a PPI as outlined in the FEMA NFIP CRS Coordinator’s Manual
(Edition 2017), the PPI must be adopted by the community, through either:
• A formal vote by the community’s governing body, or
• A formal vote by another body that has the authority and can provide the funding
to implement the PPI, such as a flood control district. If this option is used, the
PPI document must still be provided to the community’s governing body for
informational purposes.
In April of 2015, nine (9) of the twelve (12) CRS communities’ governing bodies adopted the
original Santa Clara County Multi-Jurisdictional 2015 PPI (5-Year Plan).
XI. REFERENCES
1. Federal Deposit Insurance Corporation (FDIC), Flood Disaster Protection Act of
1973, https://www.fdic.gov/regulations/laws/rules/6000-2400.html, December
1973.
2. Federal Emergency Management Agency (FEMA), Developing a Program for
Public Information,
https://crsresources.org/files/300/developing_a_ppi_for_credit_under_the_crs.pdf
, March 2013.
3. Federal Emergency Management Agency (FEMA), National Flood Insurance
Program Community Rating System Coordinator’s Manual,
https://crsresources.org/, 2017.
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4. Federal Emergency Management Agency (FEMA), Flood Zones,
https://www.fema.gov/glossary/flood-zones, July 2020.
5. Flood Insurance Sheets by Occupancy and by Zone provided by ISO, CRS
Technical Reviewer, Dave Arkens on November 15 and 18, 2020.
6. Shawnee County, Kansas, Definitions of FEMA Flood Zone Designations,
https://snmapmod.snco.us/fmm/document/fema-flood-zone-definitions.pdf.
7. Snohomish County Public Works Surface Water Management, Washington,
Snohomish, City of Monroe, City of Sultan: Multi-Jurisdictional Program for Public
Information, January 2013.
8. State of California et al, California’s Flood Future: Recommendations for
Managing the State’s Flood Risks, November 2013.
9. US Census Bureau: Population Estimates,
https://www.census.gov/quickfacts/fact/table, (V2019), July 1, 2019.
10. Town of Surfside Beach, South Carolina PPI,
https://crsresources.org/files/300/surfside_beach_example_ppi.pdf, November
2014.
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APPENDIX B
Additional Non-Credited CRS Outreach Projects for Activity 330 by Community
Please Note: Some of the below-identified Outreach Projects may be creditable under other
CRS activities/element, such as Activity 350, c). Flood protection website (WEB)
CRS
Community
Outreach Projects
County of
Santa Clara
The County’s website includes a “Santa Clara County Storm and Flood Information and
Resources” webpage available for all residents in the county. The storm and flood
information page redirects residents to Valley Water’s Flood Ready webpage and
www.floodsmart.gov as useful resources:
https://www.sccgov.org/sites/opa/Pages/storm.aspx.
Santa Clara County has a Consumer Protection Division’s website that also includes a
“Flood Safety Information” page. The site redirects residents to Valley Water’s Access
Valley Water customer portal for reporting debris in creeks: https://cpd.sccgov.org/flood-
safety-information.
City of
Cupertino
City staff promotes the use of “Property Information” whenever possible. FIRM
information is searchable by property address and easily viewed through the city’s
“Property Information” web mapping application, an interactive map that allows public
users to view data for any property in Cupertino. Interested community members can
access Property Information from the city’s main webpage and immediately find out what
flood zone and panel number their property is located in.
City of
Gilroy
The city’s floodplain management regulations comply with Title 44 of the Code of Federal
Regulations that regulates development within the city’s floodplains and meet state and
federal minimum standards.
Gilroy has a comprehensive Community Emergency Response Team (CERT) program
that educates residents about disaster preparedness for the hazards, including flooding,
that may impact their area and trains them in basic disaster response skills, such as fire
safety, light search and rescue, team organization, and disaster medical operations.
CERT offers a consistent, nationwide approach to volunteer training and organization that
professional responders can rely on during disaster situations, which allows them to focus
on more complex tasks. Through CERT, the capabilities to prepare for, respond to and
recover from disasters are built and enhanced.
CERT volunteers are trained to respond safely, responsibly, and effectively to emergency
situations, but they can also support their communities during non-emergency events as
well.
City of Los
Altos
City Council adopts a Proclamation California Flood Preparedness Week.
At the beginning of the flood season, the city’s Public Information Officer does social
media on various platforms (e.g., City Manager community email, Facebook, Nextdoor,
Twitter, etc.).
The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its
website: https://www.losaltosca.gov/publicworks/page/flood-zone-information. This page
contains information on:
• Creeks that run through Los Altos: Adobe Creek, Hale Creek, Permanente Creek,
and Stevens Creek and the by-pass near Blach School, which carries overflow
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from Permanente Creek to Stevens Creek. All these creeks may subject property
to flooding during periods of heavy storms.
• Information for Insurance (redirects to FEMA’s NFIP, www.floodsmart.gov)
• Flood zone information
• Link to Valley Water’s Flood Protection, Flood Ready resource page and news
blogs for various flood-related articles.
