Loading...
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)) 3 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. 6.C Packet Pg. 19 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 06/21/2021 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. 6.C Packet Pg. 20 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 06/21/2021 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 6.C Packet Pg. 21 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 06/21/2021 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. 6.C Packet Pg. 22 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 06/21/2021 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. 6.C Packet Pg. 23 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 06/21/2021 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. 6.C Packet Pg. 24 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 9 City Council Meeting Minutes 06/21/2021 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 6.C Packet Pg. 25 Communication: 6-21-21 City Council Regular Meeting Minutes (CONSENT CALENDAR (ROLL CALL VOTE)) 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 7.A Packet Pg. 26 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, 7.A Packet Pg. 27 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. 7.A Packet Pg. 28 • 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. 7.A Packet Pg. 29 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 7.A Packet Pg. 30 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 7.A.a Packet Pg. 31 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3381 : Authorize City Administrator to purchase PD CAD/RMS system from 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 7.A.a Packet Pg. 32 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3381 : Authorize City Administrator to purchase PD CAD/RMS system from 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 7.A.a Packet Pg. 33 Attachment: Gilroy RIMS Quotation from Sun Ridge Systems v2a (3381 : Authorize City Administrator to purchase PD CAD/RMS system from 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 7.B Packet Pg. 35 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 7.B Packet Pg. 36 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. 7.B Packet Pg. 37 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) 7.B Packet Pg. 38 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 7.B.a Packet Pg. 39 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 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 7.B.a Packet Pg. 40 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 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 7.B.a Packet Pg. 41 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 1 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 42 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 2 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 43 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 3 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 44 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 4 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 45 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 5 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 46 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 6 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 47 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 7 4835-2267-0361v1 LAC\04706083 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”). 7.B.a Packet Pg. 48 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 8 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 49 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 9 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 50 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 10 4835-2267-0361v1 LAC\04706083 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; 7.B.a Packet Pg. 51 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 11 4835-2267-0361v1 LAC\04706083 • 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. 7.B.a Packet Pg. 52 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 12 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 53 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 13 4835-2267-0361v1 LAC\04706083 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, 7.B.a Packet Pg. 54 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 14 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 55 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- 15 4835-2267-0361v1 LAC\04706083 By: By: Name: Name: Title: Title: Social Security or Taxpayer Identification Number Approved as to Form ATTEST: City Attorney City Clerk 7.B.a Packet Pg. 56 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -1- 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 57 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -2- 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 58 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -3- 4835-2267-0361v1 LAC\04706083 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 7.B.a Packet Pg. 59 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -4- 4835-2267-0361v1 LAC\04706083 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. 7.B.a Packet Pg. 60 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES 7.B.a Packet Pg. 61 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -2- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE 7.B.a Packet Pg. 62 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -3- 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 7.B.a Packet Pg. 63 Attachment: 21-RFP-CDD-453 - On-Call Standard and Expedited Building Fire Plan Check and Inspection Services (3370 : 21-RFP-CDD-453 (On- -1- 4835-2267-0361v1 LAC\04706083 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. 