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2020-09-21 City Council Regular Meeting Agenda Packet
September 17, 2020 10:07 AM City Council Regular Meeting Agenda Page1 MAYOR Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, SEPTEMBER 21, 2020 CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org. THE SEPTEMBER 21, 2020 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 Council Agendas and Videos button from 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, CALL ONE OF THE PHONE NUMBERS LISTED BELOW, 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 c omments 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 CLERK PRIOR TO THE MEETING TO shawna.freels@cityofgilroy.org OR MAILED TO: GILROY CITY CLERK, 7351 ROSANNA STREET, GILROY, CA. 95020, TO BE DISTRIBUTED TO THE COUNCIL MEMBERS AND BE INCORPORATED INTO THE 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 Call in for Public Comment 1 (669) 900-9128 1 (346) 248-7799 1 (253) 215-8782 Meeting ID: 982 7048 5926 Password: 193724 City Council Regular Meeting Agenda 09/21/2020 Page2 limited to raising only those issues you or someone else raised at the public hearing 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 and 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 con ducted 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 or shawna.freels@cityofgilroy.org 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 II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations III. PRESENTATIONS TO THE COUNCIL City Council Regular Meeting Agenda 09/21/2020 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: shawna.freels@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 09/21/2020 Page4 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority Board, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co. Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council -SCRWA- Board Water Resources Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA (alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority Board, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silic on Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee (alternate), Sant a Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Joint Planning Advisory Committee, South County Regional Wastewater Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) 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 mo tion. 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 09/21/2020 Page5 A. Opening of the Annual Recruitment Period for Boards, Commissions and Committees With Member Terms Expiring December 31, 2020 B. Approval of the 2021 City Council Regular Meeting Schedule C. Approval of the Update to the Gilroy Conflict of Interest Code During Biennial Review D. Approval of a Notice of Acceptance of Completion for the Downtown Monterey Road Rehabilitation Project No. 18-PW-400, Federal Project No. RSTP/STPL-5034(027) E. Approval of the Final Map and Property Improvement Agreement No. 2020 - 02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Development, Tract 10250, APN's 808-18-003, 808-18-024, 808-18-025, and 808-18-026 F. Approval of the Final Map and Property Improvement Agreement No. 2020 - 01 for Glen Loma Ranch Town Center Multi-Family Development, Tract 10472, APN's 808-19-024, 808-19-010 (portion) and 808-18-003 G. Adoption of a Resolution of the City Council of the City of Gilroy Approving a Blue Star Memorial Plaque VII. BIDS AND PROPOSALS A. Award of Contract in the Amount of $241,396 to BKF Engineers for the Design of the Eigleberry and Seventh Street Parking Lot Project No. 20- RFP-PW-444 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Award a contract in the amount of $241,396 to BKF Engineers for the design of the Eigleberry and Seventh Street parking lot Project No. 20-RFP-PW -444, and authorize the Interim City Administrator to execute the contract and associated documents. B. Award of Contract in the Amount of $289,060 to Safety Network Traffic Signs, Inc. for the Citywide Sign Replacement Project No. 21-PW-259 and Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $289,060 City Council Regular Meeting Agenda 09/21/2020 Page6 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2020-2021 and appropriating proposed expenditure amendments. b) Award a contract to Safety Network Traffic Signs, Inc. in the amount of $289,060 for the construction of the citywide sign replacement project, No. 21-PW -259, and authorize the Interim City Administrator to execute the contract and associated documents. VIII. PUBLIC HEARINGS - NONE IX. UNFINISHED BUSINESS A. Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Receive report. B. Appointment of Members to the Youth Commission With Terms Ending September 30, 2021 and September 30, 2022 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Appoint one Youth Commission member to a term ending September 30, 2021 and six members to terms ending September 30, 2022. C. Approval of Guidelines on the Role of Elected Officials During Emergency Operations for Inclusion in the City Emergency Operations Plan 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Approve guidelines on the role of elected officials during emergency operations for inclusion in the City emergency operations plan. X. INTRODUCTION OF NEW BUSINESS A. Approval of the Gilroy 150th Anniversary Committee Request to Install an El Camino Real Bell and Plaque in the Historic Downtown District in Celebration of the City's Sesquicentennial City Council Regular Meeting Agenda 09/21/2020 Page7 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy approving the installation of an El Camino Real Bell and plaque in downtown Gilroy to commemorate the 150th anniversary of the incorporation of the City of Gilroy . B. Approval of the Establishment of a City Council Ad Hoc Subcommittee to Address the City's Homeless Issue and Appoint Members to Serve on the Subcommittee 1. Staff Report: Jimmy Forbis, Interim City Administrator 2. Public Comment 3. Possible Action: Approve the establishment of a Homelessness Ad Hoc Subcommittee of Council, and appoint up to three City Council Members to serve on the subcommittee. C. Consent to the Appointment of James B. Wyatt, Jr. as Fire Chief 1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager 2. Public Comment 3. Possible Action: Consent to the Interim City Administrator’s recommendation to appoint James B. Wyatt, Jr. to the Department Head position of Fire Chief. D. Consent to the Appointment of Pedro Espinoza as Police Chief 1. Staff Report: LeeAnn McPhillips, Human Resources Director/Risk Manager 2. Public Comment 3. Possible Action: Consent to the Interim City Administrator’s recommendation to appoint Pedro Espinoza to the Department Head position of Police Chief. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2); Employee Name/Title: Shawna Freels, City Clerk B. PUBLIC EMPLOYEE PERFORMANCE EVALU ATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2); Employee Name/Title: Jimmy Forbis, Interim City Administrator 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION City Council Regular Meeting Agenda 09/21/2020 Page8 Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES SEPTEMBER, 2020 21* Regular Meeting - 6:00 p.m. 28* Special Meeting/Study Session - 6:00 p.m. OCTOBER, 2020 5* Regular Meeting - 6:00 p.m. 19* Regular Meeting - 6:00 p.m. NOVEMBER, 2020 2* Regular Meeting - 6:00 p.m. 16* Regular Meeting - 6:00 p.m. DECEMBER, 2020 7* Regular Meeting - 6:00 p.m. 14* Special Meeting/Interviews - 6:00 p.m. City of Gilroy STAFF REPORT Agenda Item Title: Opening of the Annual Recruitment Period for Boards, Commissions and Committees With Member Terms Expiring December 31, 2020 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Suzanne Guzzetta Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability Public Engagement RECOMMENDATION Open a nine week recruitment period to fill full-term seats on City Boards, Commissions and Committees that will be vacant as of December 31, 2020. BACKGROUND There are 11 Boards, Commissions and Committees with full term seats that will be vacant as of December 31, 2020. Annually, the City Council opens a city-wide recruitment to solicit applications to fill upcoming vacancies. Included is a recruitment flyer with a full listing of these pending vacancies, including the functions and meeting schedules of each of these policy bodies. 6.A Packet Pg. 9 CONCLUSION Staff recommends opening a ten-week recruitment period from September 22, 2020 through December 1, 2020, to compile applications for these pending vacancies. Interviews with all applicants will be scheduled at the December 7, 2020 regular meeting, and appointments will take place at the January 4, 2020 regular meeting. PUBLIC OUTREACH A thorough public outreach campaign to fill these pending v acancies is planned with flyers being distributed in house and through social media, electronic newsletters and the City website as well as to all partner organizations of the City. In addition, the City Clerk’s Office is working with board, commission, and committee chairs and staff to develop additional outreach opportunities utilizing social media. Attachments: 1. 2021 Annual Recruitment Flyer - QR 6.A Packet Pg. 10 AArrttss && CCuullttuurree CCoommmmiissssiioonn –– 44 sseeaattss BBiiccyyccllee PPeeddeessttrriiaann CCoommmmiissssiioonn –– 22 sseeaattss BBuuiillddiinngg BBooaarrdd ooff AAppppeeaallss –– 22 sseeaattss HHiissttoorriicc HHeerriittaaggee CCoommmmiitttteeee –– 22 sseeaattss HHoouussiinngg aanndd NNeeiigghhbboorrhhoooodd RReevviittaalliizzaattiioonn CCoommmmiitttteeee –– 44 sseeaattss LLiibbrraarryy CCoommmmiissssiioonn –– 22 sseeaattss OOppeenn GGoovveerrnnmmeenntt CCoommmmiissssiioonn –– 33 sseeaattss PPaarrkkss && RReeccrreeaattiioonn CCoommmmiissssiioonn –– 22 sseeaattss PPeerrssoonnnneell CCoommmmiissssiioonn –– 11 sseeaatt PPhhyyssiiccaallllyy CChhaalllleennggeedd BBooaarrdd ooff AAppppeeaallss –– 11 sseeaatt PPllaannnniinngg CCoommmmiissssiioonn –– 11 sseeaatt BBooaarrdd aanndd CCoommmmiissssiioonn OOppeenn SSeeaattss AAPPPPLLYY NNOOWW ffoorr 22002200 OOppeenniinnggss!! Applications are available online www.cityofgilroy.org and at City Hall City Council will interview applicants the evening of Monday, December 7, 2020 during the City Council Meeting in Council Chambers at City Hall, 7351 Rosanna Street. Applications may be submitted to: shawna.freels@cityofgilroy.org or suzanne.guzzetta@cityofgilroy.org, or by mail to: City Clerk’s Office, 7351 Rosanna Street, Gilroy, CA 95020, and must be received by Tuesday, December 1, 2020 at 5:00 p.m. Call (408) 846-0204 or (408) 846-0469 with questions. 6.A.a Packet Pg. 11 Attachment: 2021 Annual Recruitment Flyer - QR (2979 : Annual Recruitment) Arts & Culture Commission – 4 seats (3 term ending 12/31/2024; 1 unexpired term ending 12/31/2022) This seven (7) member body advises Recreation Staff and the City Council on matters pertaining to cultural and artistic activities to encourage, promote and stimulate the growth of broad-based arts in the community, and meets the 2nd Tuesday of each month at 5:30 p.m. Bicycle Pedestrian Commission – 2 seats (term ending 12/31/2024) This five (5) member Commission advises the City Council and staff on matters related to bicycle and pedestrian activities and issues of concern. Meetings are held the 4th Tuesday of the month at 6:00 p.m. Building Board of Appeals – 2 seats (term ending 12/31/2023) This Board addresses matters pertaining to building and construction and hears all building appeals. The Board is comprised of five (5) people qualified by experience and training, with one public member, and meets as needed. Historic Heritage Committee – 2 seats (1 term ending 12/31/2022, 1 unexpired term ending 12/31/2021) This five (5) member body acts as an advisory board to the City Council and Planning Commission on issues relating to the identification, protection, retention and preservation of historic sites and neighborhoods of the City, and meets the 3rd Wednesday of each month at 5:30 p.m. Housing and Neighborhood Revitalization Committee – 4 seats (3 terms ending 12/31/2024; 1 unexpired term ending 12/31/2022); This seven (7) member body of community stakeholders is tasked with reviewing housing policies and programs, making recommendations to staff and the City Council on housing-related matters, act in an advisory capacity to the Housing and Community Development Division on matters pertaining to CDBG and HTF funding including studying the needs of the Neighborhood Revitalization Strategy, and making annual recommendations for program funding awards. Meetings are held quarterly on the 2nd Wednesday of the month at 6:00 p.m. Library Commission – 2 seats (term ending 12/31/2024) Comprised of five (5) members, this Commission serves as an advisory and liaison body to the City Council, staff and the City Librarian on matters concerning the Library, and meets the 2nd Wednesday of the month at 7:00 p.m. Open Government Commission – 3 seats (terms ending 12/31/2024) This five (5) member Commission is tasked with oversight in ensuring that citizens of Gilroy are provided with greater access to information to ensure governmental transparency. They advise the City Council and city staff on appropriate ways in which to uphold and enforce Chapter 17A of the City Code, commonly known as the “Gilroy Open Government Ordinance”, and acts as an appeal body for public requests for records if the records are denied by staff. This Commission meets quarterly in the Council Chambers at City Hall. Parks & Recreation Commission – 1 seat (terms ending 12/31/24) This seven (7) member body advises the City Council, the Planning Commission and staff on matters pertaining to public parks, urban forestry and recreation in the advancement of park and recreation planning and programming. Meetings are held the 3rd Tuesday of each month at 6:00 p.m. Physically Challenged Board of Appeals – 1 seat (term ending 12/31/2024) Comprised of five (5) members, this body conducts hearings regarding enforcement of public accommodations for the physically challenged, and discusses items of interest to the physically challenged. Meetings are held at 10:00 a.m. on the 2nd Tuesday of the months of January/April/July/October. Planning Commission – 1 seat (terms ending 12/31/2024) This seven (7) member body acts as an advisory body to the Council in the review of planning applications for land use entitlements including subdivisions, planned unit developments, zone changes, conditional use permits and variances, and participates in comprehensive planning studies. Meetings are held the 1st Thursday of each month at 6:30 p.m. 6.A.a Packet Pg. 12 Attachment: 2021 Annual Recruitment Flyer - QR (2979 : Annual Recruitment) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the 2021 City Council Regular Meeting Schedule Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Roland Velasco Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the 2021 schedule of regular City Council meetings. BACKGROUND City Charter Section 408 requires regular meetings of the City Council to be set by ordinance, with no less than one regular meeting held per month. Gilroy City Code Section 2.13 establishes regular meetings of the City Council on the first and third Mondays of each month at 6:00 p.m. If the day fixed for a regular meeting of the Council falls on a day designated as a legal or national holiday, the meeting shall then be held at the same hour on the next Monday. If said Monday is also a legal or national holiday, the Council meeting shall be held the next weekday not a holiday following said Monday. 6.B Packet Pg. 13 The single exception to this is the month of July as only one regular meeting is to be calendared for the month of July, to be held on the first day of the month that is not a holiday, Friday, Saturday or Sunday. CONCLUSION Included is a proposed calendar of 2021 regular City Council meetings following these guidelines. It is recommended that the City Council approve the schedule of 2021 regular meetings. Attachments: 1. 2021 City Council Regular Meeting Schedule 6.B Packet Pg. 14 2021 GILROY CITY COUNCIL MEETING SCHEDULE Gilroy City Council Chambers 7351 Rosanna Street, Gilroy, CA 6:00 p.m. Monday, January 4, 2021 Monday, January 18, 2021 (City Holiday, MOVED to January 25, 2021)* Monday, January 25, 2021* Monday, February 1, 2021 Monday, February 15, 2021 (City Holiday, MOVED to February 22, 2021)* Monday, February 22, 2021* Monday, March 1, 2021 Monday, March 15, 2021 Monday, April 5, 2021 Monday, April 19, 2021 Monday, May 3, 2021 Monday, May 17, 2021 Monday, June 7, 2021 Monday, June 21, 2021 Thursday, July 1, 2021 Monday, August 2, 2021 Monday, August 16, 2021 Monday, September 6, 2021 (City Holiday, MOVED to September 13, 2021)* Monday, September 13, 2021* Monday, September 20, 2021 Monday, October 4, 2021 Monday, October 18, 2021 Monday, November 1, 2021 Monday, November 15, 2021 Monday, December 6, 2021 * If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regular meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday For approval: 9/21/2021 6.B.a Packet Pg. 15 Attachment: 2021 City Council Regular Meeting Schedule (2998 : 2020 Council Meeting Schedule) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Update to the Gilroy Conflict of Interest Code During Biennial Review Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Adoption of a resolution of the City Council of the City of Gilroy in review of the Gilroy Conflict of Interest Code pursuant to its biennial review. BACKGROUND The City of Gilroy has adopted the terms of California Code of Regulations, Regulati on 18730 and amendments, as the Conflict of Interest Code of the City of Gilroy pursuant to the California Political Reform Act. The Political Reform Act requires each agency to update its Conflict of Interest Code biennially, each even year, if necessary , to ensure that the local code accurately designates all positions that make or participate in the making of governmental decisions, and that the disclosure categories assigned to those positions accurately obligates the filer to disclose all investments, business positions, 6.C Packet Pg. 16 interests in real property, and sources of income that may foreseeably be affected materially by the decisions they make in their position. Three new position titles have been developed or modified during the past two years creating positions with responsibilities which require them to be added to the Gilroy Conflict of Interest Code due to the nature of the work performed and level of governmental decision making. As such, staff recommends that these positions be included as designated positions within the City’s Conflict of Interest Code, requiring the employees in these positions to disclose economic interests. ANALYSIS If a position requires an employee to: manage public investments; negotiate, without significant substantive review, with a governmental entity or private person regarding a governmental decision; approve a rate, rule or regulation; issue, deny, suspend or revoke a permit, license, or similar authorization or entitlement; or advise or make recommendations to the decision maker either directly or without significant intervening substantive review, by: (1) conducting research or making any investigation which requires the exercise of judgment on the part of the official and the purpose of which is to influence a governmental decision; or (2) preparing or presenting any report, analysis, or opinion, orally, or in writing, which requires the exercise of judgment on the part of the official and the purpose of which is to influence a governmental decision referenced in Title 2, California Code of Regulations, section 18701(a)(2)(A), then the position shall be included as a designated position in the agency’s conflict of interest code. Staff has evaluated all new and amended positions during the last two years and has identified three positions to add to the City’s Code: Economic Development Manager Program Administrator Customer Service Manager Based on the level of responsibilities and nature of the work performed, the recommended disclosure categories for these positions ar e as follows: Position: Economic Development Manager (category 1) Program Manager (category 1) Customer Service Manager (category 1) 6.C Packet Pg. 17 Disclosure Category Description: Category 1: All designated employees in this category shall disclose all sources of inco me, all interests in real property in the City of Gilroy, all investments and all business positions in business entities in which he or she is a director, officer, partner, trustee or employee or holds any position of management. Category 2: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Gilroy. Category 3: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee’s department or division. Category 4: All designated employees in this category shall disclose all investments, business positions and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Gilroy. CONCLUSION Staff recommends the Council adopt the update to the City conflict of interest code to incorporate these three additional positions. Attachments: 1. Resolution 2020 COI Code 6.C Packet Pg. 18 1 RESOLUTION 2020-XX RESOLUTION 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN REVIEW OF THE CITY OF GILROY CONFLICT OF INTEREST CODE PURSUANT TO ITS BIENNIAL REVIEW WHEREAS, the Political Reform Act (“Act”), Government Code Section 81000 et seq., requires state and local agencies to adopt and promulgate conflict of interest codes, and the City of Gilroy (“City”) is an agency subject to this statute; and WHEREAS, the City Council of the City of Gilroy has reviewed the included 2018 Conflict of Interest Code pursuant to the Act as required biennially, and has found the need to amend the Code as attached in “Exhibit A”, adding three new position titles to the Conflict of Interest Code: Economic Development Manager, Program Administrator and Customer Service Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby approve the attached City of Gilroy Conflict of Interest Code . PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 21st day of September, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ________________________ Roland Velasco, Mayor ATTEST: _________________________ Shawna Freels, City Clerk 6.C.a Packet Pg. 19 Attachment: Resolution 2020 COI Code (2975 : COI Update 2020) 2 RESOLUTION 2020-XX EXHIBIT A POSITIONS DESIGNATED BY STATUTE (87200) POSITION DISCLOSURE CATEGORY City Council Member 1 Planning Commission Member 1 City Administrator (Manager) 1 City Attorney 1 City Treasurer 1 DESIGNATED POSITIONS DESIGNATED POSITIONS DISCLOSURE CATEGORY Assistant City Administrator 1 Assistant Finance Director 1 Assistant City Attorney 1 Budget Analyst 1 Building Board of Appeals Members 1 Building Field Services Manager 4 Building Official 4 Building Plan Check Engineer 4 Chief of Police 1 City Clerk 1 City Engineer/Transportation Engineer 1 Community Development Director 1 Consultants* 1 Customer Service Manager 1 Development Center Manager 1 Deputy City Clerk 2 Deputy Director of Community Development 1 Deputy Director of Public Works – Operations 1 Deputy Fire Marshal 4 Environmental Programs Manager 2 Economic Development Manager Facilities and Parks Development Manager 4 Facilities Superintendent 3 Finance Director 1 Financial Analyst 2 Fire Division Chief 3 Fire Chief 1 Fire/EMS Analyst 3 6.C.a Packet Pg. 20 Attachment: Resolution 2020 COI Code (2975 : COI Update 2020) 3 RESOLUTION 2020-XX DESIGNATED POSITIONS DISCLOSURE CATEGORY Fire Marshal 1 Fleet Superintendent 3 Historic Heritage Committee Members 1 Housing and Community Development Coordinator 1 Human Resources Director 1 Information Technology Director 2 Information Technology Manager 3 Management Analyst 2 Network Administrator 3 Operations Services Manager 2 Operations Services Supervisor 3 Parks and Recreation Commission Members 1 Physically Challenged Board of Appeals Members 1 Planning Division Manager 1 Program Manager 1 Police Captain 2 Public Works Director 1 Purchasing Coordinator 2 Recreation Director 1 Recreation Manager 2 Revenue Officer 1 Senior Civil Engineer 4 Senior Management Analyst 2 *Consultants shall be designated on a case-by-case basis, depending upon the nature of their services. Consultants are included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrator may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. All agreements with a consultant, whether or not such consultant is required to file a disclosure statement in accordance with this resolution, shall contain a certification by the consultant that no conflict of interest exists in connection with the contract being entered into between the consultant and the City. 6.C.a Packet Pg. 21 Attachment: Resolution 2020 COI Code (2975 : COI Update 2020) 4 RESOLUTION 2020-XX CITY OF GILROY CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Category 1: All designated employees in this category shall disclose all sources of income, all interests in real property in the City of Gilroy, all investments and all business positions in business entities in which he or she is a director, officer, partner, trustee or employee or holds any position of management. Category 2: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Gilroy. Category 3: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee’s department or division. Category 4: All designated employees in this category shall disclose all investments, business positions and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Gilroy. 6.C.a Packet Pg. 22 Attachment: Resolution 2020 COI Code (2975 : COI Update 2020) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Notice of Acceptance of Completion for the Downtown Monterey Road Rehabilitation Project No. 18-PW -400, Federal Project No. RSTP/STPL-5034(027) Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Oates Strategic Plan Goals ☐ Fiscal Stability Downtown Revitalization Economic Development ☐ Neighborhood Services Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Approve a notice of acceptance of completion for the downtown Monterey Road rehabilitation project No. 18-PW -400, Federal project No. RSTP/STPL- 5034(027). b) Approve a final contract amount of $1,553,041.61 with Granite Rock Company for the Downtown Monterey Road rehabilitation project No. 18-PW -400, Federal project No. RSTP/STPL-5034(027). EXECUTIVE SUMMARY The Downtown Monterey Road Rehabilitation project resurfaced Monterey Road from south of First Street to Eighth Street and improved pedestrian and bicyclist safety by 6.D Packet Pg. 23 installing ADA-compliant crossings and curb ramps. The construction of the project was partially funded by One Bay Area Grant (OBAG), a Federal grant which is administered by the Metropolitan Transportation Commission (MTC). The scope of work included: Asphalt grinding and asphalt paving on Monterey Road between First Street and Fourth Street Micro-surfacing seal on Monterey Road between Fourth Street and Eighth Street Installation of a Rectangular Rapid Flashing Beacon at the pedestrian crosswalk of I.O.O.F Avenue and Monterey Road ADA ramp improvements at intersections within the pavement rehabilitation limits Provided new upgraded roadway striping along all new surfaces BACKGROUND The MTC programmed the One Bay Area Grant for the City of Gilroy for the Downtown Monterey Road Rehabilitation Project in the amount of $1,028,000. The City Council awarded the construction contract to Granite Rock Company at the June 17, 2019 regular meeting for $1,560,949 with a 10% project contingency of $156,095 (for a total construction allocation of $1,717,044), and authorized the City Administrator to execute the contract and associated documents. ANALYSIS The project scope of work included: Asphalt grinding and asphalt paving on Monterey Road between First Street and Fourth Street Micro-surfacing seal on Monterey Road between Fourth Street and Eighth Street Installation of a Rectangular Rapid Flashing B eacon at the pedestrian crosswalk of I.O.O.F Avenue and Monterey Road ADA ramp improvements at intersections within the pavement rehabilitation limits New upgraded roadway striping along all new surfaces During construction, a total of five construction change orders (CCOs) were executed for the project. The change orders are summarized below: CCO #1 – Removed in-ground warning pedestrian crosswalk lighting systems at four locations on Monterey Road between Fourth and Eighth Streets for $11,828.13. Work included traffic control, spot removal of in-pavement crosswalk lighting, and paving back the voids left by the removed in-pavement lights. The in-ground lights were non- functioning and had recently been replaced with rectangular rapid flash beacon (RRFB) pedestrian safety enhancement systems. Staff directed contractor to remove the non- 6.D Packet Pg. 24 functioning in-ground lights prior to resurfacing the roadway in order to avoid compromising the integrity of the newly resurfaced pavement at a later date. CCO #2 – Applied SkidGuard material to rectangular storm drain manhole located near the northwest corner of Monterey Road and Third Street for $2,325.00. This was required to prevent a slippery surface which could have posed a safety risk to bicyclists and pedestrians. CCO #3 – Added signing and striping that was not included in the original bid, including Share the Road signs, Motorcycle Parking signs, and red painted curb at four fire hydrants for $11,787.82. These improvements were needed to enhance safety along the corridor. CCO #4 – Relocated electrical push buttons at two locations at Monterey Road near the Caltrain station for $36,340.00. The pedestrian push buttons required relocation in order to make them ADA-compliant. CCO #5 – The purpose of this change order was to adjust the contract amount by identifying bid items in which the quantities verified in the field differed from the quantities that were included in the contractor's bid. The contractor was compensated for the actual quantities that were measured and verified in the field. The contractor was not compensated for bid items that were not constructed in the field nor completed. The quantity adjustments reduced the total project construction cost, and saved the City a total of $70,188.34. This saving was used to pay for the five change orders. All combined, the change orders resulted in a net decrease in the contract value by $7,907.39 for a total construction cost of $1,553,041.61. None of the $156,095 in contingency funds were used for this project. Description Amount Construction Contract Award $1,560,949.00 CCO #1 – Remove In-Pavement Warning Lights $11,828.13 CCO #2 – Apply SkidGuard to Storm Drain Lid $2,325.00 CCO #3 – Signing and Striping Revisions $11,787.82 CCO #4 – Relocate Pedestrian Push Buttons $36,340.00 CCO #5 – Quantity Adjustments ($70,188.34) Final Construction Cost $1,553,041.61 6.D Packet Pg. 25 The overall schedule for the construction project was 95 working days. The first working day of the contract was July 29, 2019. Contract work was completed on schedule on December 13, 2019. The final change order work was completed on May 15, 2020. Per the construction contract documents, the City identified a Disadvantaged Business Enterprise (DBE) goal of 14.0%. The contractor’s final DBE utilizati on was 16.6% of the total construction cost. Staff conducted extensive outreach with the downtown businesses and residents during the design and construction phase which resulted in the leas possible impact to businesses and allowed for a timely completion of the project. Project documentation has been completed and all punch -list items have been addressed by the contractor. Staff recommends the City Council approve the Notice of Acceptance of Completion for Downtown Monterey Road Rehabilitation, City Pro ject No. 18-PW -400, and Federal Project No. RSTP/STPL-5034(027). FISCAL IMPACT/FUNDING SOURCE The project construction cost was $1,553,041.61, which was reduced by $7,907.39 from the awarded contract amount. None of the project’s contingency funds were u sed. The City received an OBAG grant from MTC in the amount of $1,028,000 towards the overall cost of the project. This resulted in a total City cost of the project or $525,041. The final construction cost, per funding source, is as follows: Funding Source Original Funding Allocation Construction Cost Before Grant Reimbursement Final Construction Cost After Grant Reimbursement Water Fund 720* $122,320 $111,200.00 $111,200.00 Gas Tax 2105 Fund 209 $476,000 $432,552.49 $124,152.49 Gas Tax 2106 Fund 210 $476,000 $432,552.49 $124,152.49 Gas Tax 2107 Fund 211 $476,000 $432,552.48 $124,152.48 Gas Tax 2103 Fund 213 $166,724 $144,184.16 $41,384.16 Total $1,717,044 $1,553,041.61 $525,041.61 * The water fund was used to pay for adjustments to a water line and fire hydrant that was in conflict with pedestrian travel way and ramp. Attachments: 6.D Packet Pg. 26 1. NOC Downtown Monterey Rd Rehab 18-PW -400 2. Executed Granite_Rock_CO_5 6.D Packet Pg. 27 6.D.a Packet Pg. 28 Attachment: NOC Downtown Monterey Rd Rehab 18-PW-400 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) 6.D.a Packet Pg. 29 Attachment: NOC Downtown Monterey Rd Rehab 18-PW-400 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) 6.D.a Packet Pg. 30 Attachment: NOC Downtown Monterey Rd Rehab 18-PW-400 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) Kyle McLean6/29/20DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF7/21/20207/21/20207/21/20207/22/20206.D.bPacket Pg. 31Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) ATTEST: City Clerk DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 32 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) CITY OF GILROY MONTEREY ROAD REHABILITATION PROJECT CCO #5 SUMMARY TABLE OF FINAL QUANTITIES 1 EXHIBIT A Table 1: Bid items in the which the quantity in the contractor’s bid exceeds the quantity that was verified in the field by 4LEAF’s Inspector includes the following: BID ITEM ITEM CONTRACTOR’S ESTIMATED QUANTITY UNIT PRICE UNIT ACTUAL QUANTITY MEASURED IN THE FIELD BY 4LEAF INSPECTOR COST DEDUCTED FROM CONTRACTOR’S BID 1 Daily Cleanup 95 $300 EA 71 $7,200 2 Lead Compliance Plan 1 $2,000 LS 0 $2,000 6 Microsurfacing 13,000 $8.10 SY 10,384 $257.40 7 Hot Mix AC(Type A) 2,800 $137 TON 2,712.24 $12,023.12 10 12” Pavement Removal 3,850 $19 SF 3846 $76 16 Minor Concrete (C&G) 170 $140 LF 144.50 $3,570 17 PCC C&G w/ apron 300 190 LF 292.00 $1520 18 Minor Concrete (Decorative SW) 500 $28 SF 126 $10,472 19 Minor Concrete (Decorative CW) 130 $86 SF 0 $11,180 21 Minor Concrete (Curb Ramp CT Case A) 6 $8,000 EA 5 $8,000 23 Minor Concrete (Curb Ramp CT Case F) 4 $9,500 EA 1 $28,500 25 Remove Concrete Curb 110 $30 LF 12 $2,940 26 Remove Concrete C&G 160 $35 LF 142.50 $612.50 12,968.22 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 33 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab CITY OF GILROY MONTEREY ROAD REHABILITATION PROJECT CCO #5 SUMMARY TABLE OF FINAL QUANTITIES 2 27 Remove Concrete C&G with Apron 300 $52 LF 292 $416 28 Remove Concrete SW 410 $72 SY 358.44 $3712.32 29 Remove Concrete CW 15 $150 SY 0 $2,250 35 Relocate Trash Receptacle 1 $800 EA 0 $800 36 Salvage and Reset Brick Pavers 175 $65 SF 0 $11,375 40 Inductive Loop Detector (Type A) 11 $400 EA 0 $4,400 41 Inductive Loop Detector (Type D) 3 3 EA 0 $1,500 SUM TO BE DEDUCTED FROM CONTRACT: $112,804.34 Table 2: Bid items in the which the quantity in the contractor’s bid was less than the quantity verified in the field by 4LEAF’s Inspector include the following: BID ITEM ITEM CONTRACTOR’S ESTIMATED QUANTITY UNIT PRICE UNIT ACTUAL QUANTITY MEASURED IN THE FIELD BY 4LEAF INSPECTOR COST ADDED TO CONTRACTOR’S BID 8 Paving Fabric 10,200 2 SY 10,204 $8 9 Cold Plane AC Pavement 9,900 $9 SY 10,834 $4,356 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 34 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab CITY OF GILROY MONTEREY ROAD REHABILITATION PROJECT CCO #5 SUMMARY TABLE OF FINAL QUANTITIES 3 15 Minor Concrete (Curb) 360 $9 LF 390 $2,700 20 Minor Concrete (Curb Ramp) 1,950 $44 SF 2,008 $2,552 22 Minor Concrete (Curb Ramp CT Case C) 1 $11,000 EA 2 $11,000 24 Minor Concrete (Curb Ramp CT Case G) 1 $11,000 EA 3 $22,000 SUM TO BE ADDED TO THE CONTRACT: $42,616 Total deduction to the contract = $42,616 – 112804.34 = -$70,188.34 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 35 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab No.Bid Item No.Item UNIT OF MEASURE Work Complete Estimated Quantity Unit Price Unit Quantity Used to Date Quantity Remaining Total Contract Amount Total Cost To Date Amount Remaining Percent Complete Red NEG = Deduct from Contract 1 040001A DAILY CLEANUP EA 95 300.00$ EA 71.00 24.00 28,500.00$ $21,300.00 $7,200.00 74.74%-$7,200.00 2 70030 LEAD COMPLIANCE PLAN LS x 1 2,000.00$ LS 0.00 1.00 2,000.00$ $0.00 $2,000.00 0.00%-$2,000.00 3 120100 TRAFFIC CONTROL SYSTEM LS 1 70,000.00$ LS 1.00 0.00 70,000.00$ $70,000.00 $0.00 100.00%$0.00 4 130200 PREPARE WATER POLLUTION CONTROL PROGRAM LS 1 800.00$ LS 1.00 0.00 800.00$ $800.00 $0.00 100.00%$0.00 5 130400A WATER POLLUTION CONTROL LS 1 16,000.00$ LS 1.00 0.00 16,000.00$ $16,000.00 $0.00 100.00%$0.00 6 378000 MICRO-SURFACING SY 13,000 8.10$ SY 12968.22 31.78 105,300.00$ $105,042.60 $257.40 99.76%-$257.40 7 390132 HOT MIX ASPHALT (TYPE A)TON 2,800 137.00$ TON 2712.24 87.76 383,600.00$ $371,576.88 $12,023.12 96.87%-$12,023.12 8 393004 GEOSYNTHETIC PAVEMENT INTERLAYER (PAVING FABRIC)SY 10,200 2.00$ SY 10204.00 -4.00 20,400.00$ $20,408.00 -$8.00 100.04%$8.00 9 398200 COLD PLANE ASPHALT CONCRETE PAVEMENT SY 9,900 9.00$ SY 10384.00 -484.00 89,100.00$ $93,456.00 -$4,356.00 104.89%$4,356.00 10 398201A 12" PAVEMENT REMOVAL (DIGOUT)SF 3,850 19.00$ SF 3846.00 4.00 73,150.00$ $73,074.00 $76.00 99.90%-$76.00 11 398202A CONFORM GRIND SF 1,200 3.00$ SF 1200.00 0.00 3,600.00$ $3,600.00 $0.00 100.00%$0.00 12 710196 ADJUST STORM DRAIN INLET EA 1 3,100.00$ EA 1.00 0.00 3,100.00$ $3,100.00 $0.00 100.00%$0.00 13 710212 ADJUST STORM DRAIN MANHOLE TO GRADE EA 5 2,900.00$ EA 5.00 0.00 14,500.00$ $14,500.00 $0.00 100.00%$0.00 14 710228 ADJUST SEWER MANHOLE [NON- PARTICIPATING]EA 4 2,900.00$ EA 4.00 0.00 11,600.00$ $11,600.00 $0.00 100.00%$0.00 15 730010 MINOR CONCRETE (CURB) LF 360 90.00$ LF 390.00 -30.00 32,400.00$ $35,100.00 -$2,700.00 108.33%$2,700.00 16 731504A MINOR CONCRETE (CURB AND GUTTER)LF 170 140.00$ LF 144.50 25.50 23,800.00$ $20,230.00 $3,570.00 85.00%-$3,570.00 17 731504B MINOR CONCRETE (CURB AND GUTTER WITH APRON)LF 300 190.00$ LF 292.00 8.00 57,000.00$ $55,480.00 $1,520.00 97.33%-$1,520.00 18 731521B MINOR CONCRETE (DECORATIVE SIDEWALK)SF 500 28.00$ SF 126.00 374.00 14,000.00$ $3,528.00 $10,472.00 25.20%-$10,472.00 19 731521C MINOR CONCRETE (DECORATIVE CROSSWALK)SF x 130 86.00$ SF 0.00 130.00 11,180.00$ $0.00 $11,180.00 0.00%-$11,180.00 Exhibit B: FINAL QUANTITIES City of Gilroy Downtown Monterey Rd. Pavement Rehabilitation Project December 2019 BID QUANTITY SUMMARY CALCULATIONS Printed: 6/2/2020 Page 1 of 3 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 36 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) No.Bid Item No.Item UNIT OF MEASURE Work Complete Estimated Quantity Unit Price Unit Quantity Used to Date Quantity Remaining Total Contract Amount Total Cost To Date Amount Remaining Percent Complete Red NEG = Deduct from Contract City of Gilroy Downtown Monterey Rd. Pavement Rehabilitation Project December 2019 BID QUANTITY SUMMARY CALCULATIONS 20 731623A MINOR CONCRETE (CURB RAMP)SF 1,950 44.00$ SF 2008.00 -58.00 85,800.00$ $88,352.00 -$2,552.00 102.97%$2,552.00 21 731623B MINOR CONCRETE (CURB RAMP CT CASE A)EA 6 8,000.00$ EA 5.00 1.00 48,000.00$ $40,000.00 $8,000.00 83.33%-$8,000.00 22 731623C MINOR CONCRETE (CURB RAMP CT CASE C)EA 1 11,000.00$ EA 2.00 -1.00 11,000.00$ $22,000.00 -$11,000.00 200.00%$11,000.00 23 731623D MINOR CONCRETE (CURB RAMP CT CASE F)EA 4 9,500.00$ EA 1.00 3.00 38,000.00$ $9,500.00 $28,500.00 25.00%-$28,500.00 24 731623E MINOR CONCRETE (CURB RAMP CT CASE G)EA 1 11,000.00$ EA 3.00 -2.00 11,000.00$ $33,000.00 -$22,000.00 300.00%$22,000.00 25 731710 REMOVE CONCRETE CURB LF 110 30.00$ LF 12.00 98.00 3,300.00$ $360.00 $2,940.00 10.91%-$2,940.00 26 731710A REMOVE CONCRETE CURB AND GUTTER LF x 160 35.00$ LF 142.50 0.00 5,600.00$ $4,987.50 $612.50 89.06%-$612.50 27 731710B REMOVE CONCRETE CURB AND GUTTER WITH APRON LF 300 52.00$ LF 292.00 8.00 15,600.00$ $15,184.00 $416.00 97.33%-$416.00 28 731780 REMOVE CONCRETE SIDEWALK SY 410 72.00$ SY 358.44 51.56 29,520.00$ $25,807.68 $3,712.32 87.42%-$3,712.32 29 731780A REMOVE CONCRETE CROSSWALK SY 15 150.00$ SY 0.00 15.00 2,250.00$ $0.00 $2,250.00 0.00%-$2,250.00 30 770001A ADJUST WATER UTILITY COVER TO GRADE [NON- PARTICIPATING]EA x 27 2,200.00$ EA 27.00 0.00 59,400.00$ $59,400.00 $0.00 100.00%$0.00 31 770003A RELOCATE FIRE HYDRANT (NON- PARTICIPATING)EA x 2.00 16,000.00$ EA 2.00 0.00 32,000.00$ $32,000.00 $0.00 100.00%$0.00 32 770004A ADJUST WATER METER BOX TO GRADE [NON- PARTICIPATING]EA 2.00 2,900.00$ EA 2.00 0.00 5,800.00$ $5,800.00 $0.00 100.00%$0.00 33 770005A ADJUST TRAFFIC SIGNAL BOX TO GRADE EA 4.00 300.00$ EA 4.00 0.00 1,200.00$ $1,200.00 $0.00 100.00%$0.00 34 770006A 10" WATER VALVE [NON- PARTICIPATING]EA 1.00 1,400.00$ EA 1.00 0.00 1,400.00$ $1,400.00 $0.00 100.00%$0.00 Printed: 6/2/2020 Page 2 of 3 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 37 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) No.Bid Item No.Item UNIT OF MEASURE Work Complete Estimated Quantity Unit Price Unit Quantity Used to Date Quantity Remaining Total Contract Amount Total Cost To Date Amount Remaining Percent Complete Red NEG = Deduct from Contract City of Gilroy Downtown Monterey Rd. Pavement Rehabilitation Project December 2019 BID QUANTITY SUMMARY CALCULATIONS 35 770007A RELOCATE TRASH RECEPTACLE EA x 1.00 800.00$ EA 0.00 1.00 800.00$ $0.00 $800.00 0.00%-$800.00 36 770008A SALVAGE AND RESET BRICK PAVERS SF x 175.00 65.00$ SF 0.00 175.00 11,375.00$ $0.00 $11,375.00 0.00%-$11,375.00 37 770009A RRFB SYSTEM EA 1.00 45,500.00$ EA 1.00 0.00 45,500.00$ $45,500.00 $0.00 100.00%$0.00 38 780260 REMOVE AND REPLACE MONUMENT EA 1.00 4,200.00$ EA 1.00 0.00 4,200.00$ $4,200.00 $0.00 100.00%$0.00 39 840000A SIGNING AND STRIPING LS 1.00 104,674.00$ LS 1.00 0.00 104,674.00$ $104,674.00 $0.00 100.00%$0.00 40 870111 INDUCTIVE LOOP DETECTOR (TYPE A)EA x 11.00 400.00$ EA 0.00 11.00 4,400.00$ $0.00 $4,400.00 0.00%-$4,400.00 41 870111 INDUCTIVE LOOP DETECTOR (TYPE D)EA x 3.00 500.00$ EA 0.00 3.00 1,500.00$ $0.00 $1,500.00 0.00%-$1,500.00 42 999990 MOBILIZATION - 10%LS 1.00 66,000.00$ LS 1.00 0.00 66,000.00$ $66,000.00 $0.00 100.00%$0.00 -$70,188.34 LEGEND x NEGATIVE NUMBER Amount to be deducted from the contract. Bid Item Removed from Scope of Work Difference Between Contractor's Bid and Final Constructed Amount Work is Complete Printed: 6/2/2020 Page 3 of 3 DocuSign Envelope ID: CBE104D9-4803-40EB-BB87-CB1DC12B73BF 6.D.b Packet Pg. 38 Attachment: Executed Granite_Rock_CO_5 (2952 : Notice of Completion Downtown Monterey Rd Rehab Project) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Final Map and Property Improvement Agreement No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Development, Tract 10250, APN's 808-18-003, 808-18-024, 808- 18-025, and 808-18-026 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Jorge Duran Girum Awoke Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the Final Map and Property Improvement Agreement No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Development, Tract 10250, APN's 808-18- 003, 808-18-024, 808-18-025, and 808-18-026 BACKGROUND On May 19, 2014, the applicant, Glen Loma Corporation, received Tentative Map approval of a master subdivision of approximately 359 acres, commonly k nown as the Glen Loma Ranch Specific Plan [Reference: Resolution No. 2019-46, TM 18-02 & Ordinance No. 2014-07, Z 14-01]. 