• Link to Valley Water’s Sign-up for Emergency Alerts (Alert SCC, ReadySCC and
American Red Cross Flood App)
• FEMA NFIP
• FEMA National Flood Hazard Mapping
• FEMA Map Service Center
Supporting Documents
- Santa Clara Valley Water District: Contact Your Floodplain Manager
- FEMA: Protecting Building Utilities from Flood Damage
- FEMA: Protecting Structures Built on Fill
- FEMA: Reducing Damage from Localize Flooding
- FEMA: Reducing Flood Risk to Residential Building that Cannot be Elevated
- FEMA: Substantial Improvement, Substantial Damage Desk Reference
- 2019 PPI Annual Evaluation Report (updated annually)
- Mailer to Property Owners – Special Flood Hazard Areas (SFHA)
City of
Milpitas
The city distributes a Winter Preparedness flyer that informs contractors that the winter
season will arrive, and they need to winterize their project(s) site. Certain soil disturbance
activities are not allowed during the rainy season.
The city participates in the annual National River Clean-up (each May) and Coastal Clean-
up Day (each September). They coordinate with Valley Water on both these clean-up
efforts.
Year-round, the City of Milpitas distribute at various events the FEMA flood-related
publications, including “Myths and Facts about the NFIP” and “Q&A NFIP Handbook” and
the front counter area in a brochure rack.
The City of Milpitas’ “Important Flood Hazard Information” webpage contains information
on several of the PPI message topics. The webpage also redirects to Valley Water,
FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS webpages:
https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood-information/.
City of
Morgan Hill
Citywide weekly newsletter/e-mail blast (called Weekly 411) sent out to subscribers during
the rainy season include messages about flood safety, emergency preparedness,
emergency Apps: AlertSCC, ReadySCC, and the Red Cross Flood App, sandbags, and
flood insurance.
The city’s Floodplain Management webpage includes a link to Valley Water’s Flood Ready
webpage ALERT System Real-Time Data, as well as a link to FEMA’s Flood Map Service
Center: http://www.morgan-hill.ca.gov/748/Floodplain-Management.
The city participates in National River Cleanup Day and Coastal Cleanup Day. Morgan Hill
Creek Cleanup is advertised in the City’s Recreation Activity Guide on the City’s website.
Each September, the city declares September as “National Preparedness Month.” The
city’s weekly newsletters/e-mail blasts during the month of September include information
on how to be prepared throughout the month.
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The city’s Emergency Preparedness webpage has a link to the Department of Homeland
Security’s www.Ready.gov website which contains a fillable family emergency
communication plan: http://www.morgan-hill.ca.gov/133/Emergency-Preparedness.
During the rainy season, the city mails out an annual newsletter, “Ask Before You Buy:
Know Your Flood Risk!” to local real estate agents which are provided to homebuyers to
help determine the flood risk of the property being purchased.
The city has links to Valley Water’s “Permits for Working on Valley Water Land or
Easement” on the City’s Floodplain Management webpage. Valley Water’s webpage
includes a link to the Water Resources Protection Ordinance.
The city and/or Valley Water hosts an informational table at the annual city festivals:
Mushroom Mardi Gras (each May) and the Taste of Morgan Hill (each September). Flood
readiness information is disseminated to the public.
City of
Mountain
View
The city’s Public Works Department hosts a “Flood Protection and Insurance Information”
webpage on its website: https://www.mountainview.gov/depts/pw/flood_protection.asp.
Topics include:
Upcoming Storm Season Information
Flood Protection – Sand and sandbags available; how to fill a sandbag
See Santa Clara Valley Water District’s floodplain mailer
Flood Safety Tips (redirects to Valley Water’s Flood Ready webpage)
What to do before, during, and after a flood
Protection Information
Flood Safety
Flood Insurance
Flood Map Information (redirects to www.floodsmart.gov)
Flood Protection Tips
Preparing for Winter Storm Season
Remove Fallen Leaves
Emergency Contact Numbers
Obtain Sandbags When Necessary
Report Flooding or Standing Water
Report Downed Trees and Limbs
Do Not Touch Downed Power Lines
Prepare at Home – Emergency kits
Contact numbers to report power outages or downed power lines
Trash capture devices are installed in the storm drains of some of the city’s high
generation rate area and we partner with Valley Water on trash removal on the two creeks
in the city.
City of Palo
Alto
The City of Palo Alto’s website, Public Works “Creek Monitor” webpage includes real-time
creek monitoring on San Francisquito Creek, Matadero Creek, and Adobe Creek. This
webpage redirects visitors to the San Francisquito Creek Joint Power Authority (JPA),
Flood Early Warning System website. The information on this JPA website updates every
15 minutes: https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp
Additionally, the “Creek Monitor” webpage redirects to the National Weather Service, Palo
Alto forecast and radar pages; USGS San Francisquito Creek stream gauge; and the
California Nevada River Forecast Center websites:
https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp
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The City of Palo Alto’s “Floodplain Management” webpage provides relevant FEMA
information, including Flood Zone Lookup for all interested residents. This page directs
visitors to FEMA Elevation Certificate Information; FEMA NFIP; FEMA Technical Bulletins
for Construction in the SFHA; Letter of Map Amendment application materials; and City of
Palo Alto Development Center, Permits and Applications:
https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp
The City of Palo Alto’s Office of Emergency Services, “Flood Information and Winter
Storm Preparedness” webpage contains useful information for flood readiness:
https://www.cityofpaloalto.org/services/public_safety/flood_information_winter_storms/def
ault.asp
City of San
José
The city has a “Flood Emergency Notifications” webpage that includes the following
topics: https://www.sanjoseca.gov/news-stories/news/emergency-notifications/flood-
emergency-notifications
- Emergency public information notifications and updates are provided.