7.B.b Packet Pg. 64 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -2- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 65 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -3- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 66 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -4- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 67 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -5- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 68 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -6- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 69 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -7- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 70 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -8- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 71 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 7.B.b Packet Pg. 72 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 73 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -2- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 74 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -3- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 75 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -4- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 76 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 77 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 78 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 7.B.b Packet Pg. 79 Attachment: DRAFT Agreement for Services - Bureau Veritas (On-Call Bldg and Fire Pln Check) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 80 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -2- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 81 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -3- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 82 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -4- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 83 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -5- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 84 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -6- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 85 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -7- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 86 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -8- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 87 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 7.B.c Packet Pg. 88 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 89 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -2- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 90 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -3- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 91 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -4- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 92 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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.c Packet Pg. 93 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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.c Packet Pg. 94 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 7.B.c Packet Pg. 95 Attachment: DRAFT Agreement for Services - 4Leaf (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call Bldg and Fire -1- 4835-2267-0361v1 LAC\04706083 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. 7.B.d Packet Pg. 96 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -2- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 97 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -3- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 98 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -4- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 99 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -5- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 100 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -6- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 101 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -7- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 102 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -8- 4835-2267-0361v1 LAC\04706083 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 7.B.d Packet Pg. 103 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 7.B.d Packet Pg. 104 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -1- 4835-2267-0361v1 LAC\04706083 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. 7.B.d Packet Pg. 105 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -2- 4835-2267-0361v1 LAC\04706083 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. 7.B.d Packet Pg. 106 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -3- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 107 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -4- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 108 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -1- 4835-2267-0361v1 LAC\04706083 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 Packet Pg. 109 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call -1- 4835-2267-0361v1 LAC\04706083 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.d Packet Pg. 110 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 7.B.d Packet Pg. 111 Attachment: DRAFT Agreement for Services - CSG Consultants (On-Call Bldg and Fire Pln Check and Insp) (3370 : 21-RFP-CDD-453 (On-Call 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. 8.A Packet Pg. 112 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 8.A Packet Pg. 113 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 8.A Packet Pg. 114 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 98 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 99 PONCE, ANALILIA 8179 FOREST ST FARIA,JOSE E ETAL 9238 CALLE DEL REY GILROY CA 95020 18993 1165539 841-64-077 313.28 3.13 316.42 100 PROPHET, APRIL 5452 MESA ROAD PROPHET,APRIL A & DANIEL B 5452 MESA RD GILROY CA 95020 18879 995076 810-30-041 104.61 1.05 105.67 101 PUA, SUSHMITA 7350 PRINCEVALLE ST PUA,LEONA 9087 SAN JUAN CT GILROY CA 95020 19149 1305929 799-17-013 234.22 2.34 236.57 102 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 2.09 211.32 103 QIN, CHE 2465 MUIRFIELD WY ZHENG,WEIQING 2465 MUIRFIELD WAY GILROY CA 95020 18968 1128586 810-54-016 104.61 1.05 105.67 104 QUINBY, BEVERLY 7432 HOYLAKE CT QUINBY,PETE & BEVERLY J 7432 HOYLAKE CT GILROY CA 95020 18747 370007 810-50-040 416.24 4.16 420.41 105 RAE, CHRISTY 7560 DOWDY STREET #A A FURNANZ,GEORGE 7560 DOWDY ST GILROY CA 95020 19125 1285790 799-19-050 231.03 2.31 233.35 106 RAM, KAMINI 1720 HEMLOCK CT GARCIA,GABRIEL 1720 HEMLOCK CT GILROY CA 95020 19222 1371244 783-71-035 150.12 1.50 151.63 107 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 4.16 420.41 108 RAMIREZ, TINA 7916 KIPLING CIR RAMIREZ,ALFREDO & ESTRELLA C 1045 W LATIMER AVE CAMPBELL CA 95008 19001 1176288 808-44-032 313.28 3.13 316.42 109 RESURRECCION, KRIS 120 CHURCHILL PLACE