6.E Packet Pg. 39 The Glen Loma Ranch Specific Plan area consists of approximately 359 acres divided into 13 parcels under four separate ownerships. The land is comprised of gently sloped terrain with mixed oak/riparian woodlands, coastal scrub, non-native grasslands and serpentine rock outcrops. Reservoir Canyon Creek and Babbs Creek, traverse the site, along with two modified drainage channels that conv ey storm water for peak seasonal storm events. A seasonal wetland exists within the northwestern region of the project site. Ascension Solorsano Middle School and Las Animas Elementary School exist within the Glen Loma Specific Plan area. Roadways constructed to serve those schools also serve the Glen Loma Specific Plan area. The Glen Loma Specific Plan encompasses seventeen distinct residential neighborhoods with up to 1,693 mixed-density residential units, including single-family homes, apartments, low-income units, and senior units. The City has approved the subdivision of ten neighborhoods (Home Ranch, Wild Chestnut, Vista Bella, Petite Sirah, Mataro, Montonico, McCutchin Creek, Palomino, The Grove and Luchessa), totaling 661 units so far. Vista Bella, Petite Syrah and Mataro have been built totaling 274 units. Ultimate development of the Glen Loma Specific Plan will consist of a Town Center commercial development that includes a city fire station, a potential commercial site on the northern portion of the Specific Plan area (“Northern Commercial Reserve”), two proposed city park sites, and community amenities or focal points within each neighborhood. It will also include approximately 88 acres (24 percent of the project site) of open space and buffer areas with 6-7 miles of trails that link the neighborhoods and tie into the existing Christmas Hill Park. As part of the open space, a rocky knoll area with soils that provide habitat for endangered species (serpentine soils) and an area that currently contains a eucalyptus grove will be maintained. On August 5, 2019, City Council of the City of Gilroy approved Tentative Map TM 18 -02, granting Glen Loma Corporation the ability to subdivide in phases approximately 125 Acres into 102 village lots in the Nebiolo Neighborhood, 46 compact lots in the Malvasia Neighborhood, and 23 compact lots in the Glen Neighborhood, for a total of 171 residential lots. In addition, it allowed for two public open space parcels for the construction of the Santa Teresa trail, 22 private open space parcels that will be maintained by the homeowners' association, three lots for future development, and associated public and private streets on property located north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue (APN# 808-18-003, 808-18-024, 808-18-025, and 808-18-026, filed by Glen Loma Group, 7888 Wren Avenue, Suite d- 143, Gilroy, CA 95020). [Reference: Resolution No. 2019-46, TM 18-02] DISCUSSION As part of this phase of the Glen Loma Ranch Specific Plan development, the Christopher Family Partnership (a California Limited Partnership) consisting of Donald Christopher, Donald C. Christopher, and Filice Family Estate (a California Limited 6.E Packet Pg. 40 Partnership) are requesting approval of Tract 10520, Town Center Final Map , and to enter into a Property Improvement Agreement with the City for the construction of Public Improvements. These improvements include new street grading, paving, curb, gutter, sidewalk, landscape, lighting, storm drain, water, sewer, and necessary utility extension and connection to serve the development. As part of the Property Improvement Agreement, the Developer is required to provide two bonds: a Faithful Performance bond and a Payment bond of $11,646,051 each for 100% of the estimated construction cost of the improvements. Tract 10520 Final Map is ready for Recording with Santa Clara County once approved by City Council. ALTERNATIVES Council may deny the request and let the Tentative Map expire August 2021. STAFF DOES NOT RECOMMEND THIS ALTERNATIVE because it will impose unnecessary delay for the development of the site and will require the developer to process new Tentative Map for City approval. FISCAL IMPACT There is no net impact to the General Fund. Plan check and inspection fees have been collected to cover the costs associated with this action. The Developer has submitted bonding and insurance for the above referenced Property Improvement Agreement and Final Map. All of the required improvements are part of the Developer’s responsibility, and there are no reimbursements required for this project. Attachments: 1. Exhibit A - Vicinity Map GLR Neb Mal Glen Tract 10520 2. Exhibit B - PIA GLR Neb Mal Glen Tract 10520 3. Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 6.E Packet Pg. 41 6.E.a Packet Pg. 42 Attachment: Exhibit A - Vicinity Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, 6.E.b Packet Pg. 43 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 44 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 45 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 46 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 47 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 48 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 49 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 50 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 51 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 52 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 53 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 54 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 55 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 56 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 57 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 58 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 59 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 60 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 61 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 62 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 63 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 64 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 65 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 66 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 67 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 68 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.b Packet Pg. 69 Attachment: Exhibit B - PIA GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The 6.E.c Packet Pg. 70 Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.c Packet Pg. 71 Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 72Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 73Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 74Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 75Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 76Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 77Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 78Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 79Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 80Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 81Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 82Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) 6.E.cPacket Pg. 83Attachment: Exhibit C - Final Map GLR Neb Mal Glen Tract 10520 (2912 : Final Map and PIA No. 2020-02 for Glen Loma Ranch Malvasia, Nebiolo, The Glen Tract 10520) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Final Map and Property Improvement Agreement No. 2020-01 for Glen Loma Ranch Town Center Multi-Family Development, Tract 10472, APN's 808-19-024, 808-19-010 (portion) and 808-18-003 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Jorge Duran Girum Awoke Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Approve the final map and property improvement agreement No. 2020-01 for Glen Loma Ranch Towncenter multi-family development, Tract 10472, APN's 808-18-024 (portion), 808-19-010 (portion) and 808-18-003. BACKGROUND On May 19, 2014, the applicant, Glen Loma Corporation, received Tentative Map approval of a master subdivision of approximately 359 acres, commonly kno wn as the Glen Loma Ranch Specific Plan [Reference: Resolution No. 2014-19, TM 13-08 & Ordinance No. 2014-07, Z 14-01]. 6.F Packet Pg. 84 The Glen Loma Ranch Specific Plan area consists of approximately 359 acres divided into 13 parcels under four separate ownerships. The land is comprised of gently sloped terrain with mixed oak/riparian woodlands, coastal scrub, non-native grasslands and serpentine rock outcrops. Reservoir Canyon Creek and Babbs Creek traverse the site along with two modified drainage channels that convey s torm water for peak seasonal storm events. A seasonal wetland exists within the northwestern region of the project site. Ascension Solorsano Middle School and Las Animas Elementary School exist within the Glen Loma Specific Plan area. Roadways constructed to serve those schools also serve the Glen Loma Specific Plan area. The Glen Loma Specific Plan encompasses seventeen distinct residential neighborhoods with up to 1,693 mixed-density residential units, including single-family homes, apartments, low-income units, and senior units. The City has approved the subdivision of ten neighborhoods (Home Ranch, Wild Chestnut, Vista Bella, Petite Sirah, Mataro, Montonico, McCutchin Creek, Palomino, The Grove , and Luchessa), totaling 661 units so far. Vista Bella, Petite Syrah, and Mataro have been built totaling 274 units. Ultimate development of the Glen Loma Specific Plan will consist of a Town Center commercial development that includes a city fire station, a potential commercial site on the northern portion of the Specific Plan area (“Northern Commercial Reserve”), two proposed city park sites, and community amenities or focal points within each neighborhood. It will also include approximately 88 acres (24 percent of the project site) of open space and buffer areas, with 6-7 miles of trails that link the neighborhoods, and tie into the existing Christmas Hill Park. As part of the open space, a rocky knoll area with soils that provide habitat for endangered species (serpentine soils) and an area that currently contains a eucalyptus grove will be maintained. DISCUSSION As part of this phase of the Glen Loma Ranch Specific Plan development, the Christopher Family Partnership (a California Limited Partnership) consisting of Donald Christopher, Donald C. Christopher, and the Filice Family Estate (a California Limited Partnership) are requesting approval of Tract 10472, Town Center Final Map, and to enter into a Property Improvement Agreement with the City for the construction of Public Improvements. These improvements include new street grading, paving, curb, gutter, sidewalk, landscape, lighting, storm drain, water, sewer, and necessary utility extension and connection to serve the development. As part of the Property Improvement Agreement, the Developer is required to provide two bonds: a Faithful Performance bond and a Payment bond of $6,999,071.00 each for 100% of the estimated construction cost of the improvements. Tract 10472 Final Map is ready for Recording with Santa Clara County once approved by City Council. 6.F Packet Pg. 85 ALTERNATIVES Council may deny the request and let the Tentative Map expire. STAFF DOES NOT RECOMMEND THIS ALTERNATIVE because it will impose unnecessary delay for the development of the site and will require the Developer to process new Tentative Map for City approval. FISCAL IMPACT There is no net impact to the General Fund. Plan check and inspection fees have been collected to cover the costs associated with this action. The developer has submitted bonding and insurance for the above referenced Property Improvement Agreement and Final Map. All of the required improvement s are part of the developer’s responsibility, and there are no reimbursements required for this project. Attachments: 1. Exhibit A - Vicinity Map GLR TCMF Tract 10472 2. Exhibit B - PIA GLR TCMF Tract 10472 3. Exhibit C - Final Map GLR TCMF Tract 10472 6.F Packet Pg. 86 6.F.aPacket Pg. 87Attachment: Exhibit A - Vicinity Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi 6.F.b Packet Pg. 88 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 89 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 90 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 91 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 92 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 93 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 94 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 95 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 96 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 97 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 98 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 99 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 100 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 101 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 102 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 103 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 104 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 105 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 106 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 107 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 108 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 109 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 110 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 111 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 112 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 113 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.b Packet Pg. 114 Attachment: Exhibit B - PIA GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 6.F.c Packet Pg. 115 Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.c Packet Pg. 116 Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.cPacket Pg. 117Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.cPacket Pg. 118Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.cPacket Pg. 119Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.cPacket Pg. 120Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) 6.F.cPacket Pg. 121Attachment: Exhibit C - Final Map GLR TCMF Tract 10472 (2367 : Final Map and PIA No. 2020-01 for Glen Loma Ranch Town Center Multi Family Tract 10472) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Approving a Blue Star Memorial Plaque Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim 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 Adopt a resolution of the City Council of the City of Gilroy approving a blue star memorial plaque. BACKGROUND At the August 17, 2020 City Council meeting, the South Valley Fleur s Garden Club submitted a proposal to design and maintain a Blue Star Memorial garden and a plaque in front of the Gilroy Veterans Memorial Building located on City-owned property at 74 West 6th Street. Council approved the request and directed staff to return with a resolution to approve the plaque language. ANALYSIS 6.G Packet Pg. 122 Approval of the resolution will affirm Council support of the memorial and plaque language. The plaque will include the statement: “A tribute to the Armed Forces of America” South Valley Fleurs Garden Club ALTERNATIVES None FISCAL IMPACT/FUNDING SOURCE None at this time. The City will be responsible for providing irrigation at the site. Attachments: 1. Resolution 2020-__ Blue Star Plaque v5 6.G Packet Pg. 123 RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE USE OF CITY-OWNED PROPERTY FOR THE INSTALLATION AND MAINTENANCE OF BLUE STAR MEMORIAL PLAQUE AS A TRIBUTE TO THE ARMED FORCES OF AMERICA WHEREAS, the City of Gilroy (“City”) owns certain property located at 74 West 6th Street in the City (the “Property”); and, WHEREAS, the South Valley Fleurs Garden Club has requested permission to install and maintain a plaque (the “Blue Star Plaque”) in the planter strip of the Property; and, WHEREAS, the “Blue Star Plaque” will be contain a brief message (the “Message”) as a tribute to the Armed Forces of America consistent in content and scope to that of the national Blue Star Memorial movement; and, WHEREAS, it is fitting and appropriate that further recognition be accorded the services and sacrifices of our citizens who have served in the Armed Forces; WHEREAS, the installation and maintenance of such Plaque will be contingent upon and subject to the issuance of an encroac hment permit (the “Permit”) containing reasonable conditions to the satisfaction of the City Administrator, which conditions will include, among others, provisions related to the term of the Permit and maintenance and removal obligations for the Blue Star Plaque and associated landscaping; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby makes the following determinations: 1. The City Council hereby approves of the installation and maintenance of the Blue Star Plaque consistent with this resolution. 2. It is appropriate and fitting to allow the Property to be used to demonstrate the City Council’s support for the Armed Forces. 3. The City Council accepts the Message and the placement of the Blue Star Plaque as government speech. 4. The City Administrator is authorized to determine the conditions of the Permit and to issue such Permit consistent with this Resolution. 6.G.a Packet Pg. 124 Attachment: Resolution 2020-__ Blue Star Plaque v5 (2978 : Resolution to Approve Blue Star Memorial Plaque) RESOLUTION NO. 2020-XX \ PASSED AND ADOPTED this 21st day of September, 2020 by the CITY COUNCIL OF THE CITY OF GILROY by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 6.G.a Packet Pg. 125 Attachment: Resolution 2020-__ Blue Star Plaque v5 (2978 : Resolution to Approve Blue Star Memorial Plaque) City of Gilroy STAFF REPORT Agenda Item Title: Award of Contract in the Amount of $241,396 to BKF Engineers for the Design of the Eigleberry and Seventh Street Parking Lot Project No. 20-RFP-PW -444 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Eric Argamaso Strategic Plan Goals ☐ Fiscal Stability Downtown Revitalization Economic Development ☐ Neighborhood Servi ces ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Award a contract in the amount of $241,396 to BKF Engineers for the design of the Eigleberry and Seventh Street parking lot Project No. 20-RFP-PW -444, and authorize the Interim City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY The Department of Public Works requires the assistance of consultants for engineering and design support services for the Eigleberry and Seventh Parking Lot. Staff issued a Request for Proposals (RFP), Project No. 20-RFP-PW -444, in March 2020. 7.A Packet Pg. 126 Staff received eight proposals in April 2020. The proposals were reviewed and ranked based on the criteria listed in the RFP. Staff is now recommending an award to BKF Engineers, which requires approval by the City Council. BACKGROUND With the increase in the City’s population, and businesses in the downtown business area growing, there is a need for additional parking in the downtown area. At the November 26, 2018 City Council meeting, staff presented a conceptual parking plan to Council which included the construction of a parking lot on City owned property at the northeast corner of Eigleberry and Seventh Streets. The recommended surface parking lot would be constructed on an existing vacant lot and the City’s community garden. The community garden desires to move out of this location and create a demonstration garden elsewhere, thus the project does not conflict with the ir interest. During the January 27, 2020 City Council meeting, Council approved $1,500,000 in funding to the Capital Projects Fund 400 for the construction of a parking lot at this location and directed staff to move forward with design and construction of this project. The project’s scope of work includes the development of Plans, Specifications, and Engineer’s Estimate (PS&E) to construct a new parking lot to provide additional parking for the downtown business area. The new parking lot will be located one block west of Monterey Street and will include a pedestrian walkway from the parking lot to Monterey Street. In addition to standard and accessible parking spaces, the project will include other amenities such as electric vehicle charging stations, decorative lighting, bicycle parking, and landscaping. ANALYSIS On March 16, 2020, the RFP for the Eigleberry and Seventh Parking Lot, Project No. 20-RFP-PW -444, was advertised in the San Jose Mercury News. On April 10, 2020, the City received eight proposals from the following consultants , in random order: BKF Engineers, HMH Engineers, Ruth & Going, Ifland Engineers, Ruggeri-Jensen-Azar, Bellecci & Associates, ARC Pacific, and TJKM. The proposals were reviewed and scored based on the criteria listed in the RFP which included indicating their past experience, contract performance and key personnel that will perform engineering and design work for this project. A committee consisting of the City Engineer, Senior Engineer for Capital Projects, and Assistant Engineer was formed to score and qualify e ach of the firms based on their proposals. To assist with the selection process, staff held interviews with the top three firms to obtain additional information regarding their approach and vision for the project. On June 17, 2020 the top three firms, BKF, RJA and Bellecci & Associates, were interviewed and rated on their presentation, their experience with similar projects, and 7.A Packet Pg. 127 their ability to deliver the project is a timely manner . After a thorough review of all presentations, staff determined that BKF Engineers was the most qualified firm to design this project for the following reasons: 1. BKF Engineers proposal was the highest rated for both the initial scoring and interview presentations. 2. BKF Engineers presentation during their interview clearly answered the questions asked and showed their full understanding of the project requirements. 3. BKF Engineers demonstrated experience designing similar projects to the Eigleberry and Seventh Street Parking Lot. 4. BKF Engineers has worked with the City before as the design consultant for the Monterey Road Rehabilitation project and they are familiar with the City’s processes and standards BKF Engineers is scheduled to begin the design process upon award of the contract by City Council and execution of the contract. Staff anticipates the design of the project to be complete by the end of the calendar year, and construction to begin early next year. ALTERNATIVES City Council can reject the award of this contract with BKF Engineers. However, design and construction will be delayed. STAFF DOES NOT RECOMMEND THIS OPTION. FISCAL IMPACT/FUNDING SOURCE City Council has previously approved a budget of $1,500,000 for the Eigleberry and Seventh Parking Lot project through the City’s Capital Projects Fund 400. The actual cost of the project will be determined through a competitive construction bid process. Staff recommends approving a contract with BKF Engineers in the amount of $241,396 for the design of this project. PUBLIC OUTREACH As part of the design phase of the project, BKF Engineers will prepare up to three (3) parking lot design concepts for staff and City Council to review. A preliminary cost estimate will be provided with each corresponding concept plan. A final design will be selected by the City for implementation at the design development phase. This will provide information about the project to Council and the public during a future City Council meeting. CONCLUSION Staff recommends that City Council approves the award of a contract with BKF Engineers for the design of the Eigleberry and Seventh Parking Lot, Project No. 20 - 7.A Packet Pg. 128 RFP-PW -444, and authorize the Interim City Administrator to execute the contract and associated documents. NEXT STEPS Upon Council’s approval, the contract will be executed, and staff will work with the consultant to develop a final design schedule to begin design activities in October 2020. Attachments: 1. BKF Engineers Service Agreement 7.A Packet Pg. 129 4845-6718-3385v1 LAC\04706083 -1- AGREEMENT FOR SERVICES (For design professional contracts over $5,000) This AGREEMENT made this 21 day of September, 2020 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: BKF Engineers., having a principal place of business at 1730 N. First Street Suite 600, San Jose CA 95112. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on October 5, 2020 and will continue in effect through December 30, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that 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 and 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.A.a Packet Pg. 130 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -2- 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”. In no event however shall the total compensation paid to CONSULTANT exceed $241,396 (including contingency). 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 pro vided 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 thirt y (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 r esolved 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 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” 7.A.a Packet Pg. 131 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -3- 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 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, 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 claim made basis (including without limitation the initial policy obtained and all subsequent policies 7.A.a Packet Pg. 132 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -4- 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.A.a Packet Pg. 133 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) -5- G. PREVAILING WAGE CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain “public works” or “maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov. No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. 7.A.a Packet Pg. 134 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -5- 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.I., 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 satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit 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 7.A.a Packet Pg. 135 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -6- 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 use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation 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. 7.A.a Packet Pg. 136 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -7- D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 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. 7.A.a Packet Pg. 137 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 7.A.a Packet Pg. 138 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -1- 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 Marcelo Cosentino, 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 satisfactorily complete the Services required herein. 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, Eric Argamaso 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.I. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the Services, 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 satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, 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.A.a Packet Pg. 139 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -2- 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. CONSULTANT’S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. B. 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. C. 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. 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. 7.A.a Packet Pg. 140 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -3- D. 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. E. 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. F. 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. G. 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.E 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. H. 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 7.A.a Packet Pg. 141 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -4- any cause whatsoever. I. NOTICES. Notices are to be sent as follows: CITY: Eric Argamaso City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Marcelo Cosentino BKF Engineers 1730 N. First Street, Suite 600 San Jose, CA 95112 J. 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.J. 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.J. 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.A.a Packet Pg. 142 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “B” SCOPE OF SERVICES 7.A.a Packet Pg. 143 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) BKF’s Project Manager Marcelo Cosentino, PE, and Principal-in-Charge Natalina Bernardi, PE will be the lead for the City’s Project and have the entire company’s resources available to them. We will supervise, coordinate and monitor the design for conformance with the City standards and policies. The proposed BKF approach considers all phases of the Project from conception to completion and includes work for the development of the Plans, Specifications and Estimate (PS&E) for Eigleberry and Seventh Parking Lot. PROJECT OVERVIEW AND UNDERSTANDING The City of Gilroy (City) plans to construct a new parking lot on City-owned property to provide res- idents and guest with ample parking for the Downtown area. The parking lot is located one block from Monterey Street, and will be connected by sidewalk access on Seventh Street, Eigleberry Street, and from a newly constructed pathway located between Sixth and Seventh Streets. The site will in- clude standard parking, accessible parking, and electric vehicle charging. The site will be improved through parking lot lighting, decorative post-top light, bicycle storage, and landscaping. BKF has reviewed the Project scope included in the City’s RFP and is pleased to provide the following project approach associated with the City’s Project: TASK 1: PROJECT MANAGEMENT BKF’s Project Manager will be responsible for managing the project team, providing the resources to complete the job, monitoring and updating the Project budget and schedule, implementing a quality assurance/quality control program and communicating regularly with the City staff. During the design phase, meetings will take place to review the design and comments at the various stages of design. BKF will be available to assist the City with obtaining stakeholder consensus. BKF’s Project Manager will be responsible for ensuring that the project tasks are completed in a timely manner to the satisfaction of the City and will use the following management activities to facilitate the Project objectives: Task 1.1 Project Administration - Supervise, coordinate, and monitor the design for conformance with City and State standards and policies. BKF will establish and implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit project deliverables to the City for review in accordance with the approved schedule. Task 1.2 Project Kick-off Meeting - A Kick-Off Meeting will be scheduled with the City soon after the Notice-to- Proceed to confirm Project scope and objectives. BKF will meet with City staff to establish project expectations, discuss agency reviews and review the preliminary schedule for the Project. Task 1.3 Progress Review Meetings – Mr. Cosentino will set up and run Project Review Meetings with the City after each milestone Submittal. Agendas, action logs, updated Project schedules and meeting minutes will be prepared and distributed. Task 1.4 Project Schedule - Mr. Cosentino will prepare and update schedule for the entire project using Microsoft Project software to be submitted at each Progress Review Meeting. Task 1.5 Invoices/Progress Reports - Monthly progress reports will summarize milestones accomplished during the reporting period and discuss outstanding issues and action items. Progress reports will also identify concerns and recommendations. Task 1.6 Quality Assurance/Quality Control - BKF will implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit Project deliverables to the City for review in accordance with the approved schedule. This scope of work will be included in Task 3 and Task 4deliverables. 7.A.a Packet Pg. 144 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) TASK 1– DELIVERABLES: » Kickoff Meeting Agenda and Minutes » Progress Review Meeting Agendas, Minutes, and Action Items » Progress Reports, Schedules and Invoices TASK 2 – PROJECT INVESTIGATIONS, STUDIES AND ALTERNATIVE DEVELOPMENT Immediately after receiving the Notice-to-Proceed, BKF will perform site investigations and review all available documentation. Also included are planning phase activities, performing field survey work, geotechnical investigations, performing technical studies, and obtaining utility and right-of- way information. With this information, the City’s concept plans can be developed into PS&E docu- ments. BKF team activities will include the following during this task: Task 2.1 - Collect Record Data, Studies, and Relevant Project Information: BKF will obtain and review available data and information necessary for design of the Project. This information may be obtained from the City, utility companies, or other organizations. BKF will compile available street as-builts, right of way record maps, title reports, utility occupation drawings, block maps, and third party utility as-built information of record to supplement the topographic base sheets and begin the utility verification process. Task 2.2 – Field Review: BKF will visit the project site with the City to document the project limits, conform areas, and verify locations of existing above-ground utilities. Existing utilities will be verified in conjunction with utility maps. BKF will compile a field notes log of the investigation. Task 2.3 – Topographic Survey: BKF will provide topographic survey services for purposes of lo- cating elements in the field that are necessary for design of the parking lot. Some of these elements will include existing limit of pavement, existing curb, gutter and sidewalk (for conform purposes), , trees, street signs, limits of driveways, manhole invert elevations, utility poles, vaults and other site features. The project will utilize an assumed, project-specific horizontal datum and utilize City of Gilroy benchmarks for the vertical coordinate system. The survey will be used to supplement a City-provided base map or an aerial photo from Google Earth. Task 2.4 – Boundary Services: Since the City intends to construct on a City-owned parcel, BKF will map the property line boundary from record information. If necessary and at the request of the City, BKF will prepare a separate scope and fee for preparation of plat and legal descriptions required for the proposed improvements. Task 2.5 – Environmental Clearance (CE): DJP&A will provide the environmental clearance docu- ments for the project. Based on the available project information, the project would likely be eligible for a Class 11 or Class 32 Categorical Exemption (CE) under CEQA. DJP&A will prepare a Notice of Exemption consistent with the requirements of CEQA. To support the CE, DJP&A will prepare the following technical studies: » Air Quality - Qualitative Construction Assessment Study » Cultural and Tribal Cultural Resources - Records search at Northwest Information Center of the California Historical Resources Information System (CHRIS) » Hazards and Hazardous Materials - Potential Hazardous Material Impacts based on record research. » Noise - Noise and Vibration Study » Transportation – Qualitative Vehicles Miles Traveled Analysis The Categorical Exemption document will include a project description, a brief description of the existing environmental conditions, and an assessment of how the project qualifies for a Categorical Exemption per CEQA Guidelines. 