- The city's Incident Management Team, a branch of the Emergency Operations
Center communicates with Valley Water and the National Weather Service to
actively monitor the situation and is ready to respond if conditions change. The city
informs residents of significant changes that may cause flooding and ongoing
efforts (i.e., Flood Watch or Flood Warnings, creek levels, localized flooding, and
downed tree branches).
- City field crews respond to routine storm maintenance calls.
- Crews from PG&E respond to localized power outages; residents can find the
latest information on outages on the PG&E website and their Safety Action Center
for preparedness tips and more.
- Evacuation Center(s) will open if needed and location(s) will be listed on the city’s
social media accounts if an evacuation warning or order is issued.
- Expected weather conditions are updated. Residents are advised to stay safe by
taking the following precautions:
• Monitor the news and follow the City of San José on social media,
Facebook, Twitter and Instagram for regular updates
• Be ready and tell neighbors to be ready to evacuate, if needed
• Protect property with sandbags to route water away from structures
• Raise furniture on the first floor to reduce damage if water threatens to enter
home
• Seniors or mobility impaired: Alert family or friends, so they are prepared to
assist should conditions change
• Pack a bag with important documents, medicines, spare clothes
• Report blocked drains and other storm-related issues at 408-794-1900
• When driving, turn your car around if you encounter water on the road that
looks to be 6 inches or deeper—or if you can't tell how deep it is. Be especially
cautious at night when it is harder to recognize flood danger.
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- Sandbag Locations within the City of San José are listed. A complete list of
sandbag locations can be viewed by visiting:
https://www.valleywater.org/sandbags.
- Sign up for Text and Email Alerts - Residents are advised to opt in to AlertSCC,
the Santa Clara County emergency alert system: http://bit.ly/2BzQxt0. AlertSCC is
a free, easy, and confidential way for anyone who lives or works in Santa Clara
County to get emergency warnings sent directly to their cell phone, email, or
landline. In addition to AlertSCC, the ReadySCC emergency preparedness mobile
app is available.
- Warming Center – If needed, the City of San José may open warming centers to
service the homeless. Additional information can be found on the "Cold Weather
Tips for Older Adults" or find a warming center in Santa Clara County.
The City of San José has established policies that govern development within north San
José as related to flood hazard mitigation and impact avoidance. The objective of the city
is to provide consistent policies throughout the area to allow increased development
density, protect new structures from flooding, minimize potential increases in flood depths,
and ensure consistency with FEMA requirements and the city’s floodplain management
ordinance.
The city’s Municipal Code, Part 5. 17.08.600 defines the Requirements for Special Flood
Hazard Areas: https://www.sanjoseca.gov/home/showpublisheddocument?id=66695.
The city’s Public Works, Development Services “Flood and General Inquiry” webpage
allows for members of the public to submit inquiries on flood-related issues and questions,
including flood zones: https://www.sanjoseca.gov/your-government/departments-
offices/public-works/development-services/flood-general-inquiry.
The city also posts on their webpage the following materials:
• Valley Water’s brochure “List of Creeks that are Flood Prone”:
https://www.sanjoseca.gov/home/showpublisheddocument?id=9371;
• Valley Water’s brochure “Prepare for Winter Storms ARE YOU FLOOD-READY”:
https://www.sanjoseca.gov/home/showpublisheddocument?id=40707.
• The American Red Cross Emergency Preparedness Checklist:
https://www.sanjoseca.gov/home/showpublisheddocument?id=49753.
City of
Santa Clara
The city has an Adopt-A-Spot Program that encourages and supports volunteers to
organize clean-up events in the city. The Adopt-A-Spot Program is designed to enable
community groups, businesses, churches, schools, and other organizations to play an
active role in keeping public spaces clean and beautiful while allowing them to set their
own schedule. Information on the program and how to Adopt-A-Spot is posted on the city
website.
The city organizes volunteers for the National River clean-up event each year and event
results of trash collected is posted on the city website.
The city has a funded program to install hundreds of new storm drain inlet inserts every
year.
The city promotes ALERTSCC and ReadySCC on social media and during CERT training
courses.
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The city hosts workshops to promote developing family emergency plans and kits. The
city publishes a comprehensive and easy to follow guide on putting together an
emergency kit and family emergency plan, and it is available on the city website.
The City of Santa Clara City Hall and library have a wealth of flood awareness material
available for check out or free to take home. Materials include flood awareness coloring
books for children, flood insurance information in English and Spanish for residents and
businesses, technical information on protecting a building from flood and more.
The city posts social media messages including topics on protecting people and property
from flood hazard, such as shallow flood danger and proper usage of sandbags and
sandbags availability.
The city’s Public Works Department has a flood protection webpage on the city’s website:
https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineering/flood-
protection.
City of
Sunnyvale
The city hosts a link on its Flood Protection page on how to prevent stormwater pollution:
http://www.mywatershedwatch.org/.
City staff, through Environmental Services, hosted Coastal Clean-up in Sunnyvale.