RESURRECCION,KRIS F & DOMINGO 120 CHURCHILL PL GILROY CA 95020 19004 1176833 799-46-029 150.12 1.50 151.63 110 REYES, JORDAN M. 1372 MANTELLI DRIVE REYES,JORDAN 1372 MANTELLI DR GILROY CA 95020 19089 1254044 783-22-063 313.28 3.13 316.42 111 REYES, MINDY 1025 SPRIG WAY FILICE,CRAIG P 7888 WREN AVE D143 GILROY CA 95020 18988 1159417 783-76-001 104.61 1.05 105.67 112 RIVERA-PELINO, PATRICIA 9135 JARDIN WAY PELINO,PATRICIA RIVERA TR 9135 JARDIN WAY GILROY CA 95020 18858 957068 790-16-258 104.61 1.05 105.67 113 ROMERO, BRIAN 8390 CARMEL STREET ROMERO,BRIAN K 8390 CARMEL ST GILROY CA 95020 18683 144261 790-34-008 96.24 0.96 97.21 114 RUIZ, JOE 740 WELBURN AVENUE MCDONALD,DIANA PO BOX 1325 GILROY CA 95021 18715 200790 790-24-031 416.24 4.16 420.41 115 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 1.05 105.67 116 SANDERS, DEAN ALLEN 1555 ZEPHYR PLACE SANDERS,DEAN A 1555 ZEPHYR PL GILROY CA 95020 19183 1340124 808-55-002 104.61 1.05 105.67 117 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 1.55 156.98 118 SARDAM, TAMMY 9746 LAREDO WY JORSTAD,LAURENCE F & TERRI L E 8700 SATTERLEE LN GILROY CA 95020 19052 1220185 783-67-042 313.28 3.13 316.42 119 SCAGLIOTTI, R. J 753 CARLA WAY SCAGLIOTTI,JUDITH K 753 CARLA WAY GILROY CA 95020 18682 142729 790-19-023 150.12 1.50 151.63 120 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 1.05 105.67 121 SIGALA, BOB 9555 SANTA TERESA BLVD SIGALA,PAUL G & IRENE R 18433 MILFORD DR LOCKEFORD CA 95237 18938 1091172 783-20-051 416.24 4.16 420.41 122 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 1.04 104.89 124 SOLORIO, FREDDY 8337 GAUNT AVENUE SOLORIO,FREDDY 8337 GAUNT AVE GILROY CA 95020 18891 1007343 790-02-005 416.24 4.16 420.41 125 SUTHERLAND, KRISTINA 8417 WAYLAND LANE REYNOSO,JOSE JR ETAL 8417 WAYLAND LN GILROY CA 95020 19184 1341619 790-25-013 416.24 4.16 420.41 126 SYDDALL, PERCY 2104 CRUDEN BAY WAY SYDDALL,TUPOU 2104 CRUDEN BAY WAY GILROY CA 95020 18807 659599 810-48-072 403.64 4.04 407.69 127 TANEDO, ERIC 19 LUSITANO WAY TANEDO,ERIC ETAL 19 LUSITANO WAY GILROY CA 95020 19002 1176510 808-49-016 104.61 1.05 105.67 128 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 2.13 215.39 129 THUNDERBULL, KIM 9369 LONE DEER JORSTAD,LAURENCE F & TERRI L T 8700 SATTERLEE LN GILROY CA 95020 18964 1122910 783-49-032 150.42 1.50 151.93 130 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 5.89 594.89 131 TOSCANO, RENE 1100 3RD ST TOSCANO,RENE 1100 3RD ST GILROY CA 95020 18714 197442 808-06-069 104.61 1.05 105.67 132 TRAN, RACHEAL 3030 CLUB DR TRAN,RACHEL 3030 CLUB DR GILROY CA 95020 18839 901587 810-56-001 209.22 2.09 211.32 133 TREVINO, MARISA 501 WELBURN TREVINO,EUGENE & MARISA 501 WELBURN AVE GILROY CA 95020 19031 1199975 790-30-077 300.24 3.00 303.25 134 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 4.16 420.41 135 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 66.91 136 VASQUEZ, JOHN PAUL 8901 ACORN WAY SHEN,PHILLIP 1742 TARRAGON DR GILROY CA 95020 19187 1343169 783-71-052 415.38 4.15 419.54 137 VEGA, RAUL & MARISOL 951 CASCIANO CR VEGA,RAUL ETAL 951 CASCIANO CIR GILROY CA 95020 18770 501072 790-58-078 418.37 4.18 422.56 138 VERGARA, JOE 9153 RANCHO HILLS DR VERGARA LIVING TRUST 9153 RANCHO HILLS DR GILROY CA 95020 18778 526988 783-44-044 300.24 3.00 303.25 139 VILLA, EWELINA 1511 LONGMEADOW CT VILLA,RIQUE A 1511 LONGMEADOW CT GILROY CA 95020 18942 1098656 783-75-018 462.85 4.63 467.49 140 VILLA, JOSE 2165 PERIWINKLE DR VILLA,JOSE 2165 PERIWINKLE DR GILROY CA 95020 18984 1153311 783-46-030 196.80 1.97 198.78 141 VILLANUEVA, ALEJANDRA 7000 SPUMANTE WAY VILLANUEVA,ALEJANDRA 7000 SPUMANTE WAY GILROY CA 95020 19193 1347210 808-56-065 407.66 4.08 411.75 142 WALTON, JAMIE 180 SHIRE STREET HA,QUYENH 180 SHIRE ST GILROY CA 95020 19053 1222512 808-48-122 199.57 2.00 201.58 Page2 of 3 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 $County Fee 1%Total 143 WOOD, KAMALA 915 SUMMERHILL CR XUE,YUANNONG 915 SUMMERHILL CIR GILROY CA 95020 18991 1164896 790-55-014 104.61 1.05 105.67 144 WRIGHT, JONATHAN 6495 SUSSEX PLACE HOLCOMB,JAMES ETAL 6495 SUSSEX PL GILROY CA 95020 18961 1119874 799-45-010 209.22 2.09 211.32 145 YARDLEY, SHERYL 851-B EL CERRITO WAY B PELLICCIONE,LINDA & DIANA TR E 851 EL CERRITO WAY GILROY CA 95020 18831 864876 790-22-006 385.64 3.86 389.51 146 ZANGER, CHARLES 7671 PRINCEVALLE ST ZANGER,CHARLES 7671 PRINCEVALLE ST GILROY CA 95020 18919 1058213 799-23-027 104.61 1.05 105.67 147 ZARCO-AGUILAR, YURITZY 8887 LILLY AVENUE AGUILAR,YURITZY Z ETAL 8887 LILLY AVE GILROY CA 95020 19015 1186055 790-15-046 137.87 1.38 139.26 35,515.73$ 355.14$ 35,872.34$ Page3 of 3 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. 8.B Packet Pg. 125 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 8.B Packet Pg. 126 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. 8.B Packet Pg. 127 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 8.B Packet Pg. 128 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 9.A Packet Pg. 132 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) 9.A Packet Pg. 133 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: 9.A.a Packet Pg. 135 Attachment: Final Ordinance Article XXXIV (Fences and Obstructions) (3384 : Adopt an Ordinance to allow Monitored Perimeter Security Fence 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. 9.A.a Packet Pg. 136 Attachment: Final Ordinance Article XXXIV (Fences and Obstructions) (3384 : Adopt an Ordinance to allow Monitored Perimeter Security Fence 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 9.B Packet Pg. 138 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. 9.B Packet Pg. 139 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 9.B Packet Pg. 140 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 9.B Packet Pg. 141 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 9.B.a Packet Pg. 142 Attachment: CC Resolution Garlic Farm exemption (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa) 2 RESOLUTION NO. 2021-XX 4826-0592-0749v2 ALF\04706089 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 9.B.a Packet Pg. 143 Attachment: CC Resolution Garlic Farm exemption (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa) 3 RESOLUTION NO. 2021-XX 4826-0592-0749v2 ALF\04706089 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 9.B.a Packet Pg. 144 Attachment: CC Resolution Garlic Farm exemption (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa) 4 RESOLUTION NO. 2021-XX 4826-0592-0749v2 ALF\04706089 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. 