7.A.a Packet Pg. 145 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) Task 2.6 – Geotechnical Investigations: Cal Engineering will perform subsurface exploration of the property to provide geotechnical design data. Cal Engineering will use a truck mounted drill rig to dig borings to 15’ below grade. Laboratory tests will be performed on the borings, and the findings summarized in a draft and final geotechnical report. Cal Engineering will provide pavement section designs, foundation sizing, and earthwork recommendations. As part of the planned geotechnical subsurface exploration program, six additional shallow soil samples will be collected from the planned borings within the upper 5 feet for environmental analysis for VOCs/TPH-gasoline (EPA Method 8260), Multi-range hydrocarbons (EPA Method 8015), OC Pesticides (EPA Method SW8081A), CAM 17 Metals (EPA Method 200.8/6020), and, if required, STLC/TCLP (Methods E218.6/SW6020). The environmental test results will be used as a screening study to determine if contaminants may be present in the areas of planned construction. The laboratory test results will be included in the geotechnical investigation report. If significant hazardous materials are encountered, additional subsurface exploration and testing will likely be needed and are not included in this scope. Task 2.7 – Utility Coordination: BKF understands that we will be responsible for outreach with utili- ty companies for new services and managing any additional utility work. BKF recognizes the positive impacts of identifying existing utilities and mitigating impacts whenever possible. BKF is assuming that no third-party utilities require relocation as part of this project. However, utility investigation is an important task to identify potential utility conflicts and to provide mitigation of any impacts. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. If BKF identifies a potential conflict, we will work with the City and the utility owner for a proper resolution. If a utility conflict is identified by BKF, we can provide a separate quote for utility potholing. This task will also include coordination the new services application with PG&E and City of Gilroy Water Department. Task 2.8 – Permits: BKF and the consultant team will prepare permit applications for the Central Coast Regional Water Quality Control Board and the Santa Clara County Valley Habitat Agency. It is assumed that all permit fees shall be a pass through cost to the City. All permits issued by the City of Gilroy shall be a no cost permit. Task 2.9 – Concept Plan Development: Prior to the Design Development phase, BKF will prepare a maximum of three (3) parking lot concepts for staff and stakeholder review. A preliminary cost estimate will be provided with each corresponding concept plan. One final design will be selected by the City for implementation at the Design Develop- ment phase. Illustrative Site Plan/Landscape Photosimulation (Optional): As an optional task, DGA can prepare an illustrative site plan or landscape photosimulation to assist in outreach to the community or City Staff. DGA would prepare 1 draft and 1 Final Submittal. Environmental Clearance (Initial Study) (Option- al): DJP&A believes that the project will qualify for a CE based on available site information. However, at the City’s discretion, an Initial Study can be prepared in lieu of a CE. This will include preparation of the Initial Study, DGA prepared a Illustrative Site Plan and Landscape Photosimulation for the ETMA Mandela Yard project. 7.A.a Packet Pg. 146 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) preparation of a draft Mitigated Negative Declaration (MND), preparation of a draft Mitigation Monitoring and Reporting Program (MMRP), project kick-off meeting attendance, and project management and contract administration. TASK 2 – DELIVERABLES: » Topographic Survey » Property Boundary » Utility Mapping » Field Notes » CEQA Categorical Exemption » Draft/Final Geotechnical Report » SWPPP » Concept Plans (3) TASK 3 – DESIGN DEVELOPMENT After the City selects a design co ncept for implementation, BKF will confirm proposed improvements and prepare 30%, 65%, and 100% construction documents. These construction documents will con- sist of plans, technical specifications, and engineers estimate. An updated Project schedule will be included with each Design Development submittal. Task 3.1 – Construction Plans: All the major components of the design plans, technical specifica- tions and estimate will be developed to bid-ready and constructible documents. With the establish- ment and review of the improvements, design will be production-oriented for preparation of project plans. Plans to be prepared include: Cover Sheet: will be prepared to provide an overview of the project limits and an index of project sheets. Project abbreviations, legend, benchmark information and survey controls will also be in- cluded. General Notes: General notes will include City standard notes, and project notes and applicable utility notes. Demolition Plan: BKF will evaluate existing facilities impacted by the proposed improvements. The demolition plans will include existing facilities impacted by the proposed improvements, unusual/ special conditions and impacted utilities. Layout Plan: Layout Plans will be prepared showing new flatwork construction and will illustrate the limits and scope of surface improvements. Plan sheets will include basic horizontal information and identify all major construction features including areas of reconstruction and limits of conform. The plan will also identify the location of new driveways with respect to new and existing utility boxes and inlets. Right of way lines will also be shown on this plan. Construction Details: Details will be provided as necessary to guide the Contractor on special con- ditions related to project construction. BKF will show stormwater treatment details and City standard details for curb, gutter and sidewalk, drainage improvements, pavement conform, and utility adjust- ments on detail sheets. Grading and Drainage Plan and Profile: Grading and Drainage plans will be prepared showing the proposed site improvements and existing drainage system with proposed drainage modifications and additions. Existing and proposed elevations will be shown on the plan at every 50 feet and for relevant changes along the street, flow line, and sidewalk. Erosion Control Sheets: Erosion Control Sheets will be prepared showing the Best Management Practices (BMP) for the site in accordance with RWQCB and City Requirements. Striping Plan: Striping plans will be prepared for parking stall layout, accessible stalls, and necessary 7.A.a Packet Pg. 147 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) street restriping. Electrical: Electrical plans will be prepared to show lighting elements, electric vehicle charging sta- tions and electrical services for the parking lot. A photometric analysis will be prepared to determine the site lighting levels. Landscaping: Planting and Irrigation plans will be prepared to show landscape improvements, shrub and tree plantings, irrigation fixtures and equipment. Plants and irrigation will be consist with City standards and local water use requirements. As part of this task, a Storm Water Pollution Prevention Plan (SWPPP) will be prepared for the project which will document construction and post-construction BMPs. For the 30% submittal, BKF will provide a cover sheet, layout plan and striping plan. All sheets will be provided at the 65% and 100% submittals. Task 3.2 – Technical Specifications: Project Technical Specifications will be prepared using the City standard format for all work items necessary for the construction of the project. For the 30% sub- mittal, only a table of contents will be prepared. Full Technical Specifications will be provided at the 65% and 100% submittals. Task 3.3 – Cost Estimate: The construction cost estimate will be updated to validate the current design and verify funding requirements for construction of the Project. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total project cost, including allowances for mobilization and contingencies. Unit prices will be determined from similar projects that were recently constructed in the nearby areas. Task 3.4 – Quality Assurance/Quality Control (QA/QC) and Peer Review: BKF will perform an in-house QA/QC review of the final construction documents submitted to the City. BKF’s quality control review will include the review of the design package and response to comments for coordi-nation among the various design elements. The different project sheets will present the design in a common manner with no contradictions or variances. A peer review will be prepared with the 100% submittal. TASK 3 – DELIVERABLES: » Project Plans, Technical Specifications and Cost Estimate, response to comments and updated Project Schedule for 30%, 65%, 100% Submittals » Project SWPPP TASK 4 – BID PACKAGE BKF will incorporate recommendations from the City on the Design Development submittals and provide a final, bid-ready construction package. This will include documents in hard copy, PDF, and digital formats. It is BKF’s understanding that the City will prepare the bid package, advertise and award the project. TASK 4 – DELIVERABLES: » Issued for Bid Plans, Specifications, and Bid List with Engineer’s Estimate TASK 5 – BIDDING SERVICES BKF will provide support to the City during the bidding process by responding to bidder questions and preparing contract addenda, if necessary and requested by the City. TASK 5 – DELIVERABLES: » Response to Bidder Questions » Contract Addenda if necessary 7.A.a Packet Pg. 148 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) TASK 6 – CONSTRUCTION ENGINEERING SUPPORT SERVICES BKF will provide support to the City during the construction process by providing the following: » Attend internal handoff meeting, pre-construction meeting and lessons learned meeting » Review Contractor submittals » Respond to Contractor RFIs and prepare CCOs » Develop final punch list » Prepare Record Drawings 7.A.a Packet Pg. 149 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “C” MILESTONE SCHEDULE 7.A.a Packet Pg. 150 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) ID Task NameDuration Start120-RFP-PW-444130 daysWed 7/15/202Project Start-Up8 daysWed 7/15/203City Council Award1 dayWed 7/15/204Kickoff Meeting1 dayFri 7/17/205Collect Project Data, Util Maps, Prepare for Field Investigations5 daysMon 7/20/206Investigations, Studies, Alternative Development31 daysMon 7/27/207Field Review1 dayMon 7/27/208Topographic Survey2 daysTue 8/4/209R/W Record Boundary3 daysThu 8/6/2010Geotechnical Investigations/Report20 daysTue 8/11/2011Alternative Development10 daysTue 8/11/2012City Selects Preferred Alternative10 daysTue 8/25/2013Environmental Clearance50 daysTue 9/22/2014Prepare Technical Stuides and Draft CE30 daysTue 9/22/2015Review of Draft CE10 daysTue 11/3/2016Incorporate Comments and Final CE10 daysTue 11/17/2017File CE0 daysMon 11/30/2018Design Development71 daysTue 9/8/2019Utility services and coordination30 daysTue 9/8/2020Prepare 30% PS&E15 daysTue 9/8/2021Submit 30% PS&E0 daysMon 9/28/2022City Review Period15 daysTue 9/29/2023Comment Resolution meeting1 dayThu 10/22/2024Prepare 65% PS&E10 daysFri 10/23/2025Submit 65% PS&E0 daysThu 11/5/2026City Review Period15 daysFri 11/6/2027Comment Resolution meeting1 dayTue 12/1/2028Prepare 100% PS&E10 daysWed 12/2/2029Submit 100% PS&E0 daysTue 12/15/2030Bid Package and Advertise20 daysWed 12/16/2031City Review Period10 daysWed 12/16/2032Prepare Bid Package10 daysWed 12/30/2033Submit to City for Advertisement0 daysTue 1/12/2111/309/2811/512/151/121219262916233061320274111825181522296132027310Aug '20Sep '20Oct '20Nov '20Dec '20Jan '21TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressCity of GilroyEigleberry and Seventh Parking Lot 20-RFP-PW-444Page 17.A.aPacket Pg. 151Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 4845-6718-3385v1 LAC\04706083 -1- EXHIBIT “D” PAYMENT SCHEDULE 7.A.a Packet Pg. 152 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 TASK 1 1.1 Project Administration and Communications 2 8 10 2,254.00$ 1.2 Project Kick-off Meeting 2 2 4 796.00$ 1.3 Progress Review Meetings 4 4 876.00$ 1.4 Project Schedule 4 4 876.00$ 1.5 Invoices/Progress Reports 4 4 876.00$ 1.6 Quality Assurance/Quality Control 2 4 6 1,274.00$ Subtotals 2 24 -4 -2 -----32 6,952.00$ TASK 2 2.1 Collect & Review Record Data, As-Builts, Utility Maps, and Review Relevant Project Information 2 4 6 906.00$ 2.2 Field Review 4 4 8 1,264.00$ 2.3 Topographic Survey 3 1.5 6 12 24 46.5 10,699.50$ 2.4 Right-of-Way Boundary (From Record)1 0.5 8 1 4 4 8 26.5 5,603.50$ 2.5 Environmental Clearance (See subconsultants)0 -$ 2.6 Geotechnical Investigations (See subconsultants)0 -$ 2.7 Utility Coordination 2 8 8 18 2,966.00$ 2.8 Permits 2 4 16 22 3,346.00$ 2.9 Concept Plan Development (3 alts)2 2 16 16 36 5,596.00$ Subtotals -10 2 -8 21 26 48 16 32 -163 30,381.00$ TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 2 2 6 20 20 50 7,530.00$ Prepare 30% Technical Specifications and Front-End 2 10 12 2,228.00$ Prepare 30% Cost Estimate 8 8 16 2,352.00$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 2 2 4 796.00$ Prepare 65% Plans 2 2 8 24 30 66 9,866.00$ Prepare 65% Technical Specifications and Front-End 16 16 2,864.00$ Prepare 65% Cost Estimate 10 10 20 2,940.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 2 2 4 796.00$ Peer Review 2 4 6 1,274.00$ Prepare 100% Plans 2 4 20 20 46 6,754.00$ Prepare 100% Technical Specifications and Front-End 10 10 1,790.00$ Prepare 100% Cost Estimate 8 8 16 2,352.00$ Subtotals -14 -8 -58 26 90 70 --266 41,542.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Project Management Project Investigations, Studies and Alternative Development BKF Engineers Page 1 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 153 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY TASK 4 4.1 Prepare Bid Set Package 2 2 8 12 2,084.00$ Subtotals 2 2 ------8 --12 2,084.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 438.00$ 5.2 Prepare Contract Addendum 2 4 6 930.00$ 5.3 Prepare Conform Set 2 4 6 930.00$ Subtotals -2 ---4 --8 --14 2,298.00$ TASK 6 6.1 Meetings (Internal Handoff, Pre-Con, Lessons Learned, Periodic Construction Progress Meetings)4 6 4 14 2,578.00$ 6.2 RFI Review 2 6 8 16 2,768.00$ 6.3 Submittal Review 8 10 18 3,002.00$ 6.4 CCO 2 6 8 8 24 3,620.00$ 6.5 Record Drawings 4 8 12 1,860.00$ Subtotals -8 ---24 28 8 16 --84 13,828.00$ PIC (Natalina Bernardi) PM (Marcelo Cosentino Associate (Davis Thresh) QA/QC (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Total Labor Totals By Classifications 4 60 2 12 8 109 80 146 118 32 -394 Total Direct Labor 1,004.00$13,140.00$502.00$2,508.00$1,544.00$19,511.00$12,560.00$20,002.00$16,874.00$9,440.00$-$97,085.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 David J. Powers and Assoc (Environmental)32,961.50$$32,961.50 Cal Engineering and Geology (Geotechnical)27,880.60$$27,880.60 Gates and Associates (Landscape Architecture)25,735.82$2,392.50$6,633.00$$34,761.32 AEC (Electrical Engineering)18,909.88$1,749.00$5,104.00$$25,762.88 Subtotal - Subconsultants (*includes 10% markup)$121,366.30 Reimbursables Printing, Deliver, Mileage, Postage, Parking $1,000.00 Subtotal - Reimbursables $1,000.00 PROJECT TOTAL 219,451.30$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Construction Engineering Support Services Bid Package 97,085.00$ Bidding Services BKF Engineers Page 2 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 154 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) QA/QC / Peer Review (Carmelo Cecilio) Engr Manager Sr Project Engineer Project Engineer Design Engineer Drafter III Field Survey Crew Admin Total Hrs EST FEE $251.00 $219.00 $251.00 $209.00 $193.00 $179.00 $157.00 $137.00 $143.00 $295.00 $70.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Optional Tasks Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Illustrative Site Plan 3,861.00$$3,861.00 Landscape Photosimulation 2,717.00$$2,717.00 Environmental Clearance (Initial Study)25,273.60$$25,273.60 Subtotal - Optional Tasks $31,851.60 BKF Engineers Page 3 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 155 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Senior Engineer Project Engineer Staff Engineer GIS Specialist Project Asssitant Total Hrs EST FEE $240.00 $215.00 $200.00 $160.00 $145.00 $140.00 $95.00 TASK 2 2.6 Geotechnical Investigations 0 -$ Coord/Site Recon/Permitting 3 6 5 2 16 3,000.00$ Field Investigation 1 3 13 17 2,965.00$ Laboratory Testing 2 2 4 8 1,550.00$ Geotechnical Investigation Report 4 3 11 17 4 39 7,085.00$ Subtotals 10 14 11 39 -4 2 ----80 14,600.00$ Principal Associate Senior Engineer Project Engineer Staff Engineer GIS Specialist Project Asssitant Total Total Labor Totals By Classifications 10 14 11 39 -4 2 ----- Total Direct Labor 2,400.00$3,010.00$2,200.00$6,240.00$-$560.00$190.00$-$-$-$-$14,600.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Drilling Crew/Equipment 5,051.00$$5,051.00 Laboratory Testing 5,615.00$$5,615.00 $0.00 $0.00 Subtotal - Subconsultants $10,666.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $80.00 Subtotal - Reimbursables $80.00 PROJECT TOTAL 25,346.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. 2. As part of the planned geotechnical subsurface exploration, six additional shallow soil samples will be collected from the planned borings within the upper 5 feet for environmental analysis. CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 CAL ENGINEERING AND GEOLOGY STAFF CATEGORY Project Investigations, Studies and Alternative Development 14,600.00$ BKF Engineers Page 4 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 156 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Hrs EST FEE $175.00 $155.00 $150.00 $135.00 $125.00 $110.00 $180.00 TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 0 -$ Prepare 30% Technical Specifications and Front-End 0 -$ Prepare 30% Cost Estimate 0 -$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 2 4 16 22 3,370.00$ Prepare 65% Plans 1 12 16 34 16 79 11,055.00$ Prepare 65% Technical Specifications and Front-End 1 4 2 7 1,095.00$ Prepare 65% Cost Estimate 1 1 10 12 1,555.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 1 2 1 2 6 855.00$ Peer Review 0 -$ Prepare 100% Plans 4 4 1 18 27 3,325.00$ Prepare 100% Technical Specifications and Front-End 1 2 3 485.00$ Prepare 100% Cost Estimate 1 2 3 405.00$ Prepare SWPPP 0 -$ Subtotals 6 30 40 -13 54 16 ----159 22,145.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 2 6 830.00$ 5.2 Prepare Contract Addendum 2 4 6 750.00$ 5.3 Prepare Conform Set 1 4 5 595.00$ Subtotals -5 2 --10 -----17 2,175.00$ TASK 6 6.1 Meetings (Plant review meeting, punch list meeting and assumes up to two phone meetings for landscaping and irrigation)8 4 12 1,840.00$ 6.2 RFI Review 6 4 4 14 2,030.00$ 6.3 Submittal Review 1 2 4 7 955.00$ 6.4 CCO 1 1 2 4 500.00$ 6.5 Record Drawings 1 2 2 5 705.00$ Subtotals -17 12 -11 2 -----42 6,030.00$ Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Total Labor Totals By Classifications 6 52 54 -24 66 16 ----218 Total Direct Labor 1,050.00$8,060.00$8,100.00$-$3,000.00$7,260.00$2,880.00$-$-$-$-$30,350.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 DAVID GATES AND ASSOCIATES STAFF CATEGORY Bidding Services Construction Engineering Support Services 30,350.00$ BKF Engineers Page 5 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 157 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Principal Associate Principal Irrigation Designer Senior Associate Job Captain Production Arborist Total Hrs EST FEE $175.00 $155.00 $150.00 $135.00 $125.00 $110.00 $180.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 DAVID GATES AND ASSOCIATES STAFF CATEGORY Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $1,251.20 Subtotal - Reimbursables $1,251.20 PROJECT TOTAL 31,601.20$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. 2. Decorative hardscape elements and vertical elements (such as design of kiosks) are not included in the above scope of work. BKF Engineers Page 6 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 158 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Proj Mgr Proj Engr Elec Engr Total Hrs EST FEE $170.00 $135.00 $110.00 TASK 3 Design Development 3.1 30% PS&E Prepare 30% Plans 0 -$ Prepare 30% Technical Specifications and Front-End 0 -$ Prepare 30% Cost Estimate 0 -$ 3.2 65% PS&E Review/Resolve Comments from 30% Plans 4 4 8 1,220.00$ Prepare 65% Plans 20 28 20 68 9,380.00$ Prepare 65% Technical Specifications and Front-End 2 2 4 610.00$ Prepare 65% Cost Estimate 2 4 6 880.00$ 3.3 100% PS&E Review/Resolve Comments from 65% Plans 4 4 8 1,220.00$ Peer Review 0 -$ Prepare 100% Plans 4 8 12 1,760.00$ Prepare 100% Technical Specifications and Front-End 2 2 4 610.00$ Prepare 100% Cost Estimate 2 2 4 610.00$ Prepare SWPPP 0 -$ Subtotals 40 54 20 --------114 16,290.00$ TASK 5 5.1 Respond to Contractor Questions 2 2 4 610.00$ 5.2 Prepare Contract Addendum 2 2 4 490.00$ 5.3 Prepare Conform Set 2 2 4 490.00$ Subtotals 2 6 4 --------12 1,590.00$ TASK 6 6.1 Meetings (Internal Handoff, Pre-Con, Lessons Learned)0 -$ 6.2 RFI Review 4 6 10 1,490.00$ 6.3 Submittal Review 4 4 8 1,220.00$ 6.4 CCO 4 4 2 10 1,440.00$ 6.5 Record Drawings 2 2 4 490.00$ Subtotals 12 16 4 --------32 4,640.00$ Proj Mgr Proj Engr Elec Engr Total Total Labor Totals By Classifications 54 76 28 --------158 Total Direct Labor 9,180.00$10,260.00$3,080.00$-$-$-$-$-$-$-$-$22,520.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ALLIANCE ENGINEERING CONSULTANTS STAFF CATEGORY Bidding Services Construction Engineering Support Services 22,520.00$ BKF Engineers Page 7 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 159 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Proj Mgr Proj Engr Elec Engr Total Hrs EST FEE $170.00 $135.00 $110.00 CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ALLIANCE ENGINEERING CONSULTANTS STAFF CATEGORY Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $900.80 Subtotal - Reimbursables $900.80 PROJECT TOTAL 23,420.80$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. BKF Engineers Page 8 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 160 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 2 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Researcher Graphic Artist Total Hrs EST FEE $300.00 $275.00 $240.00 $215.00 $190.00 $160.00 $130.00 $115.00 $120.00 TASK 2 2.5 Environmental Clearance (See subconsultants)9 21 58 8 96 14,095.00$ Subtotals -9 --21 --58 8 --96 14,095.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Researcher Graphic Artist Total Total Labor Totals By Classifications -9 --21 --58 8 --- Total Direct Labor -$2,475.00$-$-$3,990.00$-$-$6,670.00$960.00$-$-$14,095.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 Hexagon (VMT Analysis)2,875.00$$2,875.00 Holman and Associates (Arch)3,450.00$$3,450.00 Illingworth and Rodkin (Noise/Vibration)7,475.00$$7,475.00 Illingworth and Rodkin (Construction Asssessment)2,070.00$$2,070.00 Subtotal - Subconsultants (*includes 15% markup)$15,870.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $0.00 Subtotal - Reimbursables $0.00 PROJECT TOTAL 29,965.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 STAFF CATEGORY Project Investigations, Studies and Alternative Development 14,095.00$ DAVID J. POWERS AND ASSOCIATES BKF Engineers Page 9 of 12 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 161 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Snr Principal Snr Assoc Total Hrs EST FEE $285.00 $230.00 TASK 2 2.5 Hexagon (VMT Analysis)3 7 10 2,465.00$ Subtotals 3 7 ---------10 2,465.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 3 7 ---------- Total Direct Labor 855.00$1,610.00$-$-$-$-$-$-$-$-$-$2,465.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $35.00 Subtotal - Subconsultants $35.00 PROJECT TOTAL 2,500.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 2,465.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 HEXAGON TRANSPORTATION CONSULTANTS STAFF CATEGORY BKF Engineers Page 10 of 2 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 162 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Updated July 31st, 2020 TASK SCOPE DESCRIPTION Supervisor Admin Graphics Total Hrs EST FEE $150.00 $100.00 $100.00 TASK 2 2.5 Holman and Associates (Arch)1.5 25 1 27.5 2,825.00$ Subtotals 2 25 1 ------28 2,825.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 2 25 1 --------- Total Direct Labor 225.00$2,500.00$100.00$-$-$-$-$-$-$-$-$2,825.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 CHRIS Record Search Fee 175.00$$175.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $175.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking $0.00 Subtotal - Subconsultants $0.00 PROJECT TOTAL 3,000.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 2,825.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 HOLMAN & ASSOCIATES STAFF CATEGORY BKF Engineers Page 11 of 2 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 163 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 8/3/2020 Revision 1 Updated July 17th, 2020 TASK SCOPE DESCRIPTION Principal Consultant Consultant Staff Consultant Total Hrs EST FEE $230.00 $155.00 $180.00 TASK 2 2.5 Illingworth & Rodkin (Noise/Vibration)2.5 38 40.5 6,465.00$ Illingworth & Rodkin (Air Quality Assessment)1.5 8 1,785.00$ Subtotals 4 38 8 ------41 8,250.00$ Snr Principal Princ PM Snr Specialist Snr PM PM Assoc PM Assist PM Total Total Labor Totals By Classifications 4 38 8 --------- Total Direct Labor 920.00$5,890.00$1,440.00$-$-$-$-$-$-$-$-$8,250.00$ Subconsultants Task 1 Task 2 Task 3 Task4 Task 5 Task 6 $0.00 $0.00 $0.00 $0.00 Subtotal - Subconsultants $0.00 Reimbursables Printing, Deliver, Mileage, Postage, Parking 50 $50.00 Subtotal - Subconsultants $50.00 PROJECT TOTAL 8,300.00$ Assumptions: 1. Fees are locked for the extent of contract - anticipated through end of 2021. Project Investigations, Studies and Alternative Development 8,250.00$ CITY OF GILROY EIGLEBERRY AND SEVENTH PARKING LOT 20-RFP-PW-444 ILLINGWORTH & RODKIN STAFF CATEGORY BKF Engineers Page 12 of 2 Fee Form_Compiled_Rev_2.xls 7.A.a Packet Pg. 164 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/1/2020 Dealey,Renton &Associates P.O.Box 12675 Oakland CA 94604-2675 Nancy Ferrick 510-465-3090 nferrick@dealeyrenton.com XL Speciality Insurance Company 37885 BKFENGINE Travelers Property Casualty Company of America 25674BKFEngineers 255 Shoreline Drive,Suite 200 Redwood City CA 94065-1428 The Travelers Indemnity Company of Connecticut 25682 354819778 B X 1,000,000 X 1,000,000 10,000 X Cross Liability 1,000,000 2,000,000 X Y Y 6808J585363 9/1/2020 9/1/2021 2,000,000 C 1,000,000 X X X Y Y BA8J591007 9/1/2020 9/1/2021 B X X 5,000,000YCUP8J5950069/1/2020Y 9/1/2021 5,000,000 B X N Y UB7N703435 9/1/2020 9/1/2021 1,000,000 1,000,000 1,000,000 A Professional Liability DPR9965649 9/1/2020 9/1/2021 $5,000,000 $7,000,000 per Claim Annual Aggregate Re:Eigleberry and Seventh Parking Lot -20-RFP-PW-444.City of Gilroy,its officers,officials and employees are named as Additional Insured for General and Auto Liability as required per written contract or agreement.Insurance is primary per policy form.A Waiver of Subrogation applies to General Liability and Workers'Compensation.30 Days Notice of Cancellation.The Professional Liability policy is Claims-Made.Professional Liability Retroactive Date:01/01/1916. 30 Days Notice of Cancellation. 30 Days Notice of Cancellation City of Gilroy,its officers, officials and employees 7351 Rosanna Street Gilroy,CA 95020 7.A.a Packet Pg. 165 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) POLICY NUMBER COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS,LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s)or Organization(s): Location of Covered Operations: (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) A.Section II Who Is An Insured is amended to in-This insurance does not apply to "bodily injury"or clude as an additional insured the person(s)or "property damage"occurring,or “personal injury” organization(s)shown in the Schedule,but only or “advertising injury”arising out of an offense with respect to liability for "bodily injury","property committed,after: damage","personal injury”or “advertising injury"1.All work,including materials,parts or equip- caused,in whole or in part,by:ment furnished in connection with such work, 1.Your acts or omissions;or on the project (other than service,mainte- nance or repairs)to be performed by or on2.The acts or omissions of those acting on your behalf of the additional insured(s)at the loca-behalf;tion of the covered operations has been com- in the performance of your ongoing operations for pleted;or the additional insured(s)at the location(s)desig-2.That portion of "your work"out of which thenatedabove. injury or damage arises has been put to its in- B.With respect to the insurance afforded to these tended use by any person or organization additional insureds,the following additional exclu-other than another contractor or subcontrac- sions apply:tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St.Paul Travelers Companies,Inc.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 6808J585363 9/1/2020 City of Gilroy, its officers, officials and employees Re: Eigleberry and Seventh Parking Lot - 20-RFP-PW-444 7.A.a Packet Pg. 166 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò ̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»ôײ½òôîððì п¹»ï±ºï 9/1/20206808J585363 City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy,, CA 95020 Re: Eigleberry and Seventh Parking Lot - 20-RFP-PW-444 7.A.a Packet Pg. 167 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) 6808J585363 09/01/2020 City of Gilroy, its officers, officials and employees 7.A.a Packet Pg. 168 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò Éß×ÊÛÎÑÚÌÎßÒÍÚÛÎÑÚÎ×ÙØÌÍÑÚÎÛÝÑÊÛÎÇ ßÙß×ÒÍÌÑÌØÛÎÍÌÑËÍ Ì¸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ ø׺²±»²¬®§¿°°»¿®¿¾±ª»ô·²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·»²¼±®»³»²¬©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±² ¿¿°°´·½¿¾´»¬±¬¸·»²¼±®»³»²¬ò÷ ̸» ÌÎßÒÍÚÛÎ ÑÚ Î×ÙØÌÍ ÑÚ ÎÛÝÑÊÛÎÇ ¼¿³¿¹»¿®··²¹±«¬±º§±«®±²¹±·²¹±°»®¿¬·±²±® ßÙß×ÒÍÌ ÑÌØÛÎÍ ÌÑ ËÍ Ý±²¼·¬·±² øÍ»½¬·±² ×Êó þ§±«®©±®µþ¼±²»«²¼»®¿½±²¬®¿½¬©·¬¸¬¸¿¬°»®±² ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇ ÝÑÒÜ×Ì×ÑÒÍ÷ ±® ±®¹¿²·¦¿¬·±² ¿²¼ ·²½´«¼»¼ ·² ¬¸» þ°®±¼«½¬ó ·¿³»²¼»¼¾§¬¸»¿¼¼·¬·±²±º¬¸»º±´´±©·²¹æ ½±³°´»¬»¼±°»®¿¬·±²¸¿¦¿®¼òþ̸·©¿·ª»®¿°°´·» ±²´§¬± ¬¸»°»®±² ±®±®¹¿²·¦¿¬·±² ¸±©² ·² ¬¸»É»©¿·ª»¿²§®·¹¸¬±º®»½±ª»®§©»³¿§¸¿ª»¿¹¿·²¬Í½¸»¼«´»¿¾±ª»ò¬¸»°»®±²±®±®¹¿²·¦¿¬·±²¸±©²·²¬¸»Í½¸»¼«´» ¿¾±ª»¾»½¿«»±º°¿§³»²¬©»³¿µ»º±®·²¶«®§±® ݱ°§®·¹¸¬ôײ«®¿²½»Í»®ª·½»Ñºº·½»ôײ½òôïççî п¹»ï±ºï 9/1/20206808J585363 City of Gilroy, its officers, officials and employees 7.A.a Packet Pg. 169 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) POLICY NUMBER: BA8J591007 7.A.a Packet Pg. 170 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB7N03435 Travelers Property Casualty Company of America 09/01/2020 7.A.a Packet Pg. 171 Attachment: BKF Engineers Service Agreement (2960 : Award Contract to BKF Engineers for Eigleberry & 7th Parking Lot) City of Gilroy STAFF REPORT Agenda Item Title: Award of Contract in the Amount of $289,060 to Safety Network Traffic Signs, Inc. for the Citywide Sign Replacement Project No. 21-PW -259 and Approval of a Fiscal Year 2020-2021 Budget Amendment in the Amount of $289,060 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2020-2021 and appropriating proposed expenditure amendments. b) Award a contract to Safety Network Traffic Signs, Inc. in the amount of $289,060 for the construction of the citywide sign replacement p roject, No. 21-PW -259, and authorize the Interim City Administrator to execute the contract and associated documents. 7.B Packet Pg. 172 BACKGROUND Sign retroreflectivity standards were added to the Manual for Uniform Traffic Control Devices (MUTCD) in 2007. These standards were later revised in the latest California MUTCD 2014 edition. The intent of these standards is to reduce nighttime crash rate by providing adequate visibility to regulatory and guidance signs. According to the Federal Highway Administration (FHWA), only about 25% of trips occur at night, but 50% of all crashes happen during this time. In May 2016 staff issued a Request for Proposal (RFP) for Regulatory Sign Inventory and Retroreflectivity Assessment. The purpose of the RFP was to conduct an inventory of all City regulatory signs and evaluate their retroreflectivity level. This project provided the followings: Retroreflectivity readings of each sign, including the reason for the sign’s failure should it not pass due to deterioration, obstruction, vandalism, or other reason. GPS coordinates for each sign Photographic documentation of each sign Sign size, type, and mounting assembly Per the MUTCD, local agencies shall achieve the minimum retroreflectivity levels by having a method in place, and using that method to maintain the minimum level. The City can be in compliance by implementing a maintenance method, even if some signs do not meet levels at a particular time. In the spring of 2018, the consultant completed the inventory. A detail ed report can be found in Attachment A. In summary, the consultant evaluated a total of 6,686 signs (for an average of 1 sign every 100 feet). A total of 2,683 signs were found to be deficient and in need of replacement. This accounts for 40% of the entire citywide sign inventory. To manage the replacement of these signs, the report divides the total number of deficient signs into 3 phases. Phase I: Highest Priority Signs (Base Bid) o This phase includes 419 STOP signs, 6 Yield signs, and 320 ALL WAY plaques. Phase II: Intermediate Priority Signs (Base Bid) o Phase IIA: Regulatory Signs 105 Speed Limit signs, 39 Turning Prohibition signs, and 105 Lane Guidance signs o Phase IIB: Advance Warning Signs 7.B Packet Pg. 173 135 various School, Pedestrian and Bicycle signs, 72 Horizontal Alignment signs, 104 Intersection and Crossing signs, and 163 of other Warning signs Phase III: Standard Priority Signs (Bid Alternate) o 1,203 Street Name signs, and 12 Guide signs. In June 2019, the City Council adopted the FY20 – FY21 Budget, and appropriated $121,500 in FY20, and $121,500 in FY21 for a total of $243,000 for the construction phase of the project using Vehicle Registration Fee Fund (225). For better pricing and the benefit of the economy of scale, staff has combined both construction phases into one project for council consideration. The Phase III (Bid Alternate) signage, which includes replacement of the City’s street name and guide signs, will be done under a future project. ANALYSIS On July 24, 2020, staff advertised the Citywide Sign Replacement Project in the San Jose Mercury News and other bidder exchange platforms with a bid opening date of August 20, 2020. One addendum was issued for this bid on August 11, 2020. Staff received three bids for this project. A summary of the bid results is as follows: RANK COMPANY NAME BASE BID AMOUNT (Phase I & II) BID ALTERNATIVE 1 AMOUNT (Phase III) TOTAL BID AMOUNT 1 Safety Network Traffic Signs, Inc. $289,060.00 $210,900.00 $499,960.00 2 Chrisp Company $418,615.00 $201,920.00 $620,535.00 3 Statewide Traffic Safety $469,910.00 $146,380.00 $616,290.00 The lowest responsive bidder is Safety Network Traffic Signs, Inc. with a base bid of $289,060.00. The Engineer’s Estimate for the base bid was $322,371.00. The lowest bid is 10.0% lower than the engineer’s estimate. The award of the contract is based on the price of the base bid (Phase I and Phase II signs). The price difference between the lowest responsible bidder and the second bidder is $129,555. The difference between the second bidder and the third bidder is $51,295. It is worth noting that Safety Network Traffic Signs, Inc. is the consultant who performed the sign inventory for this project in 2018. They have a clear understanding of the project needs. This may have contributed to the price differences seen in the bid s received. ALTERNATIVES 7.B Packet Pg. 174 City Council may reject all bids. However this will cause a delay in the project and potentially cause the City to incur additional costs due to rebidding. This may also expand the City’s liability if collisions occur due to inadequate sign reflectivity. STAFF DOES NOT RECOMMEND THIS OPTION. FISCAL IMPACT/FUNDING SOURCE In June 2019, the City Council adopted the FY20 – FY21 Budget, and appropriated $121,500 in FY20, and $121,500 in FY21 for a total of $243,000 for the construction phase of this project under the Vehicle Registration Fee Fund (225). This appropriation is to address signs in Phase I and Phase II. The total base bid amount is $289,060. This bid amount is $46,060 more than the appropriated funds under FY20 and FY21 combined. The Phase III signage (Bid Alternate), which includes replacement of the City’s street name and guide signs, will be replaced under a future project. Staff recommends that the City Council adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2020-2021 budget increasing the Vehicle Registration Fee Fund 225 by $243,000 and appropriating proposed expenditure amendments. This amendment is to reallocate and appropriate $243,000 at once that was previously approved in separate equal amounts for FY20 to FY21 respectively. To account for the $46,060 shortfall for approving the base bid amount (Phase I and Phase II signs), staff recommends the following: 1. Staff recommends that the City Council adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2020-2021 budget increasing the Gas Tax Fund 2106 (Fund 210) by $26,060, and appropriating proposed expenditure amendments. 2. Staff also recommends that the City Council adopt a resolution of the City Council of the City of Gilroy amending the fiscal year 2020-2021 budget increasing the Gas Tax Fund 2103 (Fund 213) by $20,000, and appropriating proposed expenditure amendments. Below is a table summarizing the proposed budget amendment and total project budget: Adopted Budget Proposed Budget Funding Source FY20 FY21 FY 21 Vehicle Registration Fees (Fund 225) $121,500.00 $121,500.00 $243,000 Gas Tax Fund 2106 (Fund 210) $26,060 Gas Tax Fund 2103 (Fund 213) $20,000 7.B Packet Pg. 175 Total Project Funding $289,060 Project Expenditure $289,060 Attachments: 1. Attachment A: Sign Inventory and Retroreflectivity Report 2. Resolution citywide sign replacement budget amendment 3. 