City staff provided preparedness training/information at Farmer’s Market and instructed
people to download emergency and flood apps to stay informed about the latest
emergencies and flood updates. Additionally, city staff provides flood safety information
and distributes emergency starter kits at the city’s Annual State of the City address.
The city’s website promotes:
Topics on city’s ‘Flood Protection’ webpage:
https://sunnyvale.ca.gov/property/floodprotection/default.htm
Prepare for Storms
Develop Family Emergency Plan
Sign up to receive public safety and weather alerts on your phone
Keep gutters free from debris
Pick-up free sandbags, available at the city’s Corporation Yard
Flood Tips and Resources
Find out what to do before, during, and after a flood or storm
Get emergency preparedness apps from the Red Cross
Download the FEMA app for safety, weather, and shelter information
If you see a blocked storm drain, call our 24-hour Sewer and Storm Drain
Response Hotline
Other Related Topics
Report broken limbs or fallen tree
Report illegal dumping in storm drains
Learn how to prevent stormwater pollution
Learn about local improvements to prevent flooding
Topics on city’s ‘Emergency Preparedness’ webpage:
https://sunnyvale.ca.gov/government/safety/emergency.htm
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- AlertSCC
- Follow SunnvaleDPS Twitter feed for local information during an
emergency.
- Radio 1680AM on your portable or car radio for local information during a
disaster.
- ReadySCC
- Listos California preparedness class, offered by Sunnyvale Emergency
Response Volunteers (SERV).
- www.Ready.gov
The city’s Public Safety Department’s Office of Emergency Services provides training,
support, and services to ensure the city is prepared to respond to and recover from the
effects of major emergencies.
Valley
Water
Flood Ready webpage: Flood & Safety, Flood Protection Resources
https://www.valleywater.org/floodready includes:
Valley Water in Your Area tool on website homepage: https://www.valleywater.org/
- Nine Things to Know to Be Flood Ready https://www.valleywater.org/news-
events/news-releases/9-things-you-need-know-be-flood-ready
- Sign Up for Emergency Alerts: AlertSCC and ReadySCC
https://www.valleywater.org/floodready/sign-up-for-emergency-alerts
- Sandbags Distribution Sites https://www.valleywater.org/sandbags
- ALERT System Real-Time Data - Stream, reservoir, surface water and
precipitation gauge data https://www.valleywater.org/your-water/alert-system-real-
time-data
- Flood Safety Advice: Before, During, and After a Flood
https://www.valleywater.org/floodready/flood-safety-advice-during-after
- Is Your Home in a Flood Zone? (re-directing to www.floodsmart.gov using
https://msc.fema.gov/portal https://www.valleywater.org/floodready/is-your-home-
in-a-flood-zone
- Report creek blockages, local flooding
https://www.valleywater.org/floodready/report-creek-blockages-local-flooding
- Flood Insurance (re-directing to www.floodsmart.gov)
https://www.valleywater.org/floodready/flood-insurance
- Flood Reports - Since 1967, Valley Water staff have prepared reports following
instances of severe flooding https://www.valleywater.org/floodready/flood-reports
- Stream Maintenance Program https://www.valleywater.org/flooding-safety/stream-
maintenance-program
- Dam Safety Program https://www.valleywater.org/flooding-safety/dam-safety-
program
- Climate Change https://www.valleywater.org/your-water/water-supply-
planning/climate-change
- Levee Safety https://www.valleywater.org/flooding-safety/levee-safety
- HEC-2 and HEC-RAS data library https://www.valleywater.org/flooding-safety/hec-
2-and-hec-ras-data-library
- Vertical Control Network https://www.valleywater.org/flooding-safety/vertical-
control-network
- Flood Emergency Action Plans https://www.valleywater.org/flooding-safety/flood-
emergency-action-plans
- Adopt a Creek Program https://www.valleywater.org/learning-center/adopt-a-creek
▪ Creekwise Mailer – Various communities distribute this mailer at events they
host, including fairs.
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https://www.valleywater.org/sites/default/files/CreekWise%202018%20flyer_for
.Web%20FINAL%20CORRECT.pdf
▪ Creekside Property Program https://www.valleywater.org/learning-
center/healthy-creeks-and-ecosystems/creekside-property-program
- National River Cleanup Day https://www.valleywater.org/news-
events/events/2019-national-river-cleanup-day
- Coastal River Cleanup Day https://www.valleywater.org/news-events/news-
releases/volunteer-coastal-cleanup-day-sept-15
- Safe, Clean Water and Natural Flood Protection Grants and Partnerships Program
https://www.valleywater.org/learning-center/safe-clean-water-and-natural-flood-
protection-grants-partnerships-program
- Let’s Talk Water: Speakers Bureau Program https://www.valleywater.org/learning-
center/lets-talk-water-speakers-bureau
-
Flood Protection projects:
Safe, Clean Water, and Natural Flood Protection Program, Priority E: Flood Protection
to Homes, Business, Schools, and Highways https://www.valleywater.org/project-
updates/safe-clean-water-and-natural-flood-protection-program/priority-e-provide-
flood-protection-homes-businesses-schools-and-highways
5-year Capital Improvement Plan (CIP), Chapter 3 – Flood Protection
https://www.valleywater.org/how-we-operate/five-year-capital-improvement-program
Neighborhood Work Project Notices https://www.valleywater.org/project-updates/in-
your-neighborhood/neighborhood-work-notices
Every month, staff check the Flood Ready webpage on Valley Water’s website to ensure
that it is operational and ensure the content is to up to date.