9.B.b 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 9.B.b Packet Pg. 147 Attachment: 5-10-21 Staff Report (3343 : Exemption from the 60-day length of stay requirement for the Garlic Farm RV Pa) 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. 9.C Packet Pg. 148 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 Packet Pg. 149 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. 9.C Packet Pg. 150 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. 10.A Packet Pg. 151 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: 10.A Packet Pg. 152 • 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. 10.A Packet Pg. 153 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 10.B Packet Pg. 154 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. 10.B Packet Pg. 155 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. 10.B Packet Pg. 156 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 10.B Packet Pg. 157 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 10.B.a Packet Pg. 158 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public i 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 10.B.a Packet Pg. 159 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public ii 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 10.B.a Packet Pg. 160 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public iii 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 10.B.a Packet Pg. 161 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 1 - 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 10.B.a Packet Pg. 162 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 2 - 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.” 10.B.a Packet Pg. 163 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 3 - 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: 10.B.a Packet Pg. 164 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 4 - 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). 10.B.a Packet Pg. 165 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 5 - 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). 10.B.a Packet Pg. 166 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 6 - THIS PAGE INTENTIONALLY LEFT BLANK 10.B.a Packet Pg. 167 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 7 - 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 10.B.a Packet Pg. 168 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 8 - 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. 10.B.a Packet Pg. 169 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 9 - 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). 10.B.a Packet Pg. 170 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 6 - 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 10.B.a Packet Pg. 171 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 7 - 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. 10.B.a Packet Pg. 172 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 8 - City of Cupertino Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 173 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 9 - 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. 10.B.a Packet Pg. 174 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 16 - City of Gilroy Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 175 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 17 - 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. 10.B.a Packet Pg. 176 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 18 - City of Los Altos Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 177 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 19 - 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. 10.B.a Packet Pg. 178 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 20 - Town of Los Altos Hills Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 179 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 21 - 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. 10.B.a Packet Pg. 180 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 22 - Town of Los Gatos Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 181 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 23 - 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. 10.B.a Packet Pg. 182 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 24 - City of Milpitas Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 183 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 25 - 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. 10.B.a Packet Pg. 184 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 26 - City of Morgan Hill Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 185 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 27 - 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. 10.B.a Packet Pg. 186 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 28 - City of Mountain View Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 187 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 29 - 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. 10.B.a Packet Pg. 188 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 30 - City of Palo Alto Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 189 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 31 - 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. 10.B.a Packet Pg. 190 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 32 - City of San José Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 191 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 33 - 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. 10.B.a Packet Pg. 192 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 35 - City of Santa Clara Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 193 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 36 - 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. 10.B.a Packet Pg. 194 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 37 - City of Saratoga Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 195 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 38 - 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. 