21-PW -259 Draft Contract for Safety Network Traffic Signs, Inc. 7.B Packet Pg. 176 City of Gilroy Report on Stop Sign Inventory and Retroreflectivity Spring 2018 7.B.a Packet Pg. 177 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 2 7.B.a Packet Pg. 178 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 3 Executive Summary The Federal Highway Administration (FHWA) established requirements for the assessment of all traffic signs to meet minimum levels of retroreflectivity and legibility. These requirements were adopted by the California Department of Transportation (CalTrans), and are currently published in the 2014 California Manual on Uniform Traffic Control Devices, Revision 2 (CA MUTCD). As of June 2014, every public agency is required to use a method to determine whether its traffic signs meet the requirements set forth in the CA MUTCD. In order to do so, agencies may need to take inventory of all their signs, and assess each one for retroreflectivity and legibility. Upon determining any deficient signs, an agency must develop a plan to replace these signs as soon as resources become available. In order to meet these requirements, the City of Gilroy contracted with Safety Network Traffic Signs, Inc. of Fresno, California, to build the signage inventory, assess each sign for retroflectivity and legibility, and provide guidance regarding the replacement of deficient signs. This process involved several months of field assessment, ascertained by physically visiting every individual sign. The field assessment was followed by office analyst review of all data collected. The inventory was completed in the Spring of 2018. The entire inventory of retroreflective, sheet aluminum traffic signs in the City of Gilroy totaled 6,686 signs. After assessing each sign, a total of 2,683 signs (40% of entire inventory) were found to be deficient, and in need of replacement. The highest quantity of these deficient signs is Street Name Signs, which total 1,203 signs (45% of all signs that failed). The greater majority of these signs failed due to their use of reflective material that is not allowed by the CA MUTCD for this application. The highest liability of these deficient signs are STOP signs, of which 419 signs were found to be deficient. This represents 44% of all STOP signs in the City (419 failed STOP signs out of 942 total STOP signs). As the primary traffic control device of non-signalized intersections, any deficient STOP sign presents a significant risk factor and liability to the City. The estimated cost to replace all 2,683 deficient signs with compliant, high-quality retroreflective materials, and labor to install them, is approximately $ 358,000.00, with the average cost per sign fabrication, old removal and new installation being $ 133.43 per sign. Recommendations have been made in this report to replace the signs in a specified order of priority, separated into three phases. This information will give the City the ability to determine the appropriate fiscal course of action. 7.B.a Packet Pg. 179 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 4 INVENTORY ANAYLSIS Table 1 (see below) summarizes the total quantities of signs in the entire inventory, the quantities of deficient signs (due for replacement), and an estimated cost of replacement. Each line item assumes an average of $ 50.00 per sign panel replaced (labor). The material costs for each sign are calculated as an average of the total size of signs (square feet) for that line item. Naturally, the actual total cost may be less, given that multiple deficient signs may be on the same post. In addition to these estimates, the City should add some contingency during an actual replacement project, for possible changes required to sign posts and/or mounting hardware, due to changes in sizes of sign panels. Table 1 is broken up by the recommended grouping of sign replacement: PHASE 1: STOP signs PHASE 2: Regulatory, Warning, and School signs PHASE 3: Street Name signs and Guide signs Table 1: Total Quantities, Deficient Quantities, and Replacement Estimates Phase 1 – STOP signs Sign Code Description / Legend Inventory Total Deficient Signs Qty Priority Grouping Number Estimated Replacement Cost R1-1 STOP 942 419 1.1 $ 66,000.00 R1-2 YIELD 30 6 1.2 $ 1,000.00 R1-3P ALL WAY (plaque) 5 320* 1.3 $ 16,000.00 TOTAL 977 745 $ 83,000.00 * includes an estimated quantity of 315 of R1-3P (ALL WAY) plaques that do not currently exist at intersections where this plaque is required. Refer to 2014 California MUTCD Section 2B.05, paragraphs 04 thru 06 7.B.a Packet Pg. 180 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 5 Phase 2 – Regulatory, Warning and School signs Sign Code Description / Legend Inventory Total Deficient Signs Qty Priority Grouping Number Estimated Replacement Cost R2-1 R48-1 (CA) Speed Limit signs 354 105 2.1 $ 15,000.00 R3-1 R3-2 R3-4 R3-18 Turning Prohibition signs 95 39 2.2 $ 5,000.00 R3-5 R3-7 R4-7 R4-7a R6-1, R6-2 R10-12 R61 series R73 series Lane Guidance signs 182 105 2.3 $ 21,000.00 S1-1 W11-1 W11-2 W16-7P W16-9P School, Pedestrian, Bicycle signs, and related Placards 751 135 2.4 $ 18,000.00 W1 series W2 series W13-1 Horizontal Alignment signs 130 72 2.5 $ 11,000.00 W3 series W4 series W10 series Intersection, Crossing signs 248 104 2.6 $ 15,000.00 W5 series W8 series W9 series Vertical Alignment, Merging signs 14 8 2.7 $ 2,000.00 W14 series W31 Roadway End signs 106 99 2.8 $ 15,000.00 Various Other Regulatory and Warning signs 1,714 56 2.9 $ 7,000.00 TOTAL 3,594 723 $ 109,000.00 7.B.a Packet Pg. 181 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 6 Phase 3 – Street Name signs and Guide signs Sign Code Description / Legend Inventory Total Deficient Signs Qty Priority Grouping Number Estimated Replacement Cost SNS-Small Street Name Sign, Ground-Mounted 1,968 1,171 3.1 $ 147,000.00 SNS-Large Street Name Sign, Traffic Signal 48 32 3.2 $ 16,000.00 Various Guide signs 99 12 3.3 $ 3,000.00 TOTAL 2,115 1,215 $ 166,000.00 TOTAL ESTIMATED COST OF REPLACEMENT: $ 358,000.00 7.B.a Packet Pg. 182 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 7 REPLACEMENT RECOMMENDATIONS The following general recommendations are reflected in the Estimated Cost of Replacement: • It is recommended that Type XI reflective sheeting (3M Diamond Grade 3, or comparable) and Anti-Graffiti Overlay Film (3M 1160, or comparable) be used for manufacturing all new signs that required to meet the minimum retroreflectivity standards specified in Section 2A.08 and Table 2A-3 of the California MUTCD. Type XI sheeting will give the greatest possible visibility distance, the widest array of observation angles, and greatest longevity and warranty of any reflective material. The Anti-graffiti protection film not only provides for easy removal of graffiti, but also acts as a protector against a variety of weathering conditions, especially ultraviolet light. This quality is particularly important for STOP signs, because an unprotected red sign background is extremely susceptible to fading and discoloration, quickly making this sign a candidate for failing proper retroreflective levels due to Contrast Ratio. Additionally, the Florescent Yellow-Green color should be used for all School and Pedestrian signs, and their corresponding Placards. • It is recommended that the City replace post-mounted Street Name signs with the following guidance: o The panel depth for all post-mounted Street Name Signs should be increased to nine (9) inches. This will allow the letter height of these signs to be properly increased to 8” for upper-case, and 6” for lower-case, as specified in Section 2D.43 of the California MUTCD. This recommendation is made with the intent of simplifying inventory for future replacement of signs, and well as consistency of the combination of sign depths used together. While the CA MUTCD does allow for smaller (6” or 8”) panel depths to be used on roadways with speed limits less than 40 mph, it would be more efficient to use one size panel depth for all post-mounted Street Name Signs. Alternatively, the City could choose to use a smaller, 6- inch depth sign, with 4-inch initial capital letter and 3-inch lower-case letters, on residential streets with speed limits of 25 mph or less; and use larger, 9-inch depth signs on all other (major) roads. o The letter case of the new signs shall have an initial capital letter followed by lowercase letters, as prescribed in Section 2D.43, paragraph 03 of the California MUTCD. The use of initial capital letters followed by lower case letters have been tested to show that drivers can begin to identify the 'footprint' of a word and identify the word, even before it becomes completely legible. • It is recommended that all Regulatory, Warning and Guide signs use the proper panel size as specified in Tables 2B-1, 2C-2, 2D-1. The “Replacement Size” column in the sign data denotes the proper panel size required by the CA MUTCD. Custom signs, Modified signs, and Street Name signs have variable, non-standard sizes, so the actual sizes will be on a per-individual-panel basis. 7.B.a Packet Pg. 183 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) 8 Sign Condition column, Assessment definitions: REPLACE - Reflectivity: A sign that failed for any of the following: • Improper Material for Application: The sign uses an improper grade of reflective sheeting for its color and/or application (i.e., the legend on a Street Name sign using Type I sheeting, or a yellow/black warning sign using Type I sheeting). Retroreflective sheeting is classified according to ASTM D4956-04. Refer to 2014 California MUTCD Revision 2, Table 2A-3, denoted by asterisk (*) • Minimum Retroreflectivity Readings: The proper type of retroreflective sheeting did not meet the minimum retroreflective readings in the California MUTCD when tested with a handheld retroreflectometer. Refer to 2014 California MUTCD Revision 2, Section 2A.08, paragraphs 02, 03 and 04, Item B; Table 2A-3 • Contrast Ratio: The retroreflective readings for a White Legend on Red Background sign did not meet a 3:1 contrast ratio, where the retroreflective reading of the White (legend) needs to be at least three times higher (or more) than the retroreflective reading of the Red (background). (Alternately, the Red background’s reading is not higher than 1/3 of the White legend’s reading.) Refer to 2014 California MUTCD Revision 2, Table 2A-3, Additional Criteria superscript 4 REPLACE - Improper Panel Size: A sign that actually passed the retroreflectivity testing, but was found to be undersized for its application, as required by the California MUTCD. Signs that failed for retroreflectivity and also were undersized for their application will be noted with “REPLACE – Reflectivity”, but will also have a larger replacement panel size than the existing size. Every sign that was judged as needing replacement will have a new size listed in the “Replacement Size” column, regardless of whether the sign’s size is changing. Exclusively for R1-1 (STOP) signs, refer to 2014 California MUTCD Revision 2, Section 2B.03, paragraphs 06, 07, and 08; Also refer to Table 2B-1 (Regulatory Signs) or Table 2C-2 (Warning Signs) of the 2014 California MUTCD, Revision 2 REPLACE - Obsolete Sign Legend: A sign that passed all reflective, size, and physical inspections, but the legend on the sign is now obsolete according to the California MUTCD, and should be replaced with the proper, current sign legend for its application. The code listed in the “Sign Code” column reflects the proper sign which should be used to replace the existing sign; the existing sign was NOT coded with its original, now obsolete, sign code. REPLACE - Sheeting Damage, REPLACE - Substrate Damage, or, REPLACE - Legend Damage: A sign that passed both the reflective and size minimum requirements, but exhibited significant physical damage, such as cracked or peeling reflective sheeting, fading legends, or bent panel structure. REMOVE – Unneeded Obsolete Sign: A sign that is no longer required to be used, and should be removed without a replacement. For example, STOP AHEAD plaques are no longer required to be used in conjunction with a W3-1 sign. Acceptable: A sign that was found to be satisfactory in all points. 7.B.a Packet Pg. 184 Attachment: Attachment A: Sign Inventory and Retroreflectivity Report (2968 : Contract for Citywide Sign Replacement) RESOLUTION NO. 2020-XX RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2020-2021 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully examined, considered and adopted the same on June 3, 2019; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 20 20-2021 for the City of Gilroy in the staff report dated September 21st , 2020 for the award of a contract for the citywide sign replacement project No, 21-PW-259. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 20 20- 21 in the Vehicle Registration Fee Fund, Fund 225, shall be increased by $243,000. BE IT FURTHER RESOLVED THAT the appropriations for Fiscal Year 2020-21 in the Gas Tax Fund 2106, Fund 210 shall be increased by $26,060. AND BE IT FURTHER RESOLVED THAT the appropriations for Fiscal Year 2020-21 in the Gas Tax Fund 2103, Fund 213, shall be increased by $20,000. PASSED AND ADOPTED this 21st day of September, 2020 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.B.b Packet Pg. 185 Attachment: Resolution citywide sign replacement budget amendment [Revision 5] (2968 : Contract for Citywide Sign Replacement) RESOLUTION NO. 2020-XX 7.B.b Packet Pg. 186 Attachment: Resolution citywide sign replacement budget amendment [Revision 5] (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00500-29 Project No. 21-PW-259 SECTION 00500 AGREEMENT CITYWIDE SIGN REPLACEMENT PROJECT PROJECT - PROJECT NO. 21-PW-259 THIS AGREEMENT, made this day of , 2020, by and between the City of Gilroy, hereinafter called the “City,” and hereinafter called the “Contractor.” W I T N E S S E T H: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Citywide Sign Replacement Project, Project No. 21-PW-259, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in 21st September Safety Network Traffic Signs, Inc. 7.B.c Packet Pg. 187 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00500-30 Project No. 21-PW-259 performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700 -6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3. ________________________________ ________________________________ City’s Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings 7.B.c Packet Pg. 188 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00500-31 Project No. 21-PW-259 Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the c ontrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this day of , . 21st September 2020 7.B.c Packet Pg. 189 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00500-32 Project No. 21-PW-259 Name of Contractor Signature of City Signature of Contractor Title of Signator _____________________ Title of Signator Approved as to form by City Attorney ATTEST: ATTEST: Signature Signature Title of Signator Title of Signator ***END OF SECTION*** Interim City Administrator 7.B.c Packet Pg. 190 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00630-37 Project No. 21-PW-259 SECTION 00630 CERTIFICATE OF INSURANCE Return Completed Certificate to City of Gilroy (Agency) This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time. Insured Address Description of operations/locations/products insured (sho w contract name and/or number, if any): POLICIES AND INSURERS Bodily LIMITS Property Injury Damage POLICY NUMBER EXPIRATION DATE Workers’ Compensation (Name of Insurer) (Best’s Rating) Employers Liability $ Check policy type: COMPREHENSIVE GENERAL LIABILITY , or COMMERCIAL GENERAL LIABILITY . (Name of Insurer) (Best’s Rating) “Claims Made” Occurrence Each Each Occurrence Occurrence $ $__________ Aggregate Aggregate $ $ or Combined Single Limit $ Aggregate $ BUSINESS AUTO POLICY Liability Coverage Symbol Each Person Each Accident $ $ $ Each Accident $ or, Combined Single Limit $ UMBRELLA LIABILITY (Name of Insurer) (Best’s Rating) “Claims Made” Occurrence Occurrence/Aggregate $ Self-Insured Retention $ 7.B.c Packet Pg. 191 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00630-38 Project No. 21-PW-259 The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations The undersigned will mail to the Agency 30 days written notice of cancellation or reduction of coverage or limits Cross Liability Clause (or equivalent wording) Personal Injury, Perils A, B and C Broad Form Property Damage X, C, U& Hazards included Contractual Liability Coverage applying to this Contract Liquor Liability Coverage afforded the Agency, its officials, employees and volunteers as Insureds appl ies as primary and not excess or contributing to any insurance issued in the name of the Agency Waiver of subrogation from Workers’ Compensation Insurer This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may p ertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Agency or Brokerage Insurance Company Address Home Office Name of Person to be Contacted Authorized Signature Date Telephone No. Note: Authorized signatures may be the agent’s if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. 7.B.c Packet Pg. 192 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00630-39 Project No. 21-PW-259 GENERAL LIABILITY ENDORSEMENT City of Gilroy (“the Agency”) 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement No. 1. Insurance Company Policy No. 2. Policy Term (from) (to) 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Incident/Aggregate $ 6. Deductible or Self-Insured Retention: (Nil unless otherwise specified): $ 7. Coverage is equivalent: Comprehensive General Liability form GL0002 (Ed 1/73) Comprehensive General Liability “occurrence” form CG0001 Comprehensive General Liability “claims-made” form CG0002 .................................................................... 8. Bodily Injury and Property Damage Coverage is: “claims-made” - “occurrence” if claims-made, the retroactive date is . NOTE: The Agency’s standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage requires special approval. B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as: 7.B.c Packet Pg. 193 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00630-40 Project No. 21-PW-259 (1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement: or (2) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001 or “claims-made” form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability. 4. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers. 5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: (Title) (Department) (Company) (Address) (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ORGANIZATION TITLE ADDRESS TELEPHONE 7.B.c Packet Pg. 194 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00630-41 Project No. 21-PW-259 WORKER’S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT The City of Gilroy (“the Agency”) 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement # 1. Insurance Company (“the Company”) Policy Number 2. Effective Date of This Endorsement 3. Named Insured 4. Employer’s Liability Limit (Coverage B) B. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ORGANIZATION TITLE ADDRESS TELEPHONE ***END OF SECTION*** 7.B.c Packet Pg. 195 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00650-42 Project No. 21-PW-259 SECTION 00650 WORKERS’ COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Signature Name of Contractor Title Date ***END OF SECTION*** 7.B.c Packet Pg. 196 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) Citywide Sign Replacement Project SECTION 00670-43 Project No. 21-PW-259 SECTION 00670 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment notice to be provided by the municipality setting forth the provisions of this nondiscrimination clause. Date Licensed General Contractor Company License # ***POST IN CONSPICUOUS PLACE OF EMPLOYMENT*** ***END OF SECTION*** 7.B.c Packet Pg. 197 Attachment: 21-PW-259 Draft Contract for Safety Network Traffic Signs, Inc. (2968 : Contract for Citywide Sign Replacement) City of Gilroy STAFF REPORT Agenda Item Title: Standing Report on Operational Impacts and City/Community Efforts Related to the COVID-19 Pandemic Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim 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 Receive report. EXECUTIVE SUMMARY The instabilities of the COVID-19 pandemic continues to play a major role in influencing how local government responds to this current health and fiscal crisis. Timely and accurate situational awareness is critical for elected officials to assist you in making informed decisions on how best to allocate resources for maximum effectiveness within the community. This report serves as a standing Council discussion concerning the various impacts of the pandemic. Presentations will be given on interconnected topics such as health and safety, City finances, and business and economic recovery. POLICY DISCUSSION 9.A Packet Pg. 198 Discussions coming from the information contained in this report may include service levels, fiscal decisions and employee relations, among others. FISCAL IMPACT/FUNDING SOURCE Fiscal impacts are directly tied to and occur as the result of pandemic conditions region - wide, and within our community. CONCLUSION This standing report is to inform the City Council and to keep you updated on the changes to COVID-19 conditions within the clinical and operational spheres of local government. PUBLIC OUTREACH Public education and outreach regarding COVID-19 is a regular and ongoing feature of the City’s community engagement efforts. 9.A Packet Pg. 199 City of Gilroy STAFF REPORT Agenda Item Title: Appointment of Members to the Youth Commission With Terms Ending September 30, 2021 and September 30, 2022 Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Suzanne Guzzetta Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability Public Engagement RECOMMENDATION Appoint one Youth Commission member to a term ending September 30, 2021 and six members to terms ending September 30, 2022. BACKGROUND The City conducted an 18-week recruitment period from May, 2020 through the beginning of the school year to fill seven seats on the Youth Commission. We partnered with the Gilroy Unified School District (GUSD) Public Information Office to distribute the recruitment material to all Junior High and High School s through their administrative staff as well as through GUSD Twitter, Facebook and e-newsletters. The recruitment was promoted through all of our social media 9.B Packet Pg. 200 outlets, the City website, and through the Gilroy Chamber of Commerce, CARAS and Leadership Gilroy. 35 applications were received during the recruitment period and the City Council interviewed 24 of the applicants at your September 14, 2020 meeting. The following applicants were interviewed: Jacob Baker Alexandra Beyret Eshaan Billing Claire Burke Finley Corona Logan Corona Esmeralda Garcia Katie Garrison Alyssa Gonzalez Winston James Sajiv Jampani Meyhar Kamrah Maana Kolagotla Alexis Kong Kadence Lewis Grace Longoria Dylan Matthews Addison Orlando Reet Padda Charlize Serrano Jordyn Silva Zachary Souza Yashila Suresh Kyle Verette The following applicants were not interviewed: Andrew Bachman Brennan Burge Jackson Burge Lillian Burke Julia Fox Joshua Jang Edwin Lopez * Jordan Merritt Awa Ndao Ryanne Palacios Isabella Sells 9.B Packet Pg. 201 * incumbent Applications for each candidate, and a regional mapping of the residential area of each applicant is included to allow Council to review the geographical representation of these applicants. CONCLUSION Now that interviews have taken place it is recommended that Council make appointments to fill these seven open seats on the Youth Commission, six with terms ending September 30, 2022, and one unexpired term ending September 30, 2021. Attachments: 1. 2020 Youth Commission Applications 2. 2020 Youth Commission Applicant Map 2 9.B Packet Pg. 202 Name Age Grade Incumbent School Andrew Bachman 17 12 Monte Vista Christian School Jacob Baker 15 10 Gilroy High School Alexandra Beyret 15 10 Dr. TJ Owens Gilroy Early College Academy Eshaan Billing 15 10 Dr. TJ Owens Gilroy Early College Academy Brennan Burge 13 7 Dr. TJ Owens Gilroy Early College Academy Jackson Burge 14 8 Brownell Middle School Claire Burke 15 10 Lillian Burke 14 9 Dr. TJ Owens Gilroy Early College Academy Finley Corona 12 7 Brownell Middle School Logan Corona 14 8 Julia Fox 16 10 Dr. TJ Owens Gilroy Early College Academy Esmeralda Garcia 17 12 Christopher High School Katie Garrison 14 9 Christopher High School Alyssa Gonzalez 16 11 Dr. TJ Owens Gilroy Early College Academy Winston James 14 10 Christopher High School Sajiv Jampani 13 8 Brownell Middle School Joshua Jang 14 8 Brownell Middle School Meyhar Kamrah 16 11 Dr. TJ Owens Gilroy Early College Academy Maana Kolagotla 15 10 Christopher High School Alexis Kong 16 11 Christopher High School Kadence Lewis 13 8 Ascencion Solorsano Middle School Grace Longoria 15 10 Christopher High School Edwin Lopez 15 10 Yes Dr. TJ Owens Gilroy Early College Academy Dylan Matthews 15 11 Oakwood High School Jordan Merritt 18 12 Piedmont High School Awa Ndao 17 11 Christopher High School Addison Orlando 13 8 Brownell Middle School Reet Padda 16 11 Dr. TJ Owens Gilroy Early College Academy Ryanne Palacios 14 9 Isabella Sells 15 10 California Connections Academy Charlize Serrano 15 11 Dr. TJ Owens Gilroy Early College Academy Jordyn Silva 12 7 Brownell Middle School Zachary Souza 13 7 Brownell Middle School Yashila Suresh 15 11 Christopher High School Kyle Verrette 15 10 Christopher High School 9.B.a Packet Pg. 203 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/11/2020 13:40 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Andrew Bachman Birth Date*: 11/2/2002 Address: Phone Number(s): (Email Address: Grade*: 12________ School: Monte Vista Christian School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I’m a three sport Varsity athlete in Cross Country, Soccer, and Track at Monte Vista Christian Schoo. I’ve competed and trained a lot at Christopher and Gilroy High, and have attended numerous XC meets at Gavilan College and Christmas Hill park. I was awarded MVP on my XC team, and I am the Middle Distance Captain of my Track team. In addition to my sports, I have served as a Marketing and Social Media Intern for the MVC Marketing and Communications department for two years, where I had the opportunity to meet weekly with the Marketing directors to discuss ways to broaden the school’s reach through improvements to Monte Vista’s various social media platforms. I also provided and approved content for the pages. Over the past two years, the MVC instagram page has seen a 230% increase in followers. I also serve as a selected student representative to the Associated Student Body (ASB) at MVC where I assist in the planning, preparation, and execution of dances, class competitions, and spirit weeks throughout the school year. Also, in my Sophomore year, I was selected out of all AP Government students to attend a political seminar as a MVC delegate to the Panetta Institute for Public Policy. When it comes to community service, I have had the privilege of serving multiple times with the Loaves and Fishes Family Soup Kitchen, where I assisted with food preparation and distribution to the local homeless community. I also brought my XC team to serve there where we assembled a record number of meals for an individual group. Outside the local community, I’ve also had the opportunity to serve internationally over the past five years on trips to Haiti, Uganda, and Mexico. Why would you like to be appointed to the Gilroy Youth Commission? Over the past two years, the Gilroy youth population has experienced a heartbreaking loss through the Christmas Hill Park shooting, and a dramatic Global Pandemic shutdown. Rather than being defeated and let down by these major uncontrollable events, I would be honored to 9.B.a Packet Pg. 204 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/11/2020 13:40 contribute to the solution of these problems through providing my perspective to the Gilroy Youth Commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem currently facing the youth of Gilroy is a lack of social connection. Regardless of the current coronavirus situation, I think there aren’t many places for teens to interact and spend time together socially. If appointed, I would love to provide insight and serve in any way possible to assist with the solution of this problem and any other agenda the committee is working to achieve. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 205 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 5:39:06 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Jacob Baker Birth Date*: 03/03/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: Gilroy High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have volunteered for the Gilroy Recreation Department for the past three years, I have worked with the Gilroy Adaptive program, and I was a member of the Gilroy Foundation in middle school. Furthermore, I have over 110 volunteer hours from my freshman year of high school from participating in various opportunities that have arisen throughout the school year. I am currently helping with the Unravel Pediatric Cancer Flutter campaign. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I believe my insight as a well-rounded high school student would provide useful information from all points of view. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problems facing the youth of Gilroy today is vaping and adjusting to distance learning due to COVID-19. To face the vaping problem facing Gilroy high schools and middle schools, I would research the negative health impact of vaping and youth smoking and create a campaign to all students that discourages such unhealthy activities. For distance learning, I would help struggling students with helpful tips and strategies that have helped me be successful so far while virtually learning. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 206 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/11/2020 14:19 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Alexandra Beyret Birth Date*: 3032005 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. Tj Owens Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am part of the Ciel Tutoring service in Gilroy, have volunteered for two seasons in the Gilroy Public Library, am a leader in Gilroy's League of Writers, which teaches children writing skills, and have helped at various events at multiple schools. I am also part of the UN Women's team which helps empower women all throughout the world; an ambassador for LetHerLearn, a worldwide organization that helps underprivileged girls with education; the director of Chemistry for my county's StemPowerment chapter; and have created my own organization, We Voice, that connects students all around the world (currently from 11 countries) to let their voices be heard on global affairs and events that matter to them. This has all taught me so many leadership skills and has broadened my perspective on life. Why would you like to be appointed to the Gilroy Youth Commission? Diversity means change. Whether that diversity means different ages, races, ethnicities, opinions, genders, or identities. Diversity will bring a rise in a plethora of new opinions,and in turn, change. And I want to make my part in being part of the diversity that brings change that betters Gilroy as a whole. I am a mixed race (white and middle eastern) teen coming from parents who are both immigrants. Working hard, I have learned English and Spanish on top of my two original languages, Polish and Turkish. Being mixed, a child of immigrants, and not knowing English until kindergarten has given me experiences not many have gone through, helping me shape the way I see the world. I know how difficult things may be for children who are mixed, and especially middle eastern. I know how life may be difficult when both of your parents didn't grow up in the United States. I know how difficult it may be to learn English while everyone else can already speak it. And I want to act on that. Because of my experiences, I have a view so few have. A view and opinion that can help influence the Gilroy Youth Commission and help make Gilroy a place even better than it is today. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I want the voices of youth to be heard. That's the greatest problem that's happening right now. To many people are shutting down the opinions of youth before even allowing them to finish their full thoughts. I want all people (no matter age, race, identity, or gender) to feel accepted in society and not worry about if their opinion is valid enough. To solve this, it would inherently take fixing from the core of society, however there are steps to take. Initially, I would want to have more events/contests in which youth are able to write/speak on their thoughts. This can 9.B.a Packet Pg. 207 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/11/2020 14:19 be really anything ranging from poetry/writing contests, art shows, and more. Anything to bring positive vibes towards the youth. Secondly, I would want to enable something that could connect more youth. Even though there are multiple programs, these are hard to access and many people don't have time for such. However, if there was some program more accessible and less demanding, I feel more people would be involved. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 208 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/2/2020 9:50:47 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Eshaan Billing Birth Date*: 7/24/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: GECA Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: My name is Eshaan Billing and I'm a Sophomore at GECA. I belong to a family of highly educated parents. We have been living in Gilroy since 2009. I'm very motivated and driven individual and have done an extensive amount of community service in last one year. I have been tutoring at CIEL as a volunteer since August 2019 under guidance of Diane who runs the program. I earned about 100 hours of volunteer hour in almost one year at this facility teaching elementary and middle school students. I was member of Gilroy Library Teen Advisory board which honed my skills and provided me a platform to understand the workings of committees involved in community improvement projects. I have also volunteered a various events in Gilroy such as fundraising for Garlic Festival Shooting hosted by Rotary Club, one week Youth Camp Leader in Winter held at Watsonville, etc. In total, I have done about 200 hours of volunteer work in one year. My grandparents own a convenience store in Gilroy. When COVID started, I decided to help my grandparents in their store. Since April, I have been helping them in the store on volunteer basis working about 4 hours daily. I have continued to do that even after the school started last month. This has not only helped my grandparents during this tough time, but it also developed a sense of work ethic for me. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to help my community more than what I already do. This is a tough time for everyone because of COVID 19 and I would like to part of the solution to help. I also would like to be the voice at the table to provide solutions for the problems facing the youth of our city. I strongly feel that the problems faced by citizens can only be solved by collective community service that all of us should do. That is why I want to apply to this commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? In my opinion, the biggest youth problem facing the youth is related to Covid 19 situation. With online schooling, the environment changes for everyone. When everyone goes to school, everyone is learning in the same environment; however, home conditions, wifi connections, home size, family environment, etc is not same for all families and those who don't have good environment suffer academically vs those who have ideal environment at home. I think that the city should work with school district to provide in person schooling even if it is done outside with social distancing protocol. 9.B.a Packet Pg. 209 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/2/2020 9:50:47 AM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 210 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Brennan Burge Birth Date*: 01-17-07 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some activities that I have done to help the Gilroy community include the following: volunteering to help at my Elementary school Fall festival, cleaning up trash in some of the town parks, taking time to help the teacher during lunch so they can let there class do more fun activities. With helping at the fall festival it provides the schools community and kids something fun to look towards and be happy to go to. Cleaning up trash makes the parks more enjoyable for anyone to play at. When kids have fun activities at school it makes school more enjoyable witch makes students more ethusyastct to attend school. Some groups that I have been in that can qualify me for this commission include, City Junior Recreation Leader Group, at the moment I am waiting for my training to officially qualify me to me to volunteer. I have also been apart of my school's student council. Those are a few orginizations/groups i have been apart of that would help me succed in the City of Gileoy Youth Commision. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be apart of the Gilroy Youth Commission because I think it could have a positive impact on changing some of the problems the youth face if there are opinions from one of the youth. Being a part of the youth in the gilroy community I see some of the problems the youth face directly. I can see and relate to these issues, this can lead to myself putting in positive ideas that can have a great impact on changing/improving these problems. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that the youth face in gilroy is bullying in schools, online, and in general. If I was appointed to change this issue some of the steps I would take are as followed. I would make a survey to see how many people have been bullied, what for, how they would want to see it change/ how they would change it, or if they have ever bullied anyone and why. This would show us what actions we need to take to fix this problem. Then we would take whatever action we would need to take. After it has been taken care of wecould makeanother survey to see if it has improved the situation, asking if they have seen and improvment and in what way. Those are a few steps that I would take to improve on one of the big problems the youth are facing in gilroy. There are other issues I have seen with in the youth such as the nicotine issues, and disscrimintation, this can be improved by education. Going to the youth and teaching them on the negitive effects of Julling and how everyone is the same. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 211 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Jackson Burge Birth Date*: 01-16-2006 Address: Phone Number(s): (Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Most of my previous experience with organizations similar to the Youth Commission have been with school groups such as the El Roble Student Council in 3rd and 4th grade, along with the Rucker Student Council when I attended that school for 5th grade G.A.T.E. My most recent experience was with the Brownell Associated Student Body in 6th and 7th grade. with five years of doing similar task but on a smaller scale, the Youth Commission seems like an appropriate promotion. Why would you like to be appointed to the Gilroy Youth Commission? I believe that having experience with a committee such as the Youth Commission would allow for a variety of career choices further down the road. The differences between a school council and a city council are major, despite the fact that said city council mostly impacts the youth. Being able to support the children and teenagers would give me something to work for and support other than school, also providing me with knowledge of how a more official council of representatives functions. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I have noticed a plethora of safety issues when it comes to the people of my age. Most or them are in regard of transportation to and from school. Countless times I have had to back up on a cross walk because some one decides that they have wasted enough time waiting and they don't need to look up from their phone to make sure no one is crossing. This is baffling because it happens most often in school zones, where parents are picking up or dropping off their kids. Students usually have safety programs for crossing roads and walking/biking to and from school, however, we should also have some form of hand out for parents that goes along with said programs. This may reach the target audience of drivers who are slightly impatient. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 212 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Birth date*: t'\Gt,,(G,\ri 1. 1 zooS Address: Grade*: \0 Please list your background, including community service within the City ~f Gilroy,~"? a~y prior experience with groups or organizations that would qualify you for this Commis5 ,on~ I ,._ n /J .n C. "",/J (.ovl'\~~,or, » Vo\uf\t~f('fd a.t ..,,.,tro'i t'[t~~·d:e<1<.it\ , ... c,d\l'IT G(S q " ~ • Vol>oteer '1t-St ,I,seeh'~ fu,,,l 0( 1v'~ oft,el\ 4<J c.l I :U -l..t fesvc.1J C<c 6he C\-\c,sbcener \>0¢ \ fur ~ 'j ,~r~. I q\)o vo]vAteer Ci C the Gn\(°'1 U SJ. Sec.r½ &yMl)4St,c) Aec{t4i ,005\ i'1~ ct-911v ,l'::1 · Why would you like to be appointed to the Gilroy Youth Commission? -r: (...A.JC.f\t'" to he\{) M~~ c'n~o~es. ·,o mi u:>.IY\MvA;tt:f <:<Ae-i voc,\,1r~~"c( hoc;-J t,eeC\q.9ers c.c::iri c.hei"'ae the,, CoC't\tvtv'l,t,e~ -fur bkt, ter What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The. u,~f/e~t: (> ro'olen"') tqc,l\g -Che, ~t\., of bt\ \fO':f \'> t\~ \Cfe, ~ Of-OVtfec;c."' O.l\c.( out:Y\ even~. I e,.vsot: ~o he-\o 9 et "(Ylore £eCJplf, , f\yo\v~ b't c,'½~\~ ev~Ats ~ ~<>.Jtvl '(V'lof'l t.-ue.,\\-\4}c.)~I). Reapplying Commissioners: What can you do to improve your previous perfonnance on the Commission? --------------------- All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna .freels@ci .gilroy .ca .us The City of GIiroy accepts apphcat,ons at any t me and will kee p them on file for one year 9.B.a Packet Pg. 213 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/12/2020 14:22 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Lillian Burke Birth Date*: 5/14/2006 Address: Phone Number(s): (Email Address: Grade*: 9________ School: DR. TJ OWENS GILROY EARLY COLLEGE ACADEMY Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been involved in many organizations in Gilroy for example, Jr Guard, Garlic Festival Clean Up, ASB President, Counselor for Day Camp at GPC, and CJSF board. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I feel that this would be an amazing experience for me to help Gilroy. I also feel that I could bring a different opinion and point of view about the youth issues in Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem the youth of Gilroy are facing is not feeling accepted in school. If I am appointed I will take the time to ask the youth what they feel could make this issue better. I would then bring it up with the City Council to find an appropriate solution to the problem at hand to make sure they feel more safe and accepted in their school environment. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 214 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/18/2020 16:35 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Finley Corona Birth Date*: 9/2/2008 Address: Phone Number(s): (Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Volunteer, Gilroy Holiday Parade Volunteer, Fifth Street Live Volunteer, Luigi Aprea Talent Show Why would you like to be appointed to the Gilroy Youth Commission? I want to broaden my horizons and serve my city. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Right now, COVID is the biggest problem facing the youth of Gilroy. Kids want to connect with people and we can't. If appointed, I would like to set up Zoom meetings for kids in Gilroy with similar interests from all over. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 215 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application r for the Gilroy Youth Commission 1 M110()!5_ Name*: 05r A G-rOVACk Birth date*: 046)\_N . Address: y Phone number(s) : email address: w list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify yoru for this Commission: lA rt-r of px f P- 6 erlcCs W /'k cl-I Qf C i )roU (fir t y 1 lr Y 1 5 .; llti(n 1Y{aJ lr% df V r, GVn 1 ri Fe .A' , V C V k po'r"e 1. co V 1 `A s VY3f s,,'t--Q V -e_V[ & J_ WA 6WY i V f , pia Irr ur^ ' .' - ;L fun for4 Why would you like to be appointed to the Gilroy Youth Commission?_y— V4(9 as 6e- CavkS t c9, What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The, ev,\ Vtr -ert 0,y1. To is wt 5 V d r Grs (j Y _eA.Cl ivy f re Y f" n.r 4r. aV-1n `A-e o, ` arse. Ser r u,,'s` d. f Q wa wtalf-c. re 12l M1ow Reapplying ommissioners:l lfh t can you do to improve your previous performance on the Commission? T Vt Wvevtr- C6ne, tS lam., All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 nawna. freelsC@ci.a ilrov.c, The City of Gilroy accepts applications at any time and will keep them on file for one year 9.B.a Packet Pg. 216 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Julia Fox Birth Date*: 05/22/2004 Address: Phone Number(s): (Email Address: Grade*: 10________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Some of my prior experience working with the City of Gilroy was volunteering each year at the Garlic Festival. At the festival, I assisted the Christopher High School water polo team with keg rolling or the Gilroy Gators with food preparation. I also volunteered for the South County Tail Waggers when their event came to my neighborhood. It was satisfying to help my community and I had fun working with my peers. Currently, I am offering my services to my fellow students and staff at Dr. TJ Owens Gilroy Early College Academy (GECA). I am tutoring freshmen and sophomores. Also, I am a teacher aide for my freshman English teacher, Mrs. Omainsky. Why would you like to be appointed to the Gilroy Youth Commission? I would love to be appointed to the Gilroy Youth Commission because I will make an impact on this wonderful community. I want to work towards bringing the community closer together, especially after this tragic event. I also want to encourage the youth to participate more in community activities. I think the Gilroy Youth Commission and the youth in Gilroy could benefit from my shared experiences, like the struggles we may all face in school. I also want to be appointed because I have an interest in how a local government functions and I am looking for more opportunities to volunteer my time and effort. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe the biggest problem facing the youth is the stress or anxiety they may face at home or school. Most kids are afraid or unable to go to counselors to discuss the obstacles they may be facing. If I am appointed, I want to work on reaching out to those who are struggling. I think this is necessary because it is something that is blocking us from getting closer together. Those who are struggling must have an output to feel safe in our community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 217 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/20/2020 22:44 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Esmeralda Garcia Birth Date*: 5/17/2003 Address: Phone Number(s): (Email Address: Grade*: 12________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been involved with the following programs and organizations: GUSD Communications Internship, South Bay Youth Changemakers, South County Youth Task Force- Youth Circle, GENUP Gilroy Chapter, and I've also done community service with St. Mary's Lord's Table Service. I'm also heavily involved in school and clubs such as Speech and Debate, Interact, etc which have allowed me to do some incredible collaborations with our local Rotary Club and Lion's club. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to be part of the Gilroy Youth Commission because I would love to become more involved in striving for change within my community. I think more now than ever it is a time to step back and realize that there is room for positive improvement. With that being said, I am extremely passionate, outspoken, and dedicated with everything I do. I think by appointing me to be apart of the Gilroy Youth Commission I will bring new ideas and take initiative to help guide conversations of change. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe the biggest problem youth is facing in Gilroy is mental health issues. Many youth and teenagers experience forms of mental health related problems. The way I would address the issue is by providing resources to not only youth but also adults. Youth can take initiative to face their mental health issues but they need support from their peers and family members especially adults and parents. I would also try to involve those resources at school. I would invest in youth by incorporating trained therapists and counselors into school. Wether it be online or in person, youth need to have access to mental health resources. I would also try and help low income families and connect with them to free resources that can help them out, that way no one is left out. I would also have counselors/therapists have a once a month check in with students and catch up with them, that way students not only build trust but learn to be open with how they feel. In many schools and cities such as Palo Alto there are places set up called "Wellness Centers" usually in schools where it is a supervised area with adults and youth can just have a space to connect with counselors/therapists, spend some time to destress and color, and have an area of comfort. I would advocate to put some of these centers in schools. Lastly, I would also educate others on these issues. Maybe host teach ins where youth and their parents can attend these teach ins and learn about how mental health is actually a serious issue but with the proper help and support, many can overcome these issues with time and healing. That way not only is it educating parents and youth but it also creates a sense of community, unity, and bonding with those who also need aid. 9.B.a Packet Pg. 218 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/20/2020 22:44 Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 219 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 5:42:20 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Katie Garrison Birth Date*: April 15th, 2006 Address: Phone Number(s): Email Address: Grade*: 9 School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Growing up, I have always played sports. I swam for 4 and 1/2 years, ran cross-country and track for 3 years, and played water polo and tennis very briefly. The sport that I am currently doing and have settled upon is field hockey, and I hope to continue field hockey at the collegiate level. In the summer, I teach swim lessons at Christopher High to little kids. Not only is this community service, but I love helping little kids, and seeing their smiling faces after they learn a new skill or meet a new friend is a reward in itself! Not too long ago, I joined a non- profit, faith -based organization at Christopher High called One Heart to Another. At this organization, we plan projects such as bags full of toiletries to youth in foster care, learn, pray, and most of all, get to know each other and have fun! Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to voice my opinions on issues regarding youth and help youth in any way possible. I also am curious about the inner workings of the City Council, and learning more about what the City Council does. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that one of the biggest problems facing the youth of Gilroy is depression and low self- esteem. If I am appointed, I will address these problems by offering any potential help and guidance to the City Council regarding these prominent issues and put together some fun events that raise awareness to problems like depression and low self-esteem for the youth of Gilroy to partake in. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 220 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 7:14:49 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Alvssa Gonzalez Birth Date*: 09/05/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Dr. TJ Owens Gilrov Early Colleae Academv Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have always been a big person on community and the importance of communication within peoples to improve further the well being of everyone. This mindset has led me to be very involved in community service as I have participated in several San Ysidro activities, such as National Night Out, Party in the Park, and multiple back to school packing workshops that helped serve the lower -income families in Gilroy. One of my passions is helping the youth expand their knowledge and unleash their true potential, which prompted me also to join STEAM4Students, which is a youth -led program that teaches students the principles of science, technology, engineering, arts, and math in new and innovative manners through interactive courses, experiments, and lesson plans all created by the appointed members with Gilroy's elementary schools. I am the lead coordinator for STEAM, which puts me in a position to interact with school principals and my team to assure that when we return, we are igniting the fire in Gilroy's youth to pursue what they wish to be in the future. I am also President of the G.E.N.U.P. Gilroy Unified chapter, which is a segment of a state-wide coalition of students who are striving for education equity and reform throughout California but starting with local powers. To fulfill my position as President, I know how to hold myself and others accountable for their responsibilities and thoroughly communicate with them as we plan advertisements and fundraisers for our campaigns as I simultaneously am in contact with state senators and the G.E.N.U.P. executive board to start the change youth in Gilroy deserve efficiently. Additionally, I am the Attorney General at G.E.C.A.'s Tribunal, which puts me in a position to empathize and understand the students there not to punish them for their violations of the Honor Code but to work with the other 11 members of the Tribunal and help the student realize and learn from their mistakes to succeed at G.E.C.A., Gavilan, and the real world. I am also a member of Santa Clara County's Girl's Advisory Team, where I learn and create projects about the importance of women empowerment as well as form community values with the other members as we collaborate and discuss future project plans and how to reach all our communities. I am also a student leader for the organization G.L.O.W., Gilroy League of Writers, which empowers students and youth to improve their writing skills and learn about the various expressions they can convey their thoughts through a literary perspective, as well as being an active member of the Gilroy Innovators. Why would you like to be appointed to the Gilroy Youth Commission? I believe that the future is youth. It can be easy to undermine the abilities of youth for their age or lack of experience. Still, I see this as a tool to redirect the confusing life they live and create a sense of community that can benefit everyone. My experience in various organizations allows me to effectively utilize my communication and leadership skills to observe what youth in Gilroy struggle with and help to foster a more positive and accepting environment for the diverse 9.B.a Packet Pg. 221 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 7:14:49 PM populations. Coming from an underrepresented minority group, I grew up socially accustomed to being pushed aside or neglected, but the passion I have to allow youth, older and younger than me, to live in a city where their opinions matter is the core of my existence. The changes we see in the world will only happen if the youth work together, and I believe that I acquire the necessary social skills to gather support for topics prevalent in Gilroy and can help create a loving environment Gilroy truly embodies. I am a member of the youth for the youth, and I will do everything in my power to help my community flourish into the supporting city to Gilroy has the potential to be. Through hard work and collaboration of Gikroy's youth, they can strengthen the bond between each other and others, and it would be an honor to be able to be a part of that group who prioritizes service over self. There has always been a flame in me at a young age; whether that be for academics or my community, I could not sit still. From friends and acquaintances around Gilroy, I know what I can do to help them live the best life at Gilroy and address the issues left untouched before being for the people. I cannot stand still knowing that someone is unhappy or discontent, and I will do everything in my power to work with the whole youth commission to gather support from the next generation of leaders and stressing the importance of collaboration and teamwork since nothing can be done if it is not with a team. I believe that the organizations I am a part of have taught me how to work with people and get our goals achieved while taking action for those silenced voices. If the youth is commonly silenced or refrain from letting their voice shine throughout Gilroy, I believe that I can help be the person who illuminates their pathway and allows for them to be heard as they build confidence in themselves. The Gilroy Youth commission is an opportunity to unveil those silenced voices of Gilroy's youth, and being a part of the board would allow me to address issues to a whole board and build my own confidence to let people hear my voice as I am here to stay. My love for the community and for the youth is strong as I witness the hardships of teenage life with school, friends, and family, but advocating for them is my main propriety that surpasses any hindrance in my life. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel like one of the biggest problems facing the youth of Gilroy would be the negligence of their mental health that is often subsided through self derogatory jokes. With the stress of school, friends, and family, one is bound to feel the weight of the world on their shoulders as the youth is expected to balance everything while maintaining proper mental health. While trying to take AP classes and passing them, the stress of college and the future is daunting to many youths in all grade levels. Then, there is the issue of social life, do they have friends? Are they being bullied? Do they feel safe at school? These questions can underline some experiences of youth in Gilroy as they go through their journey of losing friends and trying to find an accepting friend group they can confide in. Additionally, there is also the stress of family life as one can have issues arising on a family member's health, or an unhealthy relationship with parents and the misunderstanding that coincides with age gaps within societal norms. All of these main ideas leads to poor mental health as the youth stresses to meet all requirements and further advance themselves into the next stage of their lives. Commonly seen within Generation Z, there is the self -deprecating humor that can be seen as a coping mechanism, but those jokes could be seen as a call for help. There needs to be a place and evident resources where students can vent or relieve stress in a comfortable environment, away from societal expectations of them. If I were appointed, I would work with the team to converse about how we see mental health discussed at schools and how youth, throughout all ages, can experience trials that are detrimental to their mental health. I would discuss having breakout sessions, in this online format, where students could learn about how to deal with complicated emotions and provide at-home resources, such as meditation, that can help calm the nerves of progressing into the next stage of life. Everything is about contacting people and collaborating, so we could reach a mental health specialist to help inform people about how they can handle those emotions and the importance of balance and time management, so everything seems a bit more manageable in times of uncertainty. I think it could also be useful to implement efforts within the school to make mental health resources more evident, without having to deal with the 9.B.a Packet Pg. 222 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 7:14:49 PM research of digging through the schools' website to find an appropriate counselor to help them and eliminate the taboo behavior we, as a community, treat mental health. We need to take care of our youth as they are the generation of change that will lead Gilroy into its next stage of life. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 223 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) f City of Gilroy Application for the Gilroy Youth Commission Name*: ½/iVlSinv"\ JaVY1e~ Birth Date*: IO -lo -0 5 Address: Phone Number(s): Email Address: Grade*: lO School: Ch l"i sto p\i\er \"tl()V) 3c\1ooJ Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: A-+ Su1n± Muu/5 ~½vol 1 ~(;{\/€. do\('e fte tbllov.-);A~ ~. 3e\[0 ~ (A'.) T~e lt'.GV\6?\o\Cf)'-/ Covvi~sl ovier i11 7tf.1 (rv~, ,o-V\ (pr Sty~\ (ovvici I 'Pies,· ~"'t ;81 8ii--i Gv-CtckJ l1Vld V)O,\Jt, di,vie, Y'N)N\~ 8f!Jtice f'OjeGh &eye 81.)CV\ U) Le,~~ Iv.hie. 1\'\ 8°~ Sc.civt )(oor 9(2. T ¼c..-v~ i/1 .e fo\\oVJi11 ',bviHt :ze,'o 0 L°"'' Civbi &iV1J\1Wht1 Q\t\6 ov,lt c.. ({;vV'evq-vvo.ll c..t i-\.--.e. ;l'l:>'f. 3-P"''n !f<,.rJ,. -cont-fYex~f~Je( . Why would you like to be appointed to the Gilroy Youth Commission? J tlS pe.cq._u-se-I WaM:t Jo "1e)r OVIO g;ve buck k #le CoVl1W)VV\ifyu LJ\1 \v-o,, \v:i.s 31\/6,-\ VVle 9;re.cs+ veSoufce5; tltWl or~ &~\JCOJuv1 Cl ~ vi-hi 0-~J\ \I\ e G-i;\Yo futic &ck,' ~)~I.Ci~; h;\oi "10.s V\e\YE) lfw; iri <oo mavi'f wrN--tp-Aswd\ Q.,1 fuv.t \:ec,c,.ose o+ \-ne xro')V{e ?)JV/\ fl? fv)0 by We &~\(o\l C.OUn,il, L ~ee. ~-e\N\ a~·Ylto6e.\sp,v,~ ~0(/\) j-b'klpG 1'/roy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I' owi (<JVJ.C ev:f)~ 0{ +et e-ia~-0.fc. I fu fer~ l'.!yfue, \(Ourh, ]ve., ID Covi~ -\q 1 }; 6$ (p/'f, ~e~½ o-.f-how.e, Cd{ Hi,.e dYV1Me aYJ~ l,A,f, dov" 't kVICM1 Q bov ~ how H-7:ey {)ve, treo~ ~ ttA-t-i r ~lCv,f~tCiV\S-Prrt) ~~oV@\ti &x:,1CAI fJJ.I\ O,,Jt, \v,e~ 1/\\{i C\. \L \Ct , ~ V' ~ ov \5 S' ~,e{. ewe..,+ ~ fU\t.P~ Cl S\ISWJ/\1\ -+-o evB\J 1e. <; r (>. e (lV\h we,l VtV.5 t"" 01Me O-.V\e (OU · i e. '°'-""~ ov1¼~e-~ Reappfying Comlnissioners: What can you d 10 improve your previous pertormance on the Commission? ------------------------- All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna.freels@ci.gilroy.ca.us The City of Gilroy accepts applications at any time and will keep them on file for one year 9.B.a Packet Pg. 224 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) Cbe hAIM hoe c{ 'ti ',st 6lues fit,.,, -b use ,,f--/1,-e 0, ii~ y I/le." I •c re,h va I ~fnlk/1':} . tl\owu .. 1VloWe) C,vV)~ bvSiv-eSC;tS were 0VJtsb_\e,2,. Sol lV'tA1 'I{!µ-~ rk,, kil9 vi~' c.ro\c.w ( I) ~ lt~.s co~ra~ \1u1t-J .'rc,\v~''j M~ie.\ f-1 We. CVe»..te,;~ Cl ~(\~ fr.,,,~ w\-ie-ve.,, \;'le <ao\ b foo~ \}\le, Cro~~ ~,,-t-k.-O?V\l\fthfi'o/\ CA,V\~ ov-c\i0/\.e,'o \fe~J ~ {Y'Of\~ fy)i5 y\l\Ofll?- j t-')n -r'\_ \ ~ ~ '""'-VtCtil'vtS ()V\,d' ~uSl"1. efS~. 0 .. \':, e; 'b c.J e / 'f .. 7-.-) oo O . I YtCf\, T 'Mc)v'\e.>-t vv0,':) 9.B.a Packet Pg. 225 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 9:18:31 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Sajiv Jampani Birth Date*: 04/01/2007 Address: Phone Number(s): Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am an Indo-Fijian American born and raised in Gilroy. I do not have volunteer experience due to my age, but I have been helping at my school, friends, and family. Some experiences that I have: Cyber Security Team - competitor captain Testing and validating security measures for online websites Students Leading Education (SLED) - member The team in Gilroy is a network of student leaders engaging the school district in solving real problems that students, teachers, and the community have to deal with. Associated Student Body (ASB) - member Last two years, I have been helping to plan fundraising and fun events at my school. Unfortunately, we do not have it this year due to distance learning Why would you like to be appointed to the Gilroy Youth Commission? With my knowledge and background in coding, I can quickly help communicate the important information to the youth of Gilroy using online media and website content. Especially during this COVID-19 crisis, where social and distance learning are the most important factors, I can help the youth connect virtually in an effective and beneficial way. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Currently, the biggest problem I feel is the impact of COVID-19 on the youth of Gilroy due to the lack of social interaction and emotional support. I will take the following steps to address this issue: Firstly, I will organize virtual, inspiring, interactive, emotional support sessions with experts from the Bay Area as an after school meeting. Secondly, I will start virtual meditation, games, and exercise hang-outs so kids can have fun and not miss out on the fun things they would do without COVID-19. Last but not least, I would set up social distance compliant meet-ups in public parks at least once a week in small groups to share common concerns. 9.B.a Packet Pg. 226 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 9:18:31 PM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 227 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) The community service in Gilroy that I have done: Kindness Club - Decorated and delivered pumpkins to Wheeler Manor residents Inspirational Posters around Campus Coin Drive for San Martin Animal Shelter Letters to Soldiers Warm Clothing Drive for St Joseph's Center Painted and Planted Rocks to be placed around the community to spread kindness and hope. 9.B.a Packet Pg. 228 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Birth Date*: 01/12/2006Name*: Joshua Jang Address: Phone Number(s): Email Address: Grade*: 8________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In the past, I have participated in student council during fourth and fifth grade at Rucker Elementary. I also helped with ASB at Browned during sixth grade. I hope this is enough experience for me to be able to qualify for the youth commission. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission, because I would like to help make Gilroy a better place. As an eighth grader at Brownell, I often feel the lack of being listened to. I know Gilroy and the Gilroy Unified School District are trying to give students and minors a voice. However, rarely is there a time that students are listened to. I want to join the Gilroy Youth Commission to hopefully receive a voice and say in the matters of our city. There are plenty of great students who have good ideas that can benefit Gilroy. I could collect ideas from peers around me and offer them at meetings. I want to help the community and make a positive impact. I will admit another reason is that I can benefit from the program. This could get me volunteer hours and would look good on my college resume, but my focus is on helping Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The youth of Gilroy is very diverse. There are plenty of students who would like to build up Gilroy and plenty who don't care. If I were to be completely honest, at least half of the students at my current school don't care what is happening to Gilroy. That's where my problem comes from. The biggest problem of facing the youth of Gilroy is being taken seriously and being listened to. If I had to be honest I am probably in the middle of the popularity scale and the way middle school works is the more popular you are, the better people listen to you. A lot of these students don't want to be at school and really don't care about much. If I were to give a speech to the youth of Gilroy there wouldn't be many who'd care about what I was saying. That is why I have a plan to address the problem. In order to face minors of Gilroy and truly get something out of that time and spread a message, that message needs to be conveyed in a relatable way to them. If something is more relatable to a person, they will be more engaged and comprehend better. That is why authors use similes or metaphors, because deep, meaningful concepts are hard to understand. When an author uses a simile or metaphor, the reader can understand the concept, because it is now in a simpler idea. People are also more likely to be more interested in something if they are familiar with it and it impacts them. I feel I can show how events and happenings in Gilroy and the city's atmosphere impacts them. This can help the youth of Gilroy understand and be willing to help. 9.B.a Packet Pg. 229 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) Reapplying Commissioners: What can you do to improve your previous performance on the Commission? n/a All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 230 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/14/2020 11:40:37 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Mevhar Kamrah Birth Date*: 01/24/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Dr. Ti Owens Gilrov Early College Academv Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have an extensive background doing community service in Gilroy. I am one of the leaders of the Red Cross Club at GECA, where I have worked with leaders throughout Silicon Valley to organize initiatives. I organized fundraisers for the Operation Smile club at my school to support children with cleft palates in third -world countries. I am the co -director at STEAM4STUDENTS, where I manage and teach elementary school students throughout Gilroy. Moreover, I am also actively working with the Thoracic surgery research team at Stanford University to find solutions. I have also recently completed the Cardiothoracic Surgical Skills Summer Internship at Stanford University. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission so that I can help find meaningful learning opportunities for the young minds of Gilroy. Exposure to different careers at a young age can help positively mold the minds of the youth and help them find their calling and be the change they want to see in the world. Furthermore, I want to bring the Gilroy community together during these unprecedented times so that we come out stronger, better than ever. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? Currently, due to the virtual learning environment, the lines between school and home are blurred. Online learning can be challenging for students, especially when they do not have the necessary support and feeling of community. The online environment has caused students to be disconnected from their friends, peers, teachers, etc. To rectify this, I would like to plan and execute initiatives that safely bring the community together and make young people feel supported. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 231 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9.B.a Packet Pg. 232 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9.B.a Packet Pg. 233 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/31/2020 12:35:02 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Alexis Kong Birth Date*: January 22, 2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have had several leadership experiences and positions in the past that qualify me for this position. I have been a member of the Gilroy Foundation Youth Board for the last three years. At Christopher High School, I have also served as Freshman Class Secretary and Sophomore Class President, and I will be serving as Junior Class Secretary this year. I am also a volunteer tutor for the Beyond Learning Tutoring Program at Christopher High School. This year, I will be serving as the CHS Asian Student Union Treasurer as well as a CHS Speech and Debate Council Member. In addition to these positions, I also have experience in the ASB/Leadership program at Christopher High School. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I have been a part of various leadership programs in the past, and I love being involved and getting to advocate for my peers. I enjoy being a leader and having an active role in making things happen, whether it is event planning in ASB or volunteering at St. Joseph's Center. I would like to be appointed to the Gilroy Youth Commission so that I can have a more active role in the community and so that I can better advocate for my peers within Gilroy. I would also like to be part of the change and work towards improving the community for everyone. Being appointed to the Gilroy Youth Commission would allow me to play a more active role in society and give back to the community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem currently facing the youth of Gilroy is maintaining a positive mental health in coping with the pandemic and the situations it has presented us with. If appointed to the Youth Commission, I would create more opportunities for the youth of Gilroy to interact with one another and express themselves. I would do so through virtual meetings and activities to allow for more social interaction from home. I would also create more activities and ways for the youth of Gilroy to be involved in the community, such as virtual volunteer opportunities or interactive games and contests to keep everyone engaged. I can also find various resources, including support groups and programs, for those who may be struggling with maintaining their mental health so that they feel supported during this difficult time. While it is a difficult task, if appointed to the Gilroy Youth Commission, I will do my very best to create a positive environment for the youth of Gilroy by implementing more activities and opportunities for expression or support. 9.B.a Packet Pg. 234 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/31/2020 12:35:02 AM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 235 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 4:11:59 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Kadence Lewis Birth Date*: 10/07/2006 Address: Phone Number(s): Email Address: Grade*: 8________ School: Ascencion Solorsano Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: Within the City of Gilroy, I started volunteering at the Garlic Festival at the age of 5 with trash clean-up and I have also volunteered to do creek clean-up. Additionally, I have helped organize the high school Rotary Speech Contest and met with two local business owners about their use of plastic straws. Other prior experience I have with community service includes volunteering at the Watsonville Strawberry Festival, volunteering in a kindergarten classroom at Ann Soldo Elementary School, volunteering as a lead babysitter for teachers who were in professional development and lastly, volunteering with multiple beach cleanups with the organization Save our Shores. In a leadership role, with my classmates, I have met with Congressman Jimmy Panetta to discuss the impacts of human choices on the environment and specifically the humpback whales. Additionally, I was part of a group who presented information about the conservation of the Pacific Humpback at the Whale Festival in Monterey, and the Presidential Youth Environmental Award Ceremony in Washington D.C. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth commission because I feel that I am a natural leader, and I would like to better the city of gilroy, and be a voice for all youth in Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? During COVID-19 times, the biggest problem facing the youth of Gilroy is social isolation. If I was appointed, I would like to set up online groups for teens with a variety of topics where people could join and discuss. I would also like to help facilitate the setting up of study groups at the different schools in Gilroy. I think it would be a good idea to see if there are any local business who are willing to set up tutoring areas for students who are struggling in school. I think if we had more opportunities for youth to connect, they will not feel so isolated and they would spend less time on social media. During COVID-19 and non-COVID-19 times, the biggest problem facing the youth of Gilroy is healthy food options. In schools, it would be great to set up partnerships with local growers to see if we can have more farm to table options available. 9.B.a Packet Pg. 236 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 4:11:59 PM Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 237 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/5/2020 9:50:27 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Grace Longoria Birth Date*: 08/19/2005 Address: Phone Number(s): Email Address: Grade*: 10________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been in many community service groups within the City of Gilroy for the past years. At my church, New Hope Community Church, I have worked in the nursery with newborns and two-year olds, was a leader for the the two's and three's groups (toddlers), and was a vacation bible school leader during the summer for three years. During vacation bible school, I helped lead kids in preschool, elementary, and middle school. In addition, I was a cheer coach for the non-profit organization Upward Sports. Moreover, I have volunteer in the Gilroy Compassion Center to feed the homeless. Finally through my cheer team, I have volunteered at the Gilroy Garlic Festival. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to grow the outreach towards teens more. I would like to hold more community groups to help many teenagers in Gilroy to feel safe and loved. Safety is a tremendous proportion in a community that needs to be shown. A teenager should be able to feel heard and seeked from leaders around the community. I would like to advocate for teens by partnering with city leaders to create safety from crime, justice for all, and provide resources needed for teens. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem facing the youth of Gilroy is mental health. Many teeneagers are taking advanced level classes, honors, or A.P. courses. During this, their mental plays a huge role in their thoughts throughout the day. There are a countless number of teens who are living through trauma, abusive relationships, anxiety, and depression that takes a huge toll on teens. Many are still experiencing trauma for the tragedy that hit our town. A teenager isn't in the right mindset to think while undergoing this pain.If I were to be appointed, future steps I will take to address this problem is by bringing more mental health officials to all schools, offer more counseling to students, and arrange for teenagers to voice the feelings around others. With this, it will help grow the youth of Gilroy back together to become stronger, safer, and united. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record 9.B.a Packet Pg. 238 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/5/2020 9:50:27 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 239 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/3/2020 5:44:43 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Edwin Lopez Birth Date*: 02/18/05 Address: Phone Number(s): Email Address: Grade*: 10________ School: Dr.TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been an active volunteer at City Events such as the Tamale Festival, Party, in the Park, National Night Out, a volunteer at Rebekah's Children Services gift wrapping, and a few others. Additionally, I have additionally been the CJSF president at SVMS and have participated in various sport, playing volleyball, wrestling, track and field, and cross country for my old middle school. I participate in Tae-Kwon-Do and have gone to Portugal to represent Gilroy to compete in the GSBA(Global Stick and Blade Association)world championship in 2 stick fighting divisions, where hundreds of people come and fight from all over the world. Why would you like to be appointed to the Gilroy Youth Commission? I would like to join the Gilroy Youth Commission because I would like to impact the other youth in our city in a positive manner and help prevent harmful things that can literally change a persons life of those who are most vulnerable and who have no voice to stand up for themselves. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe that the biggest problem affecting the youth of Gilroy is the gang influence we have. Gang influence has made many of the youth to change the way the act and behave, influencing wrong doings such as violence and drug usage. Due to the influence of gangs, our city of Gilroy rank number 2 in domestic violence cases in out whole county. If I were to be appointed as a commissioner, I would bring awareness to the gang influence problem we have and work in collaboration with the school resource officers in order to find and help those who are in most need. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? I can improve my previous performance as a Commissioner by speaking up more. At the beginning of my previous term, I was very soft spoken, feeling overshadowed by other commissioner that have had more experience than I had. I have made it my goal to speak up upon all matter, whether it be big or mall to further ensure that my point of view and opinion are not overlooked in order to help Gilroy's youth. All Commission, Board and Committee applications are a public record 9.B.a Packet Pg. 240 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/3/2020 5:44:43 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 241 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 11:00:08 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Dvlan Matthews Birth Date*: 11/03/2004 Address: Phone Number(s): Email Address: Grade*: 11 School: Oakwood Hiah School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a 15 year old boy who resides in the beautiful city of Gilroy. I am currently a high school junior at Oakwood School in Morgan Hill. I have participated in many leadership roles on the Student Council. I love helping people and making a difference in people's lives. As a volunteer, I participated in Push Produce at St. Joseph's Family Center where I distributed fresh produce to low income and homeless individuals. I feel blessed to be able to lend a helping hand to people in need. I am also active in my church where I narrate biblical stories to small children at our church. I also teach them the importance of treating everyone with love, respect and kindness, regardless of their race or religion. I have packed lunches for the homeless with an organization called Loaves and Fishes in San Jose. Also, I've had a tremendous opportunity to volunteer in Mexico for 5 days at an orphanage. It was a special time to interact with these kids and showing them unconditional love as life has dealt them a rough hand. It was amazing to see how happy these kids were with the little things they had. By watching these kids, I learned that accumulation of things in my life is not going to bring me success and joy, rather it's being happy with what I have and striving to make the most of what I have that will make a significant difference. It was fun helping the orphanage by digging trenches, tearing down buildings, and playing games with the children. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I want to make a positive difference in my local community. By utilizing my leadership skills, I want to lead and serve the youth in Gilroy. I want to see the youth more involved in local community issues and provide a safe environment for them to engage and contribute to our society. I want to provide a place where the youth in Gilroy can come together to have fun and learn at the same time. I want them to know that they have a voice and can drive making decisions that affect our community. I want the youth in Gilroy to have a positive experience growing up over here and to know that they have a solid support system that they can lean on to help them as we go through life. Every person should be able to look back with extreme fondness on their childhood and be able to say that they had a wonderful and positive experience. I want to work with my fellow Youth Commission team to put together events to bring the Gilroy youth together so we can put our combined energy to work to mold the future leaders of our society. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? 9.B.a Packet Pg. 242 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 11:00:08 PM I think the biggest problem facing the youth of Gilroy are drugs. I've seen and heard many drugs being used by teens and it ruins them for the rest of their lives. If I'm appointed, I would organize informative and educational sessions for the youth to bring awareness on the dangers of using drugs and e-cigarettes. I would present videos on the victims of drug abuse sharing their devastating stories so the youths can see how it will negatively affect them later in their life. I would like to go to the local high schools with victims of drug abuse so the youths can hear first hand the personal stories of how drugs destroyed their lives. Pretending that the problem doesn't exist in our community is not going to help anyone. I would start health fairs and community events to bring awareness about this prevalent problem and invite youth along with their families to attend because knowledge is power and there is much power when we fight it as a community. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 243 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 7/31/2020 11:35 RCity of Gilroy Application for the Gilroy Youth Commission Name*: JORDAN MERRITT Birth Date*: 7/14/2002 Address: Phone Number(s): (Email Address: Grade*: 12________ School: PIEDMONT HIGH SCHOOL Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have prior experience in participating in community football and basketball leagues. I've been a participant for many years in both sports in the south bay area. I've most recently been involved during my senior year in my high schools' varsity basketball team, in which I've participated the past three years. I've also participated in my local church youth department in the youth choir, and outreach efforts. Why would you like to be appointed to the Gilroy Youth Commission? I'd like to make my voice heard within my community being a young man, as well as learn about other challenges, and efforts I can help and contribute towards. I believe I have a voice, and a duty to my local community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel the biggest problem facing the youth of Gilroy is resources, opportunity, and safe places. I would like to meet, and talk with those that can help provide those resources, so that the youth will have a brighter future. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 244 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Awa Ndao Birth Date*: 01/11/03 Address: Phone Number(s): (Email Address: Grade*: 11________ School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: In terms of service, I have volunteered as a Jr. Guard for the City of Gilroy, having completed over 40 hours as a volunteer. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission because I believe that I can serve as a powerful, extremely vocal spokesperson for Gilroy's youth. Being aware of the issues facing our youth, I can offer a first-hand perspective of these issues and aid in providing reasonable solutions on how to better handle these problems. As a part of this Commission, I would work to make the best interests of the youth heard, and help in catering to these interests. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem that seems to be plaguing the youth of Gilroy is a lack of support in terms of schooling (pressure, grades, teachers who aren't teaching material well). The pressure of receiving excellent grades is overwhelming for many, coupled with the fact that some administrators' teaching methods don't quite reach every student and cater to their way of learning. If appointed, some of the steps I plan to take in addressing the problem include a survey of students in the community to find out how they learn best: learning environment, method (visual, auditory, etc.) and create tutoring opportunities within school communities that cater to those. When it comes to tutoring and opportunities for academic help, most of the time these facilities aren't located on school grounds, making it more difficult for students to make the commute. Rather than having students going to tutoring facilities outside of school, we can bring the tutoring opportunities to them. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 245 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 7:31:46 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Addison Orlando Birth Date*: 12/28/2006 Address: Phone Number(s): Email Address: Grade*: 8 School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am Addison Orlando. I am an accelerated student from Brownell Middle School. During my free time, I am a competitive dancer at Studio Three Dance. I also enjoy playing with my little sisters and dogs. In my 7th-grade year, I was in both Brownell Middle school ASB and Brownell Kindness club. I have volunteered at Wheeler Senior Center and the Animal shelter. I have my donated time St. Joseph's Family Center and The San Martin Animal Shelter. I have also donated money to Toys for Tots and Pennys for Patients. It makes me happy to help people. I have been through hard times in my life and is always very nice to have someone there for you. Whether someone is going through mental health problems, financial problems, medical issues, or if the community is in trouble I feel like it is my job to help. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to give back to the youth of Gilroy. I was born and raised in Gilroy. Both of my parents were as well. They always tell me that when they were children Gilroy was such a great place to be a kid. Everyone knew each other and the community was so tight and supportive. You could be outside all day playing with friends and people were more into school sports. My mom tells me stories of how she would walk to the garlic festival with her friends. Now my parents don't even let me walk two blocks to my friend's house, due to what I might encounter. Especially as a student and Citizen of Gilroy, I see that things aren't like that anymore. There are trash and litter in parks and in the street. Cigarette buds and drugs on the ground. Homeless people have to sleep in children's parks and the streets. In school I see kids vaping and doing drugs. Last school year there were at least two fights a week. We need to do something about this. We also need to talk more about mental health and that it is ok to not be ok. Last year two of my friends were suicidal. This broke my heart. There needs to be more resources for mental health. We need to talk about it. We need to let the children of Gilroy know that they are not alone. I want to help. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problems facing the youth of Gilroy are drugs and mental health issues. To fix these problems we need to talk more about them in school. Mental Health NEEDS to be talked about more. We all get sad, we all get stressed and anxious, some kids just don't what do do with themselves. Kids get suicidal when they feel they are alone. We need to offer free counseling somehow outside of school. We need to put up encouraging messages throughout the town and maybe we can set up a teen helpline. Kids get suicidal or really really sad, and most of the time turn to alcohol and drugs to numb the pain. I see kids in school do drugs and they talk about getting drunk. This just horrible. I am thirteen for god's sake! We need to tell them why this is bad. We need to tell them the effects of doing drugs and why it is bad. Offering 9.B.a Packet Pg. 246 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 7:31:46 PM counseling or therapy can help teens with addiction and their mental health. We need to address these issues right now. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 247 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/6/2020 5:52:59 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Reet Padda Birth Date*: 02/03/2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Dr. TJ Owens Gilroy Early College Academy (GECA) Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been living in Gilroy for almost 11 years, and growing up, I was always surrounded by a loving and supporting community. As I matured, I developed a strong desire to give back to the city that I grew up in. In school, I have served as student council president and class president for a total of 4 years. This year, I will also help run the "Impact Teen Drivers" program. Within the City of Gilroy, I been a "Leader on Loose" and volunteered at events including the Run for Fitness, Gilroy Holiday Parade, and other recreational programs. I am currently a board member for a nonprofit organization called "Empowering Excellence" that is dedicated to providing financial support (and other services) to underprivileged students in the community. I have also volunteered for the YMCA for several programs including the senior food distribution service they held over the summer. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission to help facilitate change in our community. The youth are the future and they need to be recognized as an active part of the community. Being appointed to the Gilroy Youth Commission would give me the opportunity to be a voice for Gilroy's youth while also giving back to the community I have grown up in. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth is stress. Although stress can be caused by a variety of things, having outlets for stress is crucial. Many students find solace in sports or other extracurricular activities. For those who cannot afford such programs or would just like to see some friendly faces, if I am appointed, I would organize a cost-free program (for all ages) that offers activities to help manage stress. This program could easily be held over Zoom and activities may include yoga, crafts, dance, painting, etc. There would be a detailed schedule outlining the days/times for the activities and the information would be accessible through a website or social media page. Participants would be able to sign up in advance for the sessions they want to attend. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record 9.B.a Packet Pg. 248 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/6/2020 5:52:59 PM The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 249 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*' q A 'Pwo ((0-5 Birth date*: I q J Phone numbers) :(L"address: r Please list your background, including community service within the City of Gilroy, and any prior experience with proups or org niz tions that wo ld qualif you for thi Commissign: I t i? it 01 u 11 +ee Vi u%1 t -D .5 %Z U- L/i 12N `f'!A-.e-- /10 me Xe 6S . Jn 1 ` d- e t? &OAMr55roA.01,- t(s Why would you like to be appointed to the Gilroy Youth Commission? Gi/ v k (d IV vyt C..O m4th' av y s bvi l r v ° e Gov l ctt,, J_ pu4-4,P iv -j-n r'0 I'DU < , J - What do you feel is the biggest problem facing the youth of Gilroy? If. you are appointed, what are the steps you will take to address this problem? -P2P. I %'btci C'S robl-wr. c' vqj °-4v- Yr)1A,/V D - G Iv 0 I s )'tv are- ren0J i pi Vda e e vt 1` to 0 V l i v V71 r 1,4 ' e- g'7 / d U % ( o o - Vt (Tt 5 (' Ou Reapplying Commissioners: What can you do to improve yd'ur previous performance on the Commission? All Commission, Board and Committee applications are a public record Mail or email your application to: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 shawna. freels(cr ci.ailrov.ca.us The City of Gilroy accepts applications at any tirne and will keep thern on file for one year. 9.B.a Packet Pg. 250 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) City of Gilroy Application for the Gilroy Youth Commission Name*: Isabella Sells Birth Date*: 12/10/2004 Address: Phone Number(s): Email Address: Grade*: 9________ School: California Connections Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have been serving as a 'Leaders on the Loose' program volunteer in the City of Gilroy. Through the program, I have been volunteering for various Youth Sports programs including Aquatic Program during the summer as an assistant swim instructor and a certified Junior Life Guard. I always have hearts for making my community a better place for all and also volunteered as a Senior Tech Center at the Gilroy Senior Center. I have learned a lot about how to work with others and bring smiles to others' faces. I also served as an elected president of National Junior Honor Society, Connections Academy Chapter, to lead the group of middle school volunteers serving the community through Foster care help, Animal Shelter Help, and Cal Fire Victim help. Why would you like to be appointed to the Gilroy Youth Commission? Unlike serving the community physically as an individual or as a group, the Gilroy Youth Commissioner's position seems like many positive and collective decisions to make a community a better place, especially for the youth of Gilroy. I'd like to contribute my leadership and service in planning projects that can make Gilroy an amazing place to live for all, especially for the youth like me. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? The biggest problem facing the youth of Gilroy is lack of technology education opportunities. I was very impressed with the organized sports in the City of Gilroy through my volunteering. However, through my Senior Tech Tutoring, I realized that most tech camps and lessons are concentrated in up North in San Jose & Palo Alto Area. I think that the technology literacy is crucial in the next century and I believe that there should be more affordable technology education programs for the youth. The Gilroy schools are doing a great job, but the youth needs more knowledge than basic tech education. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? N/A All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 251 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 11:22:16 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Charlize Yuoj Serrano Birth Date*: 11/19/2004 Address: Phone Number(s): Email Address: Grade*: 11________ School: Dr. TJ Owens Gilroy Early College Academy Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: During my high school years, I had volunteered at mainly Gilroy. For example, most of my volunteer hours had gone into helping the youth here as I had volunteered at the Gilroy Youth Center during the summer before freshman year where I had mainly watched over the kids and helped set up the activities. In the next summer of freshman year, I had also volunteered at the Gilroy Library where I had organized books and helped with activities with the children there. During that time, the library had also offered me a volunteering opportunity to help teach the youth how to work with robots (Ozobots). During that summer when I was at the library, I had also joined some youth events to volunteer at like the Makers Faire in the Gilroy Library where I helped with setting up, cleaning up, and teaching children how to work with the same Ozobots. While I had gone to big events and organizations for a big chunk of my volunteering in high school I had also volunteered in smaller events. For example, I would volunteer at school- related events like how I helped out during the winter to wrap presents. In addition, even right before quarantine, I had worked at the Gilroy Recreation Center for a small princess event where I helped paint children’s faces. I also had experience with volunteering before high school as I was in the California Junior Scholastic Federation(CJSF) in middle school, so I would go to the Gilroy Community Garden after school and during my vacation time to help plant seeds and fix up the garden. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the commission because I think I would be a perfect fit as I have had a lot of experience working with the youth and I could provide several inputs and perspectives needed especially since I am a youth myself. I consider this a good opportunity for me as I have a profound love for looking after children and working with them and I believe that working in this Gilroy Youth Commission will really make an impact on the youth of Gilroy. I also have a lot of experience in planning and organizing activities and events. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I believe that the biggest problem facing the youth of Gilroy is their lack of engagement with the community. In today’s age children are more inclined to stay inside and live in the digital world. It’s even more so nowadays due to recent events. 9.B.a Packet Pg. 252 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/7/2020 11:22:16 PM If I were appointed as a Youth Commissioner, to fix this problem, I would plan more engaging activities and help youths interact more with their peers. I would also help promote more healthy activities for today’s youth and help organize them. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 253 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/29/2020 11:17:27 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Jordyn Silva Birth Date*: April 04, 2008 Address: Phone Number(s): Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have lived in Gilroy for about 8 years, and I went to Luigi Aprea Fundamental School for kindergarten-5th grade. I was in Associated Student Body, (ASB, also known as student government,) in sixth grade last year as a voting member, and I raised money for South County Tail Waggers dog rescue when i was 8 years old. Why would you like to be appointed to the Gilroy Youth Commission? I am very passionate about being educated on local government, and I am extremely passionate about giving local programs and officials input from my younger point of view. It honestly sounds like a very good experience, and I would love to do as much as I can for my community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that one of the biggest problems surrounding the youth community is mental health issues, as well as finding resources and outlets for any issues they may have. As an appointed member, I would try my best to give young people a safe space to ask for help and search for support spaces, especially if their parents/guardians don't validate their issues or help. Many people I personally know feel invalidate or silenced by their families, so it is very near and dear to me to give this part of our population a chance to advocate for their own mental wellness and get the help they deserve. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 254 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 8/20/2020 10:14 RCity of Gilroy Application for the Gilroy Youth Commission Name*: Zachary Souza Birth Date*: 9/1/2007 Address: Phone Number(s): (Email Address: Grade*: 7________ School: Brownell Middle School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am in the 7th Grade at Brownell Middle School. I've lived here in Gilroy for six years and I really like it. I enjoy sports, music, reading and being with family and friends. I have been on the ASB at Brownell Middle School and liked being involved at school. I think it is important to be involved and I like that Gilroy has this commission to help us kids have cool programs. Why would you like to be appointed to the Gilroy Youth Commission? My parents volunteer and I help them when they do things in my school. I would like to do my own volunteering and learn more about how the city government works. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? COVID is the biggest problem right now. All of our programs and schools are closed because of it and I miss my friends and playing basketball with them. I would like to find ways for us kids to play but be safe so no one is lonely. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 255 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/8/2020 9:33:02 AM City of Gilroy Application for the Gilroy Youth Commission Name*: Yashila Suresh Birth Date*: 12/01/2004 Address: Phone Number(s): (Email Address: Grade*: 11 School: Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I am a junior at Christophe High School. Throughout my middle and high school years, I have been actively involved in community service within the City of Gilroy. In middle school, I organized a book drive for children in Africa through the organization African Library Project, raising over 1,000 books. The experience was extremely full -filling and I decided I wanted to work more with children. I began volunteering as a Girls Who Code facilitator at the Gilroy Library and started my own free coding class at Ciel Services, for elementary to middle school students. Concerning leadership, I was Events Chair for schools in Gilroy, Morgan Hill, and Hollister for Interact, a service organization, and Events Coordinator for CHS Interact Club. Additionally, I was Secretary of my school's Speech and Debate Club, participated in Leadership class where I planned school events, and founded a medical health professionals club at school. On a weekly basis, I tutor elementary and middle school students through CHS and Ciel Services and am part of CSF. Through these events I have garnered and learned valuable skills in communication, efficiency, management, public speaking, organization, and leadership that have prepared me for the Commission, if appointed. Why would you like to be appointed to the Gilroy Youth Commission? I would like to be appointed to the Gilroy Youth Commission as a way for me to step onto a new platform, and give back to the community I was raised in. A platform that is easily accessible to the city, while initiating change and discussing the city's most pressing issues alongside a group of people, with an equivalent mindset. If I were to be on the Gilroy Youth Commission, I would like to implement new ideas and events that could positively impact and shape the youth in Gilroy. Sharing different morals and hearing contrary perspectives from Commission members, will add to the diverse learning experience I will acquire through the commission. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I feel that the biggest problem facing the youth in Gilroy is the lack of action on presented opportunities. In terms of youth enrichment, many have hosted and conducted various clubs, classes, and events free of charge in favor of students exploring possible interests in different fields they may not have access to otherwise. However, I have noticed that these students are unaware of the value and promise these opportunities could bring to both guide and impact their education.lf appointed, I would contact and work with teachers and school officials to emphasize the important of exposure to different topics for youth, as well as the encouragement for middle and high schoolers to conduct more events and programs to positively influence the youth and the Gilroy Community 9.B.a Packet Pg. 256 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9.B.a Packet Pg. 257 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 9/2/2020 2:03:24 PM City of Gilroy Application for the Gilroy Youth Commission Name*: Kyle Verrette Birth Date*: 12/17/2004 Address: Phone Number(s): Email Address: Grade*: 10________ School: Christopher High Please list your background, including community service within the City of Gilroy, and any prior experience with groups or organizations that would qualify you for this Commission: I have lived in Gilroy for about a year and I want to bring fresh perspective to this community. I've worked on a swim team for 2-3 years in San Jose and know how to be part of a team and share ideas. Why would you like to be appointed to the Gilroy Youth Commission? This sounds like a unique opportunity to be able to help and contribute to our community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address this problem? I think there is a problem with the digital divide. Many students don't have access to the internet. Student and the youth need access to computers and technology. Seek contributors from a high access to computers and technology. Reapplying Commissioners: What can you do to improve your previous performance on the Commission? All Commission, Board and Committee applications are a public record The City of Gilroy accepts applications at any time and will keep them on file for one year. 9.B.a Packet Pg. 258 Attachment: 2020 Youth Commission Applications (2991 : Youth Commission Appointments) 2020 Youth Commission Applicants Applicants Andrew Bachman Jacob Baker Alexandra Beyret Eshaan Billing Brennan and Jackson Burge Claire Burke Lillian Burke Logan Corona Julia Fox Esmeralda Garcia Katie Garrison Alyssa Gonzalez Winston James Sajiv Jampani Joshua Jang Maan Kolagotla Alexis Kong Kadence Lewis Grace Longoria Dylan Matthews Jordan Merritt Awa Ndao Addison Orlando Reet Padda Ryanne Palacios Isabella Sells Charlize Serrano Jordyn Silva Zachary Souza Yashila Suresh Kyle Verrette Edwin Lopez Meyhar Kamrah 9.B.b Packet Pg. 259 Attachment: 2020 Youth Commission Applicant Map 2 (2991 : Youth Commission Appointments) City of Gilroy STAFF REPORT Agenda Item Title: Approval of Guidelines on the Role of Elected Officials During Emergency Operations for Inclusion in the City Emergency Operations Plan Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Rachelle Bedell Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services Enhanced Public Safety ☐ Workforce Stability Public Engagement RECOMMENDATION Approve guidelines on the role of elected officials during emergency operations for inclusion in the City emergency operations plan. EXECUTIVE SUMMARY As Gilroy’s governing body the Mayor and City Council play a critical leadership role before, during and after an emergency. T o guide the Mayor and Council in this role, staff has developed a set of proposed guidelines, which provide the Mayor and Council Members with information specific to their roles and responsibilities in the event of an emergency in Gilroy. These guidelines provide direction regarding emergency 9.C Packet Pg. 260 notification, early action, meeting during a proclaimed emergency, responsibilities, communication, working with the media, and training. Preparation before an emergency occurs is the single best way to improve response and allow for focus on the preservation of life and property. The Mayor and Council Members’ role in an emergency is vital to ensure a coordinated and unified response. The proposed guidelines were originally presented to the Mayor and City Council in December 2019 for review and feedback. BACKGROUND Gilroy’s Emergency Operations Plan (EOP) adopts an all-hazard approach for dealing with emergencies and focuses on the preservation of life and property. The EOP identifies the City’s emergency planning, organization, and response policies and procedures. Part of the FY20 and FY21 Strategic Plan includes an action item for the update of the Emergency Operation Plan. As it stands, Gilroy’s EOP does not have guidelines for the role of Council Members during an emergency. Before the City presents an update to the EOP, staff is providing the opportunity to the Mayor and City Council to review and approve the proposed guidelines for inclusion in the City’s Emergency Operation Plan. ANALYSIS Examples from other cities, best practices, CalOES training, and experience in the field were all considered in the development of the proposed guidelines. Staff recognizes that each City and emergency situation is unique and requires a specialized response. Therefore, some flexibility has been intentionally left within the guidelines to allow for this specialized response. As proposed, the guidelines include the follow ing areas: Emergency Activation Council Notification Early Actions Meeting During a Proclaimed Emergency Responsibilities of the Council Responding to a Disaster Area The Council as Communicators Training for New Council Members Changes to these guidelines since reviewed by City Council in December 2019 include: The Mayor and Council as Communicators: Responding to media requests through a designated spokesperson (updated language is included in red) o The Mayor or Individual Council Members will often be so ught out by the news media for interviews or to provide comments or information specific 9.C Packet Pg. 261 to the incident. Ideally, these requests will be forwarded and responded to by the City’s designated principal spokesperson for the incident. In the event that the spokesperson is unavailable, the Mayor or individual Council Members may choose to respond to the media request. To assist in preparing for these interviews, the EPIO will provide the most current information regarding the incident as well as written talking points. Training for the Mayor and Council: Recommended timeline for training (updated language is included in red) o It is recommended that the Mayor and Council take the full IS-700 NIMS Course at the time of election and once again every 4 years. In addition, staff has updated the Emergency Action Card for the Mayor and Council Members to provide a quick reference, should the need arise. The proposed card is included with the staff report and is intended to be printed as a 2x3.5” size and includes a phone number which can be used by the Mayor and Council Members to reach the Director of Emergency Services in the event of an emergency. NEXT STEPS These guidelines have been developed in alignment with the City’s Charter and Emergency Operations Plan and are written to provide additional direction regarding the Mayor and Council’s role. Upon adoption, these guidelines will be included in the update to Gilroy’s Emergency Operations Plan. Attachments: 1. Role of the City Council in Emergencies 090920 OCR 2. California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR 3. Emergency Action Card for Mayor and Council 090920 OCR 9.C Packet Pg. 262 1 | Page Guidelines for the Role of the Mayor and City Council in an Emergency Elected officials play a critical role in setting policy for emergency management within the city. The Mayor and Council have two critical roles during an emergency: • To exercise its policy and decision making role by ratifying or proclaiming a local emergency. • To serve as the face of government by listening to residents, community organizations, and local businesses. The Mayor and Council will receive regular situational briefings from the Director of Emergency Services (DES) or designee, as well as pertinent advice from the City Attorney’s office and other emergency management staff, to assist it in fulfilling these two critical roles. Emergency Activation, Mayor and Council Notification, and Early Actions The following summarizes key Emergency Operations Center (EOC) activation and early action information for the Mayor and Council. Emergency Activation Gilroy’s EOC may be activated under any of the following conditions: • Under the direction of the DES, typically upon receipt of a warning or an observation that an emergency situation has occurred, is imminent, or likely to occur soon. Mayor and Council Notification • The Mayor and Council will be notified by the DES or designee. Early Actions • The Mayor and Council will receive a briefing on the emergency incident situation from the DES or designee and a priority list of next-step actions for the Mayor and Council to consider. Included will be advice on whether there is an urgent need for the Mayor and Council to call a special meeting to deal with emergency matters. • If a proclamation of a local emergency has already been proclaimed, the Mayor and Council will need to meet within seven (7) days to ratify the proclamation in order for Gilroy to be eligible to receive emergency response and recovery funding. The DES and the City Attorney’s office will advise on this and other meeting-related matters. 