Valley Water Flood Watch map-based tool on the website:
https://gis.valleywater.org/SCVWDFloodWatch/
Monitor reservoir, stream, rainfall levels with the ALERT Gauge System Real-Time Data
on the website: http://alert.valleywater.org/
Valley Water in Your Area tool on website homepage: https://www.valleywater.org/
Every year before winter, Valley Water Operations & Maintenance crews prepare
waterways to help carry floodwaters safely by conducting inspections and maintenance of
creeks. Crews remove vegetation and sediment to improve the flow of water. During the
rainy season, crews go out during and after storms to clear creeks that we manage of
debris and fallen trees that can cause blockage and result in flooding.
Valley Water sends thousands of flyers, Project Notices (previously Neighborhood Work
Notices) each year to residents and businesses located near a capital or maintenance
project site throughout the county. The notices are posted on Valley Water’s website,
under the Project Updates webpage. Valley Water is dedicated to keeping residents and
businesses informed and safe through its flood protection programs and project. These
flyers contain a message to discourage illegal dumping in creeks and advertise a pollution
reporting hotline.
Valley Water’s Sandbag Guidelines for Homeowners brochures are distributed at various
safety events and fairs throughout the county and are available in multiple language. The
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brochures are made available to all cities and the county to distribute. Various sandbag
sites are managed by Valley Water and are open from late November through April each
season. Certain sites are stocked with filled sandbags, when available, during that
period. Additional sites are stocked with sand and empty bags for self-filling. A Sandbag
Distribution Sites map is distributed at events/fairs and the map is posted on Valley
Water’s webpage. The map also includes information on several other sandbag stations
managed by various cities within Santa Clara County. “How to Properly Fill a Sandbag”
and “How to Protect Your Home with Sandbag” videos are also posted on Valley Water’s
website.
Valley Water and Santa Clara County cities/county promote the county’s AlertSCC and
ReadySCC (Ready Santa Clara County) emergency app and the American Red
Cross flood app. Communities encourage the public to download either/or both apps so
that they are prepared and are kept informed before, during and after an event. This
information is shared with the public at events/fairs and is included in several of Valley
Water’s flyers/mailers.
Beginning in approximately June of each year, Valley Water participates in the California
Department of Water Resources’ statewide agency coordination calls, leading up to
California Flood Preparedness Week (CFPW) held in October annually. Valley Water
encourages Santa Clara County cities/county to participate in the State’s CFPW campaign
and offer support to the cities/county to promote participation. Each October, Valley Water
also executes a resolution declaring the designated week in October as CFPW in Santa
Clara County.
Valley Water also maintains a Flooding & Safety, Flood Protection Resources
webpage on their website: https://www.valleywater.org/floodready. As the flood protection
authority for Santa Clara County, flood protection is one of Valley Water’s priorities. This
resourceful flood protection webpage provides a wealth of information to the residents and
businesses Valley Water serves. Information is provided to the public on flood
preparedness, including how to keep their family, property, and business flood safe.
Valley Water’s Education Outreach Program reaches close to 19,000 students a year
throughout the county. The program offers age-appropriate curriculum on flood
preparedness either in a classroom setting or virtual events where students receive
information on how to prepare for a flood event.
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APPENDIX C
Past Members of the Santa Clara County 2015 PPI Committee
Community Local Government
Representative and Alternates External Stakeholders
County of Santa
Clara
Chris Freitas Trish Mulvey, CLEAN South
Bay
Cupertino Chad Mosley, Senior Engineer
Winnie Pagan, Associate Civil Engineer
Public Works Department
Julia Kinst, Neighborhood
Block Leader
Gilroy Claudia Moran-Garcia, Civil Engineer I
Public Works Department
Maria Angeles, City Development Engineer,
CFM
Mark Turner, Chamber of
Commerce
Los Altos Aida Fairman, PE
Associate Civil Engineer
Kathleen Gallagher, CSG Consultants, Inc.
Frank Navarro, CSG Consultants, Inc.
Brandi Garcia, PG&E
Pam Perdue, PG&E
Milpitas Ahmed Aly, Principal Civil Engineer, CFM
Engineering Land Development Section
Babak Kaderi, Assistant Civil Engineer
Engineering Land Development Section
Donna Chiaramonte, State
Farm
Morgan Hill Charlie Ha, Associate Engineer
Public Works Department
Sanjar Chakamian, Morgan
Hill Downtown
Mountain View Renee Gunn, Associate Civil Engineer, CFM
Jacqueline Andrews Solomon, Assistant
Public Works Director/City Engineer, CFM
Lydia Kou, Real Estate Agent
Erin McKeown, Google
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services
Division
Dan Melick, CERT Volunteer
San José Arlene Lew, Floodplain Manager, CFM
Department of Public Works
Erik Fong, Willow Glen
Neighborhood Association
Linda Baker, Alain Pinel Realtor
Santa Clara Van Truong
Falguni Amin, Acting Principal Engineer
Public Works - Engineering
Kevin Moore, retired City
Council member
Sunnyvale Jennifer Ng, Senior Civil Engineer
Public Works
Kerry Haywood, Moffett Park
Business Group
Valley Water Pat Showalter, Sr. Project Manager
Ricardo Barajas, Public Information Rep. II
Merna Leal, Project Coordinator
Naomi Pease, American Red
Cross
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City of Gilroy
STAFF REPORT
Agenda Item Title: Report on Reopening of City Offices on August 30, 2021
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Receive report and provide feedback.