10.B.a Packet Pg. 196 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 39 - City of Sunnyvale Flood Insurance Data (as of 11/02/20) Insurance by Occupancy Insurance by Zone 10.B.a Packet Pg. 197 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 40 - 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 10.B.a Packet Pg. 198 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 41 - 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 10.B.a Packet Pg. 199 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 42 - 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. 10.B.a Packet Pg. 200 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 43 - 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. 10.B.a Packet Pg. 201 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 44 - 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. 10.B.a Packet Pg. 202 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 45 - 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 10.B.a Packet Pg. 203 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 46 - 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. 10.B.a Packet Pg. 204 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 47 - 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. 10.B.a Packet Pg. 205 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 48 - 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. 10.B.a Packet Pg. 206 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 49 - 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 10.B.a Packet Pg. 207 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 50 - 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 10.B.a Packet Pg. 208 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 51 - • 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. 10.B.a Packet Pg. 209 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 52 - 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 10.B.a Packet Pg. 210 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 53 - 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. 10.B.a Packet Pg. 211 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 54 - 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 10.B.a Packet Pg. 212 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 55 - 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 10.B.a Packet Pg. 213 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 56 - 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 10.B.a Packet Pg. 214 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 57 - 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 10.B.a Packet Pg. 215 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 58 - 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 10.B.a Packet Pg. 216 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 59 - 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 10.B.a Packet Pg. 217 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 60 - 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) 10.B.a Packet Pg. 218 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 61 - 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. 10.B.a Packet Pg. 219 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 62 - 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 10.B.a Packet Pg. 220 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 63 - 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. 10.B.a Packet Pg. 221 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 64 - 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. 10.B.a Packet Pg. 222 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 65 - 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. 10.B.a Packet Pg. 223 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 66 - - 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 10.B.a Packet Pg. 224 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 67 - 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. 10.B.a Packet Pg. 225 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 68 - 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. 10.B.a Packet Pg. 226 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 78 - 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 10.B.a Packet Pg. 227 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 79 - 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. 10.B.a Packet Pg. 228 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 80 - 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 10.B.a Packet Pg. 229 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 81 - 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. 10.B.a Packet Pg. 230 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 82 - - 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. 10.B.a Packet Pg. 231 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 83 - 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 10.B.a Packet Pg. 232 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 84 - - 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. 10.B.a Packet Pg. 233 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 85 - 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 10.B.a Packet Pg. 234 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 86 - 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. 10.B.a Packet Pg. 235 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public - 87 - 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 10.B.a Packet Pg. 236 Attachment: 2021 Santa Clara County Multi-Jurisdictional PPI (3296 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for Public 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 10.C Packet Pg. 237 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 10.C Packet Pg. 238 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 10.C Packet Pg. 239 • 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) 10.C Packet Pg. 240 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. 10.C Packet Pg. 241 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. 10.C Packet Pg. 242 RECOMMENDATION Staff recommends that the Council receive this report and provide staff direction and feedback on the reopening plan. 10.C Packet Pg. 243 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. 1 Packet Pg. 244 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 1 Packet Pg. 245 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. 1.a 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 1.a Packet Pg. 247 Attachment: GPFFA LAIF Resolution (3374 : GPFFA - LAIF Resolution)