9.C.a Packet Pg. 263 Attachment: Role of the City Council in Emergencies 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency Operations) 2 | Page Meeting During a Proclaimed Emergency The Brown Act (Government Code §§ 54950-54962) governs meeting access for local public bodies. The Brown Act cannot be suspended by a local proclamation of emergency or by any other legislation. In emergency situations, the City and its officials must comply with the Brown Act. However, the Brown Act itself does provide some flexibility with the noticing and agenda requirements in “emergency situations.” • Emergency - Defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. Government Code section 54956.5(a)(1). In cases of “emergency,” the local legislative body (the Mayor and Council) may hold an emergency meeting without complying with the 24-hour notice requirement and/or posting requirement ordinarily necessary prior to the Mayor and Council holding a special meeting. However, telephonic notification must be given to the media at least one hour before the emergency meeting is held. Government Code section 54956.5(b)(1). • Dire Emergency - Defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. Government Code section 54956.5(a)(2). In cases of “dire emergency,” the one-hour notice of the meeting provided to the media can occur at the same time the presiding officer or designee is notifying the members of the legislative body about the dire emergency meeting. And, in situations where telephone services are not functioning, the notice requirements mentioned above shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify the media of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. Government Code section 54956.5(b)(2). • Post Meeting Obligations - Where the Mayor and Council have conducted an emergency meeting or a dire emergency meeting pursuant to these Government Code provisions, the City must post minutes of the meeting, a list of the persons notified or attempted to be notified prior to the meeting, the actions taken by the Mayor and Council and roll call vote. This information must be posted in a public place, as soon after the meeting as possible and shall remain in place for ten (10) days. Government Code section 54956.5(e) Responsibilities of the Mayor and Council May Include When a disaster strikes, the Mayor and Council will often serve as primary conduits between the government and the public both during and after the event. The Mayor and Council may hold public meetings to conduct business relevant to response and recovery from the disaster (for example, the adoption of the ordinances) and to hear from and communicate with the public. Additionally, the 9.C.a Packet Pg. 264 Attachment: Role of the City Council in Emergencies 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency Operations) 3 | Page Mayor and Council may review potential or threatened litigation and provide general direction to the DES in such matters. Specific responsibilities of the Mayor and Council include: • Receive regular updates and briefings from the DES or designee. • Serve as a liaison with other City, County, State, and/or Federal government representatives. • Review and approve the Proclamation of Local Emergency. • Assist residents, organizations, and local businesses in finding solutions to problems resulting from the emergency. • Convene community meetings to share information and problem-solve. • Distribute information provided by the DES, EPIO, or designee to assist with public information outreach and keeping constituents informed. • Visit impacted areas, shelters, and temporary facilities to identify problems and solutions. • Escort County, State, and Federal government representatives, such as the Governor, on- site visits, and assisting any dignitaries who may be in residence at the time of the emergency. • Consider and approve both short and long term recovery recommendations as developed by staff. Responding to a Disaster Area After receiving a situational briefing, the Mayor and Council may choose to proceed to assigned locations throughout the City. During the initial briefing with the Director of Emergency Services or designee, the Mayor and Council will determine which locations to visit and the appropriate mode of transportation to the site. The Mayor and Council will also receive special instructions related to site security or conditions. The nature of the emergency incident and the Mayor or Council Member’s particular interests will determine the locations. Depending on the size and scope of the disaster, it is recommended that the Mayor and Council Members do not respond to the immediate disaster area because of safety concerns for the Mayor or Council Member as well as emergency responders working at the scene. However, if the Mayor or a Council Member does choose to respond to the scene, they are encouraged to respond to the Incident Command Post and to follow these guidelines: • Inform the Director of Emergency Services that you are going to the scene. • Bring at least one form of identification. Not every police officer or firefighter will know you. • Park your car in a safe place away from the incident and in an area where your vehicle does not obstruct the road. Blocked roads may slow emergency vehicles from reaching their destination. • Check-in with the Incident Commander as soon as you arrive at the scene. This person is responsible for directing all activities at the incident scene. The Incident Commander should be located at the Command Post. 9.C.a Packet Pg. 265 Attachment: Role of the City Council in Emergencies 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency Operations) 4 | Page • The fire, law enforcement, or other emergency response agency may establish a “Hot Zone” into which only persons with the proper protective clothing and training are allowed to enter due to hazards to health and safety. Be prepared to follow their guidance and understand if you are denied access, it is for the Mayor or Council Member’s safety. • Watch for hazards and pay attention to your surroundings. Many responders are struck by cars every year because they are operating in the roadways where drivers are easily distracted by the disaster or incident. • Watch where you step. The scene may contain hazardous materials that can wind up on your shoes, which in turn can contaminate your car, home, or business. Do not walk into or touch spilled material. Avoid inhaling fumes, smoke, and vapors. Avoid floodwater; it may be contaminated. The Mayor and Council as Communicators Communication is a key factor in emergency management. Effective communication can potentially reduce the impact of a hazard, while poor communication can potentially result in increased injury or deaths. To ensure that information being released to the public is accurate and up-to-date, the Emergency Public Information function is coordinated through the management section of the Emergency Operations Center. Prior to release, information prepared by the Emergency Public Information Officer (EPIO) will be reviewed and approved by the Director of Emergency Services or Incident Command or both; as determined at the outset of the emergency situation. The Mayor and Council provide an important communication link between the community and the emergency operations staff. The DES or designee will share information at regular intervals with the Mayor and Council to ensure timely communication of disaster information and to answer any questions the Mayor or Council Members may have. This information may be used for communicating with the community to ensure accuracy and consistency in messaging. In addition, the Mayor and Council are encouraged to direct the community to the City’s official emergency communication channels for regular updates and factual information. During a disaster, the Mayor, City Administrator, or designee shall act as the City’s principal spokespersons, providing information and reassurance to the community through personal appearances, appearances on media outlets, through written communications with the public, and through meetings with officials from other levels of government. Designated spokespersons should coordinate with the EPIO to identify factual information available for public release and consistency in messaging. The Mayor or Individual Council Members will often be sought out by the news media for interviews or to provide comments or information specific to the incident. Ideally, these requests will be forwarded and responded to by the City’s designated principal spokesperson for the incident. In the event that the spokesperson is unavailable, the Mayor or individual Council Members may choose to respond to the media request. To assist in preparing for these interviews, the EPIO will provide the most current information regarding the incident as well as written talking points. 9.C.a Packet Pg. 266 Attachment: Role of the City Council in Emergencies 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency Operations) 5 | Page The following information may be helpful in responding to the media: • Answer questions directly and to the point. • If you don’t know the answer, don’t speculate. Bad information can cause the public to take incorrect actions and can damage your credibility. Get the reporter’s name and telephone number so that you can follow up with an answer, and do it. • Do not exaggerate the facts. Give facts as you know them and cite your own sources. In an emergency or disaster, the information you reveal could threaten lives if it is incorrect. • Tell the truth and avoid using “no comment.” If you don’t know the answer, be honest, and say so. No comment gives the impression that you have something to hide. • Avoid going “off the record.” It can come back to haunt you. • Challenge any efforts to put words in your mouth. If you don’t, you may end up appearing to agree with something you actually disagree with. • Be alert. Avoid answering speculative “what if” questions. Be prepared to lead the interview to the points you want to make. • If you know you are going to be interviewed please contact the EPIO or the Director of Emergency Services for accurate and timely information to work with. Tips for delivering your message: • Speak naturally and avoid using “jargon” or terminology that is unfamiliar to those working outside of city government. • Say the most important thing first and then, if necessary, elaborate. Avoid long, rambling responses. Be succinct and clear. • Make one point at a time and speak in simple language. During times of high-stress, people are generally only able to remember short, concise bits of information. • If you must read a prepared statement, review the information before going “live.” Read in a relaxed manner. Avoid stilted, halting speeches. • Be believable, personable, and conversational. Credibility is vital to getting your message across. • Let the EPIO know if you talk to the media. Training for the Mayor and Council It is recommended that the Mayor and Council take the full IS-700 NIMS Course at the time of election and once again every 4 years. It is also recommended that the Mayor and Council receive training in crisis communication. A valuable resource on effective emergency communications is the California Office of Emergency Services Risk Communication Guide for State and Local Agencies and can be downloaded from the CalOES website. 9.C.a Packet Pg. 267 Attachment: Role of the City Council in Emergencies 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency Operations) Risk Communication Guide for State and Local Agencies October 2001 Gray Davis Governor State of California Dallas Jones Director Governor’s Office of Emergency Services OES Go,.,m<>r's Office of Emergency Services 9.C.b Packet Pg. 268 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services October 2001 i 3.4 Potential Enhancements to Community Emergency Response TABLE OF CONTENTS ACKNOWLEDGEMENT iii 1.0 EXECUTIVE SUMMARY 1 2.0 GENERAL RISK PERCEPTION/COMMUNICATION ISSUES 5 2.1 Key Risk Issues Often of Interest to the Community 6 2.2 Factors Contributing to Community Outrage 10 Table 2-1 12 3.0 POSSIBLE OBJECTIVES OF A RISK COMMUNICATION PROGRAM 13 3.1 Defining the Target Audience 14 3.2 Pre-Incident Objectives and Information Priorities 18 3.3 Objectives and Information Priorities During and After an Incident 21 22 4.0 TRUST AND CREDIBILITY FACTORS 23 4.1 Pre-Incident Agency Actions to Build Trust and Credibility 24 4.2 Agency Actions 28 4.3 Timing of Information Releases 29 4.4 Trust and Credibility Issues During and After an Incident 32 5.0 EFFECTIVE VEHICLES FOR RISK COMMUNICATION 33 5.1 Effective Pre-Incident Risk Communication Vehicles 34 Table 5-1 38 5.2 Defining Effective Risk Communication Vehicles During and After Incidents 39 6.0 EFFECTIVE COMMUNICATION STRATEGIES IN PUBLIC FORUMS 42 6.1 Understanding the Risk Communication Needs of Different Audiences 43 6.2 Dealing with Values and Feelings 44 6.3 Responding Personally 47 6.4 Other Communication Strategies 49 7.0 RESOURCES FOR EFFECTIVE PUBLIC FORUM RISK COMMUNICATION 51 7.1 Choosing the Right Representatives 52 7.2 Developing the Message 55 Table 7-1, Risk Management Checklist 56 7.3 Effective Communications 57 7.4 Other Considerations 60 8.0 EXPLAINING RISK 61 8.1 Avoiding Outrage When Explaining Risk 62 8.2 Presenting and Explaining Technical Information 63 8.3 Dealing with Uncertainty 66 9.C.b Packet Pg. 269 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services ii October 2001 9.0 REFERENCES AND RESOURCES 68 10.0 GLOSSARY 70 11.0 QUICK SUMMARY CHECKLISTS FOR: SECTION 2 - GENERAL RISK PERCEPTION/COMMUNICATION ISSUES 71 SECTION 3 - POSSIBLE OBJECTIVES OF A RISK COMMUNICATION PROGRAM 73 SECTION 4 - TRUST AND CREDIBILITY FACTORS 75 SECTION 5 - EFFECTIVE VEHICLES FOR RISK COMMUNICATION 78 SECTION 6 - EFFECTIVE COMMUNICATION STRATEGIES IN PUBLIC FORUMS 81 SECTION 7 RESOURCES FOR EFFECTIVE PUBLIC FORUM RISK COMMUNICATION 83 SECTION 8 EXPLAINING RISK 85 12.0 GUIDELINES FOR MEETING WITH THE MEDIA 87 9.C.b Packet Pg. 270 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services iii October 2001 ACKNOWLEDGEMENT The following individuals are acknowledged for their participation and contribution for this Risk Communication Guide: Primary Author: • Steven T. Maher, PE CSP, Risk Management Professionals Governor’s Office of Emergency Services Review • Jane Hindmarsh • David Zocchetti • Vincent Montane • Gregory Renick • Yvonne Fields Professional Review: • Peter M. Sandman, Ph.D. Peer Review Team: • Nicolle Goldman, PMP - Complete Business Solutions, Inc. • Chief Kennith M. Hall - Torrance Fire Department • Carolin A. Keith - Mobil Oil Corporation • Dr. Mary F. McDaniel, D.O., M.P.H - McDaniel-Lambert • Stephen R. Melvin, PE ASP - Orange County Fire Authority The author would also like to acknowledge the New Jersey Department of Environmental Protection for sponsoring References 1 and 2 (a key resource for this Risk Communication Guide), and also the following key contributors to those guidebooks: • Caron Chess • B.J. Hance • Peter M. Sandman 9.C.b Packet Pg. 271 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services iv October 2001 A special thank you is given to the Risk Communication Committee Final Review Members: Lee J. Sapaden, Senior Program Manager Los Angeles County Office of Emergency Management Jeffery K. Cox, Criminal Justice Planner Napa County Russell D. Richards III, Fire Warden Assistant Director of Emergency Services Stanislaus County Office of Emergency Services Jack Geck, Supervisor I, Maritime Safety Unit Office of Spill Prevention and Response California Department of Fish and Game Gina Margillo, Education and Participation Specialist California Department of Health Services St I 'flfy Striving to bf th, Bflst CaHfnmia Department of Health ervice 9.C.b Packet Pg. 272 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services v October 2001 Eric Butler, P.E., Emergency Response Section Chief, Division of Flood Management California Department of Water Resources James Davis, State Geologist Division of Mines and Geology California Department of Conservation Michael Reichle, Supervising Geologist Division of Mines and Geology California Department of Conservation Badie Rowshandel, Senior Seismologist Division of Mines and Geology California Department of Conservation Theodore C. Smith, Supervising Geologist Division of Mines and Geology California Department of Conservation Paul Skiermont, Program Manager I Governor’s Office of Emergency Services Donna Anderson, Emergency Services Coordinator Governor’s Office of Emergency Services Please direct any questions or comments to: Governor’s Office of Emergency Services P.O. Box 419047 Rancho Cordova, California 95741-9047 (916) 845-8731 - FAX (916) 845-8733 MINES AND GEOLOGY CALIFORNIA CONSERVATION OES ALIFOR IA * Governor's Office of Emergency Services 9.C.b Packet Pg. 273 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 1 October 2001 1.0 EXECUTIVE SUMMARY Importance of risk communication The field of risk assessment and risk management has advanced considerably in the past few decades. It has been found that the manner in which the community was informed of the associated risks before, during and after an incident, can directly affect whether the event is perceived as being handled successfully or not. Although risk communication has been an integral part of the hazardous material industry, it is becoming more widespread in its application to other disasters. The emergency management community is responding to media and public inquiries more than ever before. Risk communication has become a key factor in emergency management programs. Purpose The intent of this guide is to provide basic information to emergency management professionals in state and local agencies so they may establish a risk communication program to effectively communicate risk issues with the community. It is not intended to provide state and local government public information officers with methods of "spin control." It is directed towards the emergency management professionals who may be called upon before, during and after an incident to make presentations to the public as to how this incident may affect them. There are many publications on this subject. Although many of them are for private industry/hazardous material audiences, their basic principles can be applied to governmental agencies/general disasters as well. A list of references and resources is included in Section 9. Potential emergency management risk examples Examples of potential risks that may need to be addressed from the emergency management perspective include: • man-made facilities such as: o dams o nuclear power plants o chemical plants • natural phenomena such as: o earthquakes o wildfires o floods • other events such as: o fires o explosions o toxic releases o terrorist activities 9.C.b Packet Pg. 274 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 2 October 2001 1.0 EXECUTIVE SUMMARY, continued Benefits of effective risk communication Having an effective risk communication program in place could result in the following benefits to your agency: • improved ability of the community to act on requests for emergency actions (shelter-in-place, evacuation). • improved community perception and understanding of potential risks. • improved community understanding and support of emergency preparation activities. • reduced impact in the event of an emergency or disaster. • decreased potential for legal action by the community to enforce what it considers to be an equitable risk balance (this has occurred[8]*). A key point to consider: if a risk to the community exists, the community deserves to be informed and consulted. * Superscript numbers refer to the corresponding number in Section 9.0. Organization of this Risk Communication Guide There are many resources that provide risk communication guidance; however, most focus on environmental risk communication. This guide adapts the best available guidance for emergency management use, provides a compendium of useful communication tips, and focuses on risk communication of emergency/disaster issues. It is not designed to replace training or more comprehensive tutorials on risk communication. The sections of this guide are partitioned into practical steps for implementing a risk communication program. They include: General Risk Perception/Communication Issues Before undertaking the development of a risk communication program, it is important to have a general understanding of potential risk communication challenges (i.e., general risk issues of interest to the community and outrage factors). Possible Objectives of a Risk Communication Program Defining clear goals and objectives is one of the most important initial activities because it provides a platform for the risk communication program to be more effective, better focused, and more likely to achieve the desired benefit. 9.C.b Packet Pg. 275 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 3 October 2001 1.0 EXECUTIVE SUMMARY, continued Organization of this Risk Communication Guide, continued Trust and Credibility Factors These parameters lay an important foundation for successful risk communication. Effective Vehicles for Risk Communication This section identifies some common and effective mechanisms for risk communication that can be used once your goals are defined and an appropriate platform for success exists. Effective Communication Strategies in Public Forums A public forum can be an effective (and often necessary) mechanism for communicating “high profile” risk issues. Ensuring that the appropriate risk communication strategies are applied is critical. Resources for Effective Public Forum Risk Communication When directly interacting with the community, having the proper resources available can make the difference between success and failure. This section provides tips on choosing your representative, developing an appropriate message, and presenting your message to improve risk communication Explaining Risk This section contains useful tips for conveying an understanding of risk to the stakeholder. References and Resources This section provides a list of several useful, supplemental guidance documents. Although primarily focused on environmental risk issues, many of the concepts are adaptable to emergency/disaster risk issues. Quick Summary Checklists These checklists provide key summary points to consider when developing a risk communication program. A copy of the checklist may be extracted to facilitate risk communication planning within your organization. Guidelines for Meeting with the Media Copies of this page may be duplicated for distribution. 9.C.b Packet Pg. 276 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 4 October 2001 1.0 EXECUTIVE SUMMARY, continued Perspective The authors recognize key decisions are made by the risk communicator before undertaking the risk communication task: • What is the real nature of the hazard - modest or serious? • If a modest hazard, is the objective to reassure? • If a serious hazard, is the objective to alert? Even if the hazard is serious, there is a need to reassure - panic benefits nobody. Even if an agency views itself as “informing” its community, rather than alerting or reassuring it, a fundamental distinction in risk communication is deciding whether people are likely to be more concerned than considered appropriate (overreact) or be less concerned than considered appropriate (underreact). Generally, the public will tend to overreact. In such cases, emergency management agencies must focus much of their energies for handling an event by trying to: Before Reduce the anxiety about potential emergencies that the agency considers unlikely. During Prevent panic in mid-crisis. After Prevent or reduce outrage about prior agency actions (or inaction). Most agencies are most familiar with providing information that alerts people to serious hazards. Therefore, the focus of this guide is on the more challenging task of providing neutral/balanced information and reassuring the public about non-serious hazards. 9.C.b Packet Pg. 277 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 5 October 2001 2.0 GENERAL RISK PERCEPTION/COMMUNICATION ISSUES Before undertaking the development of a risk communication program, it is important to have a general understanding of potential risk communication challenges. This chapter discusses the types of issues most communities are concerned about and factors that contribute to community "outrage", including those circumstances that can cause controversy, anger, distrust, and still greater concern among the individuals in the community. Chapter content 2.1 Key Risk Issues Often of Interest to the Community Table 2-1: Key Risk Communication Parameters 2.2 Factors Contributing to Community Outrage 9.C.b Packet Pg. 278 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 6 October 2001 2.1 Key Risk Issues Often of Interest to the Community Importance of understanding the community’s interests To effectively communicate the risk issues to a community, you must first understand what issues are important to them. Often, it is not necessarily the technical issues that are the most important to them. However, it is usually necessary to present some technical information. The person presenting the technical aspects of the event must do so simply and clearly. Once the technical information is presented, the issues of interest to the community can then be addressed in as much detail as necessary. Key general risk issues General Emergency/Disaster Risk Issues of Interest to the Community • Consequences of Worst-Case/Alternative Scenarios and Emergency/Disaster Likelihood (How bad is it? Can it happen?) - Although the emergency management professional spends many hours trying to determine the possibility of a disaster occurring and how bad it would probably be, the public usually doesn’t give it much thought. Typical questions from the public about natural and man-made hazards might include the following: o “What is the worst thing that can happen?” o “What is the likelihood of a major earthquake?” o “How many people could be killed?” o “How much hazardous material is located at the plant?” o “I live one block away, would I survive if this dangerous chemical is released?” o “Are there any long-term health impacts?” o “How do I know my child is safe in this school?” o “Would you live here?” o “When developing your worst-case scenario, is sabotage considered?” The emergency management professional must address these issues directly and use the opportunity to present information about emergency mitigation systems and other safety features in the simplest possible language. 9.C.b Packet Pg. 279 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 7 October 2001 2.1 Key Risk Issues Often of Interest to the Community, continued Key general risk issues, continued • Probabilistic Approach vs. Precautionary Principle Recently, there have been two basic ways to address risk issues: o Probabilistic Approach - develops an understanding of consequences and likelihood and uses that understanding to make decisions. o Precautionary Principle – an expectation that agencies will take steps to prevent high-magnitude, low-probability disasters. The probabilistic approach has become less important. Now it is more common to apply the Precautionary Principle to risk decision-making. The specification of “tolerable risk” (how safe is safe enough?) has a significant dependency on the outrage factor (see Section 2.2). When outrage is low, sizeable risks are perceived as tolerable; when outrage is high, even tiny risks are felt to be intolerable. • Natural Phenomena Hazards - Individuals tend to become less outraged when it comes to worst-case natural phenomena hazards (e.g., earthquakes, floods, tsunamis, storms, tornadoes) than they do when it comes to man-made hazards. The public will often want to know what magnitude earthquake a man-made structure or facility can withstand, asking such questions as: “Can its failure impact my business or my family?” “Can it be made earthquake-proof?” • Community Emergency Response Actions - Emergency response agencies and personnel are chartered with being equipped and trained to handle emergencies. However, community members will typically want to know how to protect themselves and their families during an emergency/disaster, and the question, “What should I do if an emergency occurs?” will usually be asked. • Community Notification Systems - Community notification systems are usually in place if there is a need for them. However, new (and even long-time) residents may not be aware of the notification procedures. Therefore, emergency notification, warning, and response plans and procedures should always be addressed as part of the risk communication process. 9.C.b Packet Pg. 280 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 8 October 2001 2.1 Key Risk Issues Often of Interest to the Community, continued Key general risk issues, continued • Perceived Risks Reported by the Media - In today's world, the community will most likely hear about emergency issues through the news media. Therefore, key issues and concerns raised by the media will need to be addressed. In addition, some issues and concerns may have to be clarified or corrected. • Use of Standards and Accepted Practices - If terms like "standards" or "accepted practices" are used, it should be explained why they are acceptable in their community. Key industrial facility-based risk issues Industrial Facility-Based Emergency/Disaster Risk Issues of Interest to the Community • Safety (“threshold”) limits - Often various threshold limits have been identified during the risk assessment process. The public will typically be interested in what these limits are and how they compare to the risk of fatality. • Dispersion, release, and other consequence models - Models may have been used for risk assessment. Providing the community with information regarding these model scenarios may be helpful. • Community confidence in crediting safety/mitigation systems - Public concern over the need for a facility to emphasize safety over profit, adhere to safe operating practices, and maintain the proper functionality of mitigation systems may be key issues. • The following safety features are ranked in increasing order of difficulty in terms of inspiring public confidence: o passive safety/mitigation features o active safety/mitigation features o alarms (especially if they can be disabled) o safety features that involve continuous adjustment (especially if they are a potential contradiction to efficient plant operations) 9.C.b Packet Pg. 281 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 9 October 2001 2.1 Key Risk Issues Often of Interest to the Community, continued Other risk issues of interest to the community Other Potential Considerations when Communicating Risk Information • The community will typically be less interested in the science behind risk assessment than the risk communicator. • Financial impact, business impact, and real estate values are often important issues to the community when discussing emergency/disaster risk issues. • Human nature ensures that individual community members are going to be focused on their safety and how an emergency/disaster will impact them. • Past events will often be a focus for the vocalizing of community concerns and should be addressed by the risk communicator. • When considering personal safety and risk, the cost-effectiveness of solutions is typically not the public’s first consideration. Similarly, the public is typically not highly sensitive to governmental, or business challenges associated with emergency issues. 9.C.b Packet Pg. 282 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 10 October 2001 2.2 Factors Contributing to Community Outrage The concept of “Community Outrage” By their nature, emergency management professionals must focus on the technical issues associated with emergency preparation and response, whereas the public considers many other factors. It is generally true that what the public sees as the risk and their related fears often have no correlation to the technical issues. In risk management and communication circles, these non-technical factors are often referred to as the “outrage" dimension of risk. Key factors that underlie the public’s perception of risk The person who communicates with the public must be aware that the public is usually more concerned with the outrage issues than the technical aspects, and their perception of the risk(s) is likely to be very different from the agency’s assessment. Some actions that are guaranteed to raise the level of hostility between community members and agency representatives and may ultimately stand in the way of successful risk communication include: • Ignoring the variables that influence community risk perception. • Labeling the variables as irrational and then discounting them. Some key variables that can underlie community perception of risk: • Voluntary risks are accepted more readily than those that are imposed. When communities feel coerced into accepting risks, they tend to feel anger and resentment. As a result, the community may pay far less attention to a substantive risk issue because a less serious coerced risk generates more controversy. • Natural risks seem more acceptable than artificial risks. An act of nature, such as an earthquake or tornado, is more acceptable than one caused by people, such as a chemical leak or airplane crash. Natural disasters provide no focus for anger because there is no one to blame, whereas man-made disasters can usually be attributed to human error and thus become a focal point for public anger. • Risks under individual control are accepted more readily than those subject to industry or government control. Most people feel safer dealing with risks under their own control. For example, most of us feel safer driving than riding as a passenger. Our feeling has nothing to do with our driving record versus the driving record of others. 9.C.b Packet Pg. 283 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 11 October 2001 2.2 Factors Contributing to Community Outrage, continued Key factors that underlie the public’s perception of risk, continued • Risk information that comes from a trustworthy source is more readily believed than information from an untrustworthy source. If a mechanic with whom you have quarreled in the past suggests he can not find a problem with a car that seems faulty to you, you will respond quite differently than if a friend delivers the same news. You are more apt to demand justification from the mechanic rather than ask neutral questions. • Exotic risks seem more dangerous than familiar risks. A cabinet full of household cleansers, for example, generates much less concern than a high-tech chemical facility that makes the cleansers. Importance of understanding outrage factors The greater the number and seriousness of outrage factors, the greater the likelihood of public concern about the risk, regardless of the technical data. As government agencies have seen many times, the risks that elicit public concern may not be the same ones that scientists have identified as most dangerous. When officials dismiss the public's concern as misguided, the result is controversy, anger, distrust, and still greater concern. None of this is meant to suggest that people disregard scientific information and make decisions based only on the other variables (the outrage factors). However, it does suggest that outrage also matters, and that by ignoring the outrage factors, agencies skew the balance and cause people to become even more outraged. This logic leads to the following guideline: Pay as much attention to outrage factors and to the community's concerns as to scientific data. At the same time, do not underestimate the public's ability to understand technical information. 9.C.b Packet Pg. 284 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 12 October 2001 2.2 Factors Contributing to Community Outrage, continued Benefits of proactively considering and addressing community outrage factors Emergency management professionals too often focus on the scientific data and ignore the outrage factors. In a democracy, controversial issues are not those solely determined by technical experts. If outrage factors and people's concerns are not addressed from the outset, you will often be forced to attend to them later, after angering the public - a far more challenging situation. Some primary benefits of considering and addressing community outrage factors, as well as technical issues, from the beginning are: • If you merely convey technical information and ignore the outrage factors, you will enrage the public. As a result, risks the agency deems minimal will become battlegrounds. Addressing the outrage factor reduces this likelihood. • Data is not always complete and management options are rarely perfect. Including other concerns raised by the public may lead to better technical solutions. This table provides some key risk communication parameters that reflect community outrage factors: Table 2-1 Key Risk Communication Parameters[29] Reassurance Factors - Reduce Fears • Show commitment, openness, knowledge, empathy • Give respect - Treat others as they want to be treated. • Provide early notification • Discuss and negotiate • Secure permission Scare and Anger Factors - Increase Fears • Lie • Trivialize • Keep secret • Failure to involve the community • Provide no choices -n --~ L__ --~ - 9.C.b Packet Pg. 285 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 13 October 2001 3.0 POSSIBLE OBJECTIVES OF A RISK COMMUNICATION PROGRAM Defining clear goals and objectives is one of the most important initial activities because it provides a platform for the risk communication program to be more effective, better focused, and more likely to achieve the desired benefit. Chapter content 3.1 Defining the Target Audience 3.2 Pre-Incident Objectives and Information Priorities 3.3 Objectives and Information Priorities During and After an Incident 3.4 Potential Enhancements to Community Emergency Response 9.C.b Packet Pg. 286 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 14 October 2001 3.1 Defining the Target Audience RESIDENTIAL Importance of stakeholder identification In order to design an effective risk communication program, identifying the stakeholders is a critical initial task. It is necessary to anticipate or assess their varying interests because how the potential hazard impacts them (personally or professionally) will be their primary interest. General types of stakeholders As indicated in the diagram above, the general types of stakeholders can include, but are not limited to: • Residential Community • Business/Commercial Community • Industrial Community • Your Agency • Other Agencies Industrial Other Agencies Types of Stakeholders BUSINESS/ Commercial YOUR AGENCY 9.C.b Packet Pg. 287 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 15 October 2001 3.1 Defining the Target Audience, continued General types of stakeholders, continued Residential Community The residential community is typically composed of a wide spectrum of individuals, including a mixture of: • lay people • business people • professionals The interests of the residential community stakeholders will vary. • Some may have a scientific background, many will not. • Some may have more time and interest in getting involved in community matters. • Most will have a personal or familial interest in safety and health or “quality-of-life” issues (including what they believe are the appropriate. actions that are needed in the event of an emergency/disaster) • Residents may be of many different backgrounds and cultures. • Most will be concerned about property values. Taking all these factors into consideration makes designing a risk communication program all the more challenging. Business/Commercial Community As with the residential community, the business community is typically composed of a wide spectrum of individuals. Business community interests will include: • personal safety interests • business issues (loss of revenue, business interruption, infrastructure availability, physical accessibility during or after an event, liability, property values, etc.) • protection of its employees (e.g., shelter-in-place, evacuation, respiratory protection) 9.C.b Packet Pg. 288 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 16 October 2001 3.1 Defining the Target Audience, continued General types of stakeholders, continued Industrial Community Industrial community stakeholders have interests similar to the business/commercial community. In addition, the potential for an emergency/disaster that could impact their site and amplify the emergency or precipitate other problems (an earthquake that could result in damage to chemical tanks or chemical releases that could cause adverse chemical interactions) may be a key issue to industrial community stakeholders. Your Agency Even the agency responsible for addressing and communicating risk issues may have various stakeholders in management and other divisions that may need to be part of the risk communication activities. These stakeholders may also have varying interests and technical knowledge. Other Agencies Other stakeholders (special districts, local or state government) will likely have a wide range of interests, consistent with their responsibilities to the various communities in their jurisdiction. Many of these interests may have to be addressed, but a key additional issue is a requirement to sufficiently characterize the risk, so that they can clarify their responsibilities for emergency/disaster response. The risk communicator should also realize that intra- and inter-agency politics may affect the perspective and actions of their representatives. For agency stakeholders, the risk communication program should be able to be understood by individuals with a moderate familiarity with risk issues. 9.C.b Packet Pg. 289 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 17 October 2001 3.1 Defining the Target Audience, continued Risk communication priorities The level of stakeholder interest is a driving force in the assignment of risk communication priorities. For any risk controversy, risk communication specialists often categorize stakeholders into four main groups (in order of decreasing interest level): • Activists (highly concerned people) - a subset of extremely involved individuals and groups that dominate the risk controversy • Attentives - individuals who follow the issue closely • Browsers - individuals following the issue casually • Inattentives - the largest number of individuals who are paying little or no attention to the issue Risk communication professionals must decide how to deal with these stakeholders. The following suggestions have been found to be effective in most cases: Low hazard situations • Leave the inattentives uninvolved. • Keep the browsers informed through the media. • Let the attentives watch. • Focus on interacting with the activists. High hazard situations Where attention is desired, the key challenge is getting the uninvolved to pay attention in order to protect themselves. 