EXECUTIVE SUMMARY
Considering the recent updates to the State, County and Cal OSHA directives and
orders, staff is excitedly planning for the reopening of City offices scheduled for
Monday, August 30, 2021. Staff will continue to monitor the available COVID-19
information to ensure the City reopening plans are safe for both employees and
customers. Staff has formed an internal city-wide committee working to develop
successful plans for reopening. The below high -level report is intended to update the
Council and community on the reopening plans to date and to receive feedback.
SUMMARY OF UPDATED COVID-19 ORDERS
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Recently, State, County and Cal OSHA orders have been updated which facilitate the
reopening of city offices. A few key items to highlight include:
California’s Department of Public Health has updated statewide masking guidance to
match the CDC’s guidance, lifting California’s mask requirements for vaccinated
individuals starting on June 15. Vaccinated people can come together without masks in
most circumstances.
People who are unvaccinated must continue to wear a mask indoors in public settings
to protect themselves and others. Also, there are some settings where masking is still
required for everyone, such as:
• Public transit
• Hospitals
• Long-term care facilities
• Homeless shelters
• Indoors in K-12 schools, childcare, and other youth settings (i.e. Recreation
programs)
While fully vaccinated City employees are not required to wear a face mask while at
work, some may choose to do so for safety reasons as it is possible that an
unvaccinated customer may enter city hall claiming to be vaccinated. Further,
unvaccinated City employees must continue to wear a mask while at work.
The City will be placing signage at city facilities indicating that unvaccinated
customers/employees must wear a mask when entering the building. Further, masks will
be provided as needed by our customers should an unvaccinated customer arrive
without a mask. Vaccination status will be on the person’s honor like the process being
followed by most businesses throughout the community. A hand sanitizing station will
be provided near the main entrance to the central customer service/reception desk at all
city offices.
The Santa Clara County Health Officer urges that all businesses and governmental
entities follow the recommendations set forth below:
• Businesses and governmental entities should strongly encourage all personnel to
be fully vaccinated as soon as possible and should regularly request updated
vaccination status information from those personnel who are not already fully
vaccinated.
• Businesses and governmental entities should consider moving operations and
activities outdoors, where there is significantly less risk of COVID-19
transmission, especially operations and activities involving patrons who are
unlikely to be vaccinated.
• Businesses and governmental entities should prohibit all personnel who are not
fully vaccinated from engaging in any work-related travel to places with elevated
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rates of COVID-l9, with widespread circulation of variants of concern, or where
community vaccination rates are below the average in the Bay Area region.
• Businesses and governmental entities should require all personnel not fully
vaccinated to obtain regular testing for COVID-l9 consistent with current local,
state, and federal recommendations. Any person vaccinated or unvaccinated,
who has COVID-l9 symptoms should be tested via a PCR test immediately.
CURRENT STATUS OF CITY SERVICES
Fire, Police and Public Works operations services have continued consistently
throughout the pandemic. Building and public works inspection services have continued
with most of the work occurring outdoors. Earlier this month, the police department
lobby reopened for public access. Some limited recreation programming has returned to
include some summer camp programs for youth, outdoor sport activities, park/picnic
area reservations, meals for seniors, and other specialty classes. In addition, the San
Ysidro community center has been a hub for providing a variety of services to the
community to include food delivery for those in need, COVID-19 vaccinations, COVID-
19 testing, and other supportive services. All other city departments have been
providing remote services with limited in-person meetings. Currently, approximately
twenty-five (25%) percent of city hall staffing is working on-site. This percentage is
increasing weekly considering the updated orders.
REOPENING PREPARATION/SAFETY PRECAUTIONS
Currently, all departments are preparing for the reopening and provision of in-person
services. While the availability of remote services to the public will continue, staff knows
that customers are eager to access their local government in-person.
The facilities team has been working to ensure that a ll city facilities are safe for
increased employee and customer capacity. The following are some of the measures
previously implemented and being planned to facilitate reopening:
• Plexiglass barriers were installed at the beginning of the pandemic in antici pation
of an earlier reopening which did not occur. Although the barriers are no longer
required, staff recommends keeping them in place as a safety precaution
• Upgraded air filters to a higher rating of Merv 13 which trap smaller particles,
including virus particles
• Added two hours per day of operation to the HVAC system at City Hall for more
air filtration
• Increased the percentage of outside air used by the HVAC systems
• Purchased ion generating filtration for all the air handling units. These units break
down passing pollutants into harmless compounds and will be installed in July.
• Assisting with office moves and workspace reorganizations
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• Assisting with the implementation of a customer service/reception (“concierge”)
station at city hall
• Installation of directional arrows to guide customer paths of travel
• Installation of indoor and outdoor signage to direct customers to the correct
location
Also, while social distancing is no longer required, staff intends to limit the number of
customers at each counter using a queuing software managed by a customer service
reception desk. While some customers may have already scheduled an appointment,
other walk-in customers can be placed into a queue for the department they need to
visit. Use of this program will allow for a better flow of customers and ensure a safe
environment for both employees and customers as customers will not be stacking up in
the lobby. The customer service reception desk will have the most common forms,
applications, and information to provide to customers on the spot.
RELOCATION OF SERVICES
The Finance Department’s utility billing function has historically received the most in -
person customers at city hall. At this time, the Recreation Division will be moving across
the street to the Senior Center/Community Center complex where there is enough
space for the downsized Recreation team.
The Finance Department will be moving to the north wing of city hall where Recreation
was previously which allows for a dedicated customer service county/lobby area and
increased security which is important for the finance function. Building, Planning and
Engineering customers will continue to be directed to the counters in the central area of
city hall after checking in at the customer service/reception desk with an appointment
time or by addition to the queueing system. Other functions will receive customers via
the centralized customer service/reception desk.
The facility changes will establish a single point of entry for City Hall. Previously,
customers could enter at two points – near Recreation and near City Council chambers.
The single access point will now be the former Recreation entrance which will now be
Finance/Utility Billing.
TARGET DATES
July/August, 2021
Remaining employees returning to onsite work
Monday, August 30, 2021
Reopening of city offices to the public
Monday, September 13, 2021
City Council onsite for Council meeting with hybrid public
participation
October, 2021 Board, Commission & Committee meetings return to in-
person meetings (see below for additional information)
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CITY OFFICE HOURS
As the organization returns to the provision of in-person services, a phased approach
will be implemented to facilitate a smooth process.
Phase Estimated Time Frame Public Service Hours Days of Week
Phase One August 30 – December 231 8:30 a.m. – 4:30 p.m. Monday – Thursday;
Fridays by Appointment
Phase Two January 2 – June 30 7:00 a.m. – 6:00 p.m. Monday – Thursday;
Fridays by Appointment
Phase One hours are intended to activate the most utilized hours for customers while at
the same time allow staff a short pre-day and post-day time to complete work. Staff
believes that many customers will continue to utilize online services and these hours will
ensure that both in-person and virtual customers receive timely services. It is important
to recall that staffing levels in all departments are not at pre -COVID-19 levels. Fridays
plus the one hour of quiet time each day will assist staff in keeping up with the workload
while at the same time being available the bulk of the day for in-person customers.
Fridays will allow staff time to work on projects and other administrative work, however,
customer appointments can be scheduled as needed. The additional administrative
hours also allow employees to dedicate time to online services.
Phase Two hours contemplate a successful Phase One and the ability to expand office
hours to meet the needs of our customers. Some customers may prefer the early
morning hours while others may benefit from early evening hours. As wit h Phase One,
the Friday closure will allow staff to keep with the workload, work on projects and other
administrative work, and schedule customer appointments as needed. Further, during
Phase Two, for those employees who have more traditionally worked a Mo nday –
Friday, 8 a.m. – 5 p.m. schedule, staff is recommending a pilot program that includes
the option for a 9/80 work schedule for employees. A 9/80 work schedule means an
employee works four 9-hour workdays plus one 8-hour workday one week and then four
9-hour workdays the following week. Essentially, the work week breaks at the halfway
point of the 8-hour workday resulting in two forty-hour workweeks (no overtime).
The 9/80 work schedule is commonly offered in the public sector and the Friday closure
facilitates offering a pilot program with our current staffing levels. While alternative work
schedules such as the 9/80 and/or 4/10 are utilized in the police department, they have
not been widely utilized in other City departments as the depth of staffing on the off
days was not sufficient when city offices were open to the public.
1 Staff recommends that City offices continue to be closed for the holiday period of December 24 -January
1 as has been implemented in prior years for non-safety/non-essential city services. This time allows staff
to bring down leave balances and those employees working can focus on important projects and can
schedule customer appointments as needed for time sensitive services.
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However, with Fridays to be appointment only days, offering this schedule to employees
under a pilot program is a good option. Further, the expanded office hours Monday –
Thursday, 7 a.m. – 6 p.m. make up for the Friday public service hours. As such, staff
hopes this pilot program will be a positive experience for both customers and
employees.
BOARD/COMMISSION/COMMITTEE MEETINGS
As noted above, staff will be transitioning to in-person Board/Commission/Committee
meetings in October. This follows the Council’s September 13th return to meeting in-
person and allows staff to prepare for in-person meetings. Currently, staff is working to
implementing hybrid meeting options (virtual/in-person) for Council meetings to allow for
public participation both in-person and virtually. While most
Boards/Commissions/Committees wish to return to in-person meetings, a couple have
indicated a desire to continue meeting virtually.
At this time, staff is requesting feedback from the City Council regarding
Boards/Commissions/Committees so there is consistent information being provided by
staff. While virtual meetings have worked during the pandemic, they are not the ideal
way to interact with the community. Further, a few Board/Commission/Committee
members have struggled with the technology (computer, Wi-Fi, knowledge of software,
etc.) needed to participate virtually.
PUBLIC OUTREACH
At this time, staff is developing a variety of communication to be shared with the
community regarding the reopening of city offices and the provision of city services.
Regular messaging in both English and Spanish will be shared via a variety of
communication tools to get the word out the community regarding the city’s reopening
plans.
Furthermore, staff will be conducting customer surveys to ensure that the City is
providing services at times and days conducive to providing the best customer service
possible.
NEXT STEPS
Staff will continue preparation plans for the August 30th target reopening date. Over the
next two months, staff will utilize this is a great opportunity for the City to adjust its
operations and implement new customer service practices that take into consideration
the post-Covid environment, changes in customer behaviors and best utilize the Ciuty’s
smaller workforce.
Staff plans to survey customers for feedback to ensure we are meeting their needs and
to get feedback on our office hours. Staff plans to stay flexible and adjust as needed as
we work through the reopening process. Ultimately, our goal is to ensure we are
meeting the needs of our customers with our available resources.
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RECOMMENDATION
Staff recommends that the Council receive this report and provide staff direction and
feedback on the reopening plan.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution Authorizing Investment of Funds in the Local
Agency Investment Fund (LAIF)
Meeting Date: July 1, 2021
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a resolution of the Gilroy Public Facilities Financing Authority authorizing
investment of monies in the local agency investment fund (LAIF). (Roll Call Vote)
EXECUTIVE SUMMARY
Staff is recommending the approval and adoption of the resolution authorizing
investment of the Gilroy Public Facilities Financing Authority funds in the LAIF
(Attachment 1).
BACKGROUND
The City recently issued $50 million in wastewater revenue bonds to finance the South
County Regional Wastewater Authority (SCRWA) treatment plant expansion project.
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The construction of the project was awarded by the SCRWA board on May 5 and is
expected to commence soon. There is a need to deposit these funds until they are
expended.
ANALYSIS
To maintain quick access for cash flow purposes, while still earning interest, staff
recommends to temporarily invest the excess cash or the unspent bond proceeds in
LAIF. Participation in LAIF provides a safe, secure means to safeguard the Authority’s
monies while earning a competitive interest rate. The quick turnaround time for deposits
and withdrawals allows the Authority considerable flexibility in earning a return on
investment while still maintaining cash flow. The rate of return is comparable to what is
available on the open market.
LAIF requires a resolution from each participating agency as well as a list of the officers
allowed to conduct business with LAIF. Much like the City’s LAIF account, the officers
identified include the Authority’s Executive Director/City Administrator, Finance Director,
and the Finance Manager.
ALTERNATIVES
None recommended.
FISCAL IMPACT/FUNDING SOURCE
Authority’s funds will be deposited into this new LAIF account. LAIF administrat ive costs
are minimal and are assessed and deducted from quarterly interest earnings. For the
last several years, the actual quarterly costs have ranged from 0.3% to 1.4%.
Attachments:
1. GPFFA LAIF Resolution
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RESOLUTION NO. XXX
A RESOLUTION OF THE GILROY PUBLIC FACILITIES
FINANCING AUTHORITY AUTHORIZING INVESTMENT
OF MONIES IN THE LOCAL AGENCY INVESTMENT
FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under
Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of
investment by the State Treasurer; and
WHEREAS, the Board of Directors of the Gilroy Public Facilities Financing Authority
hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in
accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided
therein is in the best interests of the Gilroy Public Facilities Financing Authority;
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors hereby authorizes
the deposit and withdrawal of Gilroy Public Facilities Financing Authority monies in the Local
Agency Investment Fund in the State Treasury in accordance with Government Code section
16429.1 et. seq. for the purpose of investment as provided therein.
BE IT FURTHER RESOLVED, as follows:
Section 1. The following Gilroy Public Facilities Financing Authority officers holding the title(s)
specified herein below or their successors in office are each hereby authorized to order the deposit or
withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all
documents necessary or advisable in order to effectuate the purposes of this resolution and the
transactions contemplated hereby:
Jimmy Forbis Harjot Sangha Rosemary Guerrero
Executive Director/ Finance Director Finance Manager
City Administrator
Section 2. This resolution shall remain in full force and effect until rescinded by Board of
Directors by resolution and a copy of the resolution rescinding this resolution is filed with the
State Treasurer’s Office.
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Packet Pg. 246 Attachment: GPFFA LAIF Resolution (3374 : GPFFA - LAIF Resolution)
Gilroy Public Facilities Financing Authority
Resolution No. xx
Page 2 of 2
PASSED AND ADOPTED by the Gilroy Public Facilities Financing Authority at a
regular meeting held on the 1st day of July 2021 by the following vote.
AYES: Board Members:
NOES: Board Members:
ABSENT: Board Members:
APPROVED: ATTEST:
Marie Blankley, Chair LeeAnn McPhillips, Interim Secretary
CERTIFICATION
I, LeeAnn McPhillips, Secretary of the Gilroy Public Facilities Financing Authority,
do hereby certify that the foregoing is a true and correct copy of Resolution No. xx, adopted by
the Authority at a Regular Meeting held on July 1, 2021.
WITNESS MY HAND AND THE SEAL OF THE CITY OF GILROY.
DATE:
LeeAnn McPhillips, Interim Secretary
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Packet Pg. 247 Attachment: GPFFA LAIF Resolution (3374 : GPFFA - LAIF Resolution)