9.C.b Packet Pg. 290 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 18 October 2001 3.2 Pre-Incident Objectives and Information Priorities General strategy Properly identifying and understanding the objectives of all stakeholders often enhances the effectiveness of risk communication. Even the best risk communication activities can be ineffective if they: • do not address the issues • do not provide information that is of interest to the audience • are presented to the wrong audience Possible pre- incident objectives Possible pre-incident objectives of risk communication include: • Inform the community. If a risk to the community exists, the community deserves to be informed and consulted. • Seek input or feedback from the community useful to the agency. Often input from the community can help the agency make better decisions. Those who are affected by a problem bring different perspectives to the problem-solving equation. • Clarify the probability and consequences of a potential risk to provide an improved risk perspective for the stakeholder. Instill a greater degree of comfort by furnishing information about proactive preparedness. Involvement in the process and understanding risk can help the various stakeholders accept risk. If some members of the community advocate zero risk tolerance, the agency may have to clarify that a certain amount of risk is inherent and cannot be reasonably avoided. • Address an existing controversy or concern of the stakeholder. A good example of effective risk communication is getting the public to accept a controversial location for construction of a new dam. • Provide a forum for discussion. Communication is as much listening as it is speaking. Absorbing criticism, identifying problems or concerns, and letting people “blow off steam” should often be on the agency’s list of communication objectives. • Improve the stakeholder's understanding and ability to support effective emergency response. • Satisfy regulatory requirements for risk communication related to emergency events. 9.C.b Packet Pg. 291 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 19 October 2001 3.2 Pre-Incident Objectives and Information Priorities, continued Possible pre- incident objectives, continued • Warning vs. reassuring. Even an agency that is deeply committed to seeing itself as a neutral information source, must decide if it is trying to mobilize or demobilize the community. However, while fulfilling its mission, it is important for the agency to: • understand the risks • ensure that appropriate steps are taken to apply contemporary technologies to reduce the risk to a minimal level • ensure that emergency/disaster planning and resources are in-place to address/handle the risk • satisfy regulatory requirements concerning emergency events Importance of research and addressing objectives The agency should research the risk issues with the stakeholders to gather sufficient information to define the most important objectives. Understanding the objectives helps to ensure that risk communication addresses concerns important to the stakeholders. Importance of community involvement To the extent possible, involve the community in the decision-making process. Agencies typically spend considerable effort developing a risk management strategy, announcing it to the community, and then defending the strategy against the onslaught that is often a reaction to the agency's failure to involve those affected. Instead, particularly with issues that are apt to provoke controversy, the agency needs to identify the community’s role in the risk decision-making process from the beginning. Consider involving the community at the earliest stage possible. Meaningful input is easier to acquire and implement before agency staff feel committed to a particular course of action. Communities are more likely to be responsive to agency ideas when they are involved early in the decision-making process. However, a recognized paradox of community involvement is the harder you work to involve people, the less interested they are in being involved. Key reasons for involving stakeholders in your program include: • secures input from people who know something you need to know • gives people a chance to tell you what they feel you need to know • ensures that everyone is aware that they are welcome to get involved 9.C.b Packet Pg. 292 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 20 October 2001 3.2 Pre-Incident Objectives and Information Priorities, continued Intrinsic benefits of pre-incident risk communication As well as specifically addressing the above objectives, there are other intrinsic benefits resulting from the application of risk communication: • increased credibility • improved risk decision-making • fewer battles that erode public confidence and agency resources (e.g., facilitated permits, improved public meetings, less time is spent dealing with adversarial issues) • enhanced community perception of risk issues 9.C.b Packet Pg. 293 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 21 October 2001 3.3 Objectives and Information Priorities During and After an Incident General strategy In general, defining the target audience (Section 3.1) and identifying the objectives and priorities (Section 3.2) apply equally well during and after an incident. Key potential differences include: • The level of interest of all potential stakeholders is likely to be heightened. • One of the objectives will likely be “to address an existing controversy or concern.” • Instead of fielding questions such as “Can this happen?”, the emergency management professional is likely to receive questions such as “How did this happen? How can we keep this from happening again?” Possible post- incident objectives Some potentially important objectives and information priorities during and after an incident include: • retaining credibility and trust (See Section 4.4) • clarifying how the incident compares to the assessed risk • providing clear information regarding incident causes, effects, and lessons-learned (this includes agency responsibilities for having identified, assessed, or responded to the emergency/disaster) • identifying how these lessons-learned will be used to decrease the likelihood or consequences of the risk in the future Don’t over-respond to perceived concerns The agency should not underestimate the ability of community members to keep risks in perspective even after an incident. The agency should still research the issues with the community and other stakeholders (including groups that may be unhappy about how the event was handled) to ensure that the appropriate risk communication objectives are identified and addressed. After an incident, it is easy to address perceived concerns that may not accurately reflect actual stakeholder issues. 9.C.b Packet Pg. 294 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 22 October 2001 3.4 Potential Enhancements to Community Emergency Response Importance of risk communication in community emergency response Typically, the emergency response organization tends to consider the protection of the community as the responsibility of the emergency responder. It is important for the emergency response organization to plan and to have sufficient resources to address a potential emergency. However, it is important to note that, when it comes to the protection of the community, there are many things that the community can and cannot do to support a more desirable outcome of the emergency. There are specific, direct benefits of effective risk communication that result in improved community emergency response. Desirable community emergency/ disaster response actions Effective risk communication can lead to desirable community emergency response actions that include: • Contacting the appropriate municipal emergency responders An understanding of potential hazards can help the community understand the importance of quickly contacting municipal emergency responders. This may be helpful for any emergency situation by reinforcing the citizen’s role and responsibility of reporting incidents. • Remaining calm during the emergency Risk communication can provide the community with an improved understanding of potential risks. This often can turn a potential for panic into useful response actions during an emergency. • Proper application of shelter-in-place Risk communication can include shelter-in-place background information. For many types of emergencies, shelter-in-place is often the most effective community emergency response action. • Evacuation Effective risk communication can stress the usefulness of evacuation if directed by the municipal emergency response agency. In general, individuals who understand a potential risk will be motivated to be prepared to protect their families, homes, and businesses. 9.C.b Packet Pg. 295 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 23 October 2001 4.0 TRUST AND CREDIBILITY FACTORS The success of any risk communication effort is highly dependent on the history of the relationship between the stakeholders. If the history consists of a trusting and interactive relationship, the risk communication effort also has a good foundation for success. If the history consists of confrontation and distrust, the risk communication effort can be very difficult. Trust and credibility lay an important foundation for successful risk communication. Chapter content 4.1 Pre-Incident Agency Actions to Build Trust and Credibility 4.2 Agency Actions 4.3 Timing of Information Releases 4.4 Trust and Credibility Issues During and After an Incident 9.C.b Packet Pg. 296 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 24 October 2001 4.1 Pre-Incident Agency Actions to Build Trust and Credibility Importance of trust and credibility In order to facilitate a two-way exchange of information, the emergency management professional must first establish trust and credibility. People do want information, but they want understanding and empathy too. If people do not trust you or do not think that you care about their community, they will not be interested in your facts[22]. Achieving trust Trust is achieved, in large part, by being consistently competent, caring, and honest. If you communicate with honesty and fairness, your audience will often respond the same way. On the other hand, slick packaging with a veneer of honesty is easy to see through and more likely to undermine trust than to build it. Acting trustworthy is no guarantee that people will ultimately trust you. But if you fail to be credible, you will virtually guarantee community opposition in the form of both disagreement with technical information and resentment of the agency. Suggestions for building trust and credibility include: Emphasize factors that inspire trust. Trust in an agency depends, in large part, on whether the agency: • portrays competence • appears to be caring • encourages meaningful public involvement • appears honorable and honest • takes into account the "outrage factors" (Section 2.2) which influence the perception of risk Instead of pushing the public to trust them, agencies should strive toward acting consistently trustworthy. Pay attention to agency process. Community opposition focuses not only on agency action (or inaction), but also on the manner in which the agency proceeded toward that action. Whenever possible, involve affected communities in determining your action. Explain organizational procedures. Communities need to understand that internal processes dealing with risk and safety issues operate in some logical manner. 9.C.b Packet Pg. 297 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 25 October 2001 4.1 Pre-Incident Agency Actions to Build Trust and Credibility, continued Achieving trust, continued Be forthcoming with information and involve the community from the outset. If you fail to disclose information or involve the public early, the community is apt to mistrust the agency. The agency will then be put on the defensive. Focus on building trust as well as generating good technical information. A person’s judgment of risk is seldom based solely on scientific information, but rather on a combination of the data, his/her perception of the risk based on other variables, and his/her feelings about the agency. Provide information that meets people's needs. It is critical to identify key stakeholders and query their interests (via formal surveys, in response cards, in dialog at the start of meetings). In addition to queries to known stakeholders, anticipate what the community wants to know and what they will need to know even if they do not ask for it. Take some time to develop a list of problems, issues, and needs the community might have and prepare responses that address them. Keep in mind that different organizations and types of people will have different information needs. Get the facts straight and avoid mixed messages. Risk issues are sufficiently confusing that any potential inconsistencies can negatively impact the risk communication process. Although agency representatives work hard to provide accurate information, sometimes facts get jumbled or key information is left out which may make people feel misled. Try to spot areas in advance where confusion might occur and make an extra effort to be clear. If the effort fails, correct the misimpression as quickly as possible. Only make promises you are sure you can keep. It is often tempting to make unrealistic promises when pressed by the community, or to promise something you genuinely expect to deliver, only to find out later you can not. Consider explaining the goals and the process(es) needed to accomplish the goals rather than promising firm dates. To facilitate this, take notes at public meetings regarding commitments and send out written descriptions of the actions taken to make the promises happen. Providing regular progress reports can be very helpful. If you find you cannot follow through on a promise you have made, explain fully as soon as possible rather than hoping people will forget because they probably won't. Follow through. Whenever you make a commitment always follow through. You may forget, but those you made the promises to usually will not. Make every effort to get back to people to ensure your promises are becoming reality. 9.C.b Packet Pg. 298 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 26 October 2001 4.1 Pre-Incident Agency Actions to Build Trust and Credibility, continued Achieving trust, continued Coordinate information within your organization and with other responsible groups. Lack of coordination creates confusion and an impression of organizational ineptness. When groups have honest differences, acknowledge them. Meeting and working with other affected agencies, municipal emergency response groups, and those officials who assist with coordination of emergency risk issues and community concerns can be very effective in coordinating the risk message and broadening the platform of trust with the community. Listen to what various community groups are telling you. Try to foster mutual respect and consideration with all stakeholders when dealing with an issue. Avoid offending any community group, including activists. Agencies tend to overestimate the power of activist groups. While these groups rarely create the initial outrage, they may (and frequently do) nurture existing outrage. Work together with organizations that have credibility in communities. Groups that have local credibility can be involved in helping to explain risks. However, this approach cannot replace forthrightness or more extensive community involvement. The following individuals, or organizations are usually credible in a community: • Firefighters • Law enforcement/public safety • Medical Professionals • Scientists/University Professors • Environmental Groups • Facility Non-Management Employees • Private non-profit • Industry/business • Government agencies Consider working with critics. By working closely with those organizations looking to find fault with your agency, you can make sure you are addressing their major concerns. When a critic says you’re doing it right, it adds a great deal of credibility to your effort. Neutral third parties help a little; moderate opponents help more; and extreme opponents help the most in this approach. Avoid "closed" meetings. Most meetings held by a state or local government agency are open to the public. Private meetings are likely to cause distrust and should be avoided. 9.C.b Packet Pg. 299 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 27 October 2001 4.1 Pre-Incident Agency Actions to Build Trust and Credibility, continued Dealing with low trust situations If you are dealing with a situation in which trust is already low, consider taking the following steps: • Try to reduce the reasons for distrust by sharing information and involving the public in developing solutions. • Indicate what steps you plan to take to prevent the trust-eroding actions from happening again: "In order to make sure you get information as quickly as possible, I am going to send bi-weekly updates about the status of the situation.” • Ask those who distrust you what they feel would make them more likely to trust you. To the extent possible, implement their suggestions. • Respond on a personal level, when appropriate. • Be patient. Do not expect all the people to trust you all the time, even if you feel you are totally trustworthy. • If mistrust exists, it helps to acknowledge its validity and its source. Because it may take a lot of effort to recoup trust, expect to go out of your way for people. If you are the person who aroused the distrust, acknowledge your mistakes. Maintaining trust The following issues should be considered when maintaining an atmosphere of trust: • Trust is usually not difficult to maintain when initially warning people. However, reassurances later are not as easily believed. • Trust is greatly damaged if the agency has to amend its risk or damage estimates in the “more-serious-than-we-thought” direction, but only modestly damaged when amending it in the “less-serious-than-we- thought” direction. Therefore, make sure that early risk estimates do not turn out to have been excessively reassuring. • Trust relies on transparency, not mere honesty. It is not enough that everything you say is true. The standard is that everything that is true, you say. Sometimes, trust may be an unachievable goal. Therefore, agencies should aim for accountability instead of trust. This may involve arranging for critical stakeholders to be actively involved in all activities prior to, during and after an incident. 9.C.b Packet Pg. 300 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 28 October 2001 4.2 Agency Actions Contrasting agency trust and credibility actions The previous section identified state and local agency actions to build trust and credibility. The majority of these actions apply equally well to private companies that may be involved in an emergency situation. There is merit to having all those involved, private companies, state and local agencies, emergency responders, and critics, located at the same spot to provide consistent information to the community. However, during press conferences, it is very important to carefully preserve the difference in roles. Build a lasting and trusting relationship with your community Risk management and communication issues are a reality and must be dealt with by state and local government agencies. Thus, the prudent approach for all agencies is to build lasting and trusting relationships with their communities through frequent interaction. People react more favorably to someone they have previously seen and/or talked to personally, rather than a stranger, especially during an incident. Provide an opportunity for non-management staff to play a key role in risk communication Having non-management staff actively involved in the risk communication program[23] can have potential benefits including: • improves implementation of the risk management process • generates feedback that provides valuable insights into risk communication messages before presenting to the community • allows staff to become ambassadors to the community 9.C.b Packet Pg. 301 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 29 October 2001 4.3 Timing of Information Releases Importance of timing and agency perspective Perhaps no other aspect of risk communication is so closely related to the state and local government credibility as its decision about when to share information with the community. Government agencies sometimes fear that releasing information early may lead to undue alarm or lead to disclosure of incorrect or misinterpreted data. Therefore, they may hold onto information while developing risk management options rather than enlisting concerns and ideas from the community. Community perspective Sometimes what agencies view as responsible caution, communities see as a cover-up or as bureaucratic inflexibility. When there is a potential danger to public health or safety, communities find it difficult to accept any justification for withholding information. Community anger over the agency’s process may block the possibility for establishing a constructive dialogue regarding the risk itself. As previously noted, waiting to release information until the agency has made its management choices reduces the chance for community participation in the risk management process and thereby lessens the chance of developing a solution that is acceptable to both the agency and the community. Guidance for the timing of information releases The following suggestions provide guidance about deciding when to communicate with the community and steps to take if you decide to delay release of information: • If people are at risk, do not wait to communicate (and to act on) the available risk information. If a hazard is putting people at immediate risk, the agency should follow its mandate to protect the health and safety of the public without hesitation. • If the agency is investigating a potential risk that people are not aware of, consider making known what you are doing and why. When an agency announces findings from an investigation the public did not know had taken place, the agency is forced to defend its delay in announcing the investigation and to justify why people may have been exposed to a risk longer than necessary. As a result of its anger over not being told, the community is more likely to overestimate the risk and far less likely to trust any recommendations that the agency makes concerning the risk itself. 9.C.b Packet Pg. 302 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 30 October 2001 4.3 Timing of Information Releases, continued Guidance for the timing of information releases, continued • If it seems likely that the media or someone else may release the information before you are ready, release it yourself. When information is leaked, agencies lose the ability to shape the issues. Instead they become engaged in playing “catch up" at the expense of their credibility and the accurate portrayal of information. • If it is likely that the media will "fill in" the missing facts with information for an on-going story while they are waiting for you to speak, speak first. When you wait to communicate about an issue that has already made the news, the press will shape the issue without consulting you. This could cause you to spend more time defending your views and your credibility. • If you do not yet have a high degree of confidence in the results, talk to the community about your procedures, but don't release the results. Do not release poor or confusing information. However, be up-front and tell the community the current status and when they will be able to get some results. • If initial investigations do show a problem (and you are fairly confident of the results), release the results, but explain that they are preliminary. If you are fairly confident that the initial information identifies a problem, then holding onto the results for any length of time is likely to be considered unconscionable. This will leave the agency vulnerable to charges of cover-up later on and risks creating a great deal of anger. • Before deciding to wait to communicate (especially if the news is bad), consider the effect on the credibility of the agency representative dealing with the community. Because credibility can be a scarce commodity and difficult to build, you may want to make it a major variable in deciding when to release information. In particular, take into account the effect of your decision on the staff who deal with the community. • Release information while the risk management options are tentative. If not consulted during the decision-making process, people are likely to resent decisions that affect their lives. Consider, instead, giving people risk management options, not decisions, when you release the data. Then work with them to develop risk management decisions. 9.C.b Packet Pg. 303 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 31 October 2001 4.3 Timing of Information Releases, continued Guidance for the timing of information releases, continued • If you feel the information will not make sense unless it is released with other relevant information that is not currently available, wait to release it all at once. If piecemeal release of information would seriously disrupt the agency's program or the community's understanding, then consider delay. But take a hard look at whether explanations really need to wait or just need to be handled better. If you wait, be sure you are clear about your reasons for the delay and explain when the information will be available. • If you wait until the results are quality-assured to release them, use the time (and the preliminary results) to develop management options and advise the community on interim actions. While the agency may choose not to release the results until the evaluation is complete, the preliminary results can still be used to guide discussions about the risk and possible mitigation efforts. • If you are waiting to communicate results or information for some other reason, do not say you are waiting for the “evaluation to undergo quality assurance”. Use this rationale only when it is the real reason. Agencies lose credibility when they tell half-truths or remain silent and let others fill in the information gaps (often incorrectly). If you need to delay the release of information, it is generally better to be forthright. • Avoid saying “No comment”. Instead, use the phrases “I’m not sure” or “I don’t know”. Never be afraid to say that you do not have all the answers. But, assure the audience that you will get the information to them as soon as possible. 9.C.b Packet Pg. 304 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 32 October 2001 4.4 Trust and Credibility Issues During and After an Incident General principles The underlying principles for building trust and credibility prior to an incident also apply during and after an emergency event. Risk communication during an incident To provide important safety information and to minimize the potential for backlash, key actions to consider using during an incident include: • Maintain open channels of communication. • Provide critical information promptly. During an event, if there is a potential danger to the community, this should be reported along with identifying any emergency response actions that should be taken by the community (boil water, shelter-in-place, evacuation). Once the potential danger has been abated, this should also be promptly communicated. • Ensure the public receives a clear message that the emergency responders are taking appropriate actions to mitigate the event. Risk communication after an incident Key actions to consider implementing after an incident include: • Provide resource(s) for the public to secure additional information through a website email address, a ”community hotline” or the administrative offices. • Take appropriate steps to promptly investigate the cause(s) of the event. • Ensure the public receives a clear message explaining that incident investigations were performed and appropriate actions were identified for implementation. • Provide appropriate follow-up information and follow through with any commitments to the community. 9.C.b Packet Pg. 305 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 33 October 2001 5.0 EFFECTIVE VEHICLES FOR RISK COMMUNICATION The risk communication effort is a continuous, dynamic process that must be nurtured and maintained. Effective and proactive risk communication programs not only provide the community with useful hazard assessment and emergency response information, but also lead to improved safety and risk management programs. The purpose of this section is to review the effectiveness of several common vehicles for risk communication and to provide some guidance for selection. Section 7.2 contains information regarding suggested communication resources and the level and quantity of technical information to provide to the public. Chapter contents 5.1 Effective Pre-Incident Risk Communication Vehicles Table 5-1: Risk Communication Vehicles 5.2 Defining Effective Risk Communication Vehicles During and After Incidents 9.C.b Packet Pg. 306 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 34 October 2001 5.1 Effective Pre-Incident Risk Communication Vehicles Pamphlets/Flyers Pamphlets and flyers are cost-effective and appropriate for short-term, one-message communication efforts that cover one aspect of the risk communication process. Because they are short, they attract those individuals who are discouraged by lengthy informational materials. The following key points should be considered when developing pamphlets and flyers for risk communication: • Focus these short communication tools on meeting specific needs. By nature, they have limited space. Consider focusing each pamphlet/flyer on one subject. Community information needs will determine which subjects should be addressed. • Make pamphlets and flyers self-contained. They should be designed to pick up, carry away, and read quickly. Although information on who to contact and ways to get additional information should be part of the message, the community should need nothing more than the pamphlet/flyer to understand the risk communication message. • Distribute pamphlets and flyers where your audience lives. A direct mail approach is workable, but do not overlook the power of placing packets in locations where your audience is likely to pick them up and read them. Medical offices, libraries, local businesses, community centers, local chambers of commerce, or even utility offices are places where your audience may be able to see your message. It is worth noting that the preparation of multilingual materials may be useful, or even necessary. 9.C.b Packet Pg. 307 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 35 October 2001 5.1 Effective Pre-Incident Risk Communication Vehicles, continued Newsletters Newsletters are effective for delivering information on long-term projects to a relatively stable audience interested in the project/risk being described. Each issue of a newsletter can consist of a series of articles about a specific risk issue. While the exact content of a newsletter will depend on the audience and the nature of the risk, some general rules apply: • Allow time in your schedule for necessary approvals. Because a newsletter often serves as a reflection of the organization over a long period of time, this form of risk communication often requires a number of approvals before the first issue can be published, and sometimes for subsequent issues. • Develop and maintain mailing lists. Include as many members of your audience as possible in your distribution. In each issue include a form/coupon for requesting to be added to or removed from the newsletter distribution. Maintain an accurate mailing list by updating names and addresses at least quarterly. If your audience is already hostile, spelling names wrong, sending information to the wrong address, or forgetting some members entirely, certainly will not help. To broaden distribution, consider electronic mailing of the newsletter and maintaining an accurate electronic mailing list. • Avoid the use of acronyms and abbreviations. • Use compelling headlines and graphics to encourage reading of the newsletter. Like newspapers, newsletters are seldom read straight through from front to back. The reader will usually pick stories and headlines of interest. • Provide your audience with a consistently high quality newsletter. One of the advantages of using newsletters is that subsequent issues will be sent to the same audience. Use the same words to describe the same place or situation. For consensus communication efforts involving a decision process, show readers the process each time with the current stage highlighted. Also, watch the content. If an issue mentions the installation of a community alert siren in April, do not forget to follow-up in April with an article on the start-up. Lack of consistency can lead to lack of credibility for the entire effort. 9.C.b Packet Pg. 308 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 36 October 2001 5.1 Effective Pre-Incident Risk Communication Vehicles, continued Internet The Internet has become an unparalleled resource for disseminating information on a global level. Although there can be negative ramifications in making risk information about a particular emergency widely accessible, it can be a powerful tool, if properly used. This medium is not only inexpensive to produce with nearly free distribution, but the quality and options for color, graphics, and animation rank its potential as a risk communication tool as highly effective. This medium also allows for the audience to select risk topics of interest and to provide direct feedback to the risk communicator. This communication vehicle is also very friendly to the environment (practically no resources are used or waste produced). Several significant drawbacks limit application of the Internet as a risk communication medium: • Busy individuals may need another mechanism to trigger their attention and to get them to participate in the risk communication process. • The audience is limited to those who have invested money and time to be able to access the Internet. Although a significant number of people have the tools for accessing the Internet available to them and know how to use it, it is likely that does not represent the entirety of your risk communication audience. • A major concern regarding the dissemination of worst-case scenario data on the Internet is the potential for misuse of this information. Regarding risk communication issues, there may be merit to having a website that also links to critics to the extent practical. The objective should be for the Internet site to be the best site for finding information on all sides and all concerns related to the risk issue. It is also the best forum for adding the agency’s own position or concerns. If the agency website is sufficiently broad, the opposing site becomes redundant. 9.C.b Packet Pg. 309 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 37 October 2001 5.1 Effective Pre-Incident Risk Communication Vehicles, continued Public forums Public forums can be very effective mechanisms for communicating risk issues; however, there is questionable value in conducting large-scale public meetings as a way to engage the community in constructive dialogue. Large public meetings may lead to posturing on both sides rather than to problem-solving or meaningful dialogue. When appropriate, develop alternatives to public hearings, such as smaller, more informal meetings. Instead of waiting until a formal meeting is necessary, consider other options for exchanging information such as drop-in hours at the local library for questions, newsletters, telephone hot lines, e-mail, information booths, advisory committees, etc. Most importantly, attempt to hold informal meetings with interested parties and maintain contact on a routine basis. The more controversial the issue, the wiser it is to meet with the affected groups frequently, separately, and informally. • If you cannot avoid a large public meeting, the logistics should be developed so that both the agency and the community are treated fairly. Structure the meeting so people do not get upset by having to wait a long time to speak. • Consider breaking larger groups into smaller ones. This approach can be helpful for question and answer sessions or discussion groups. • Be clear about the goals for the meeting. If you cannot adequately fulfill a citizen request for a meeting, propose alternatives. Come prepared so that you can attain the goals of the meeting and meet citizen concerns. If you do not know or cannot address those concerns, meet informally to discuss community needs and then develop a meaningful process to address those needs. • In certain situations one-on-one communication is more effective. Researching and understanding the stakeholder is critical. Often the emergency management professional is faced with a situation where there may be long-standing embitterment and lack of trust by stakeholders. Research will reveal this type of situation and allow for proper preparation before meeting with the stakeholders. 9.C.b Packet Pg. 310 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 38 October 2001 5.1 Effective Pre-Incident Communication Vehicles, continued This table lists a wide spectrum of risk communication vehicles: Table 5-1 Risk Communication Vehicles[13] Written or Audio-Visual Materials • Pamphlets • Letters • Postcards • Newsletters • Periodic updates • Displays • Fact sheets • Flyers • Door-hangers • Educational materials • Question and answer sheets • Placards in mass transit • Videos • Slide shows • Audio tapes • Articles in organization’s newsletters • Inserts in mass mailings • Polls Person-to-Person • Presentations at meetings • Drop-in or availability sessions • Public hearings/meetings • Informal meetings • “Open” work meetings • Workshops • Advisory committees • Special events • Conferences • Courses • Door-to-door • Brainstorming • Suggestion boxes • Telephone/conference calls Mass Media • News conferences • News releases • Letters to the editor • Talk shows • Call-in shows • Internet • Feature articles • Press briefings • Public service announcements • Advertisements in newspapers • Legal notices 9.C.b Packet Pg. 311 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 39 October 2001 5.2 Defining Effective Risk Communication Vehicles During and After Incidents Contrast with pre- incident risk communication activities In general, the risk communication vehicles discussed in Section 5.1 (pamphlets, flyers, newsletters, internet, and public forums) apply here. If an incident occurred that did not impact, or was not noticed by, the public, the same techniques apply. If an incident was noticed by the public or impacted the public, the key differences are: • Time is of the essence in providing information to the community. • Several other communication media will be readily available, but not necessarily controllable, like newspapers, radio, television, technical journals. • Community interest will most likely not have to be encouraged. Big meetings are likely to be important and unavoidable during and after incidents. Public meetings may be necessary for efficiency in reaching many people at once, for urgency when people need to know what to do in mid-crisis, and for providing additional help in transitioning into the recovery stage. Community paradigm A key perspective that must be considered during and after an incident is that the community will gauge the success of the incident investigation efforts and control of causal factors by how much information is communicated. Timing of information releases Good timing of the release of information is critical to maintaining credibility and the trust of the community. Section 4.3 discusses “timing of information releases,” and also identifies many reasons why information should be released early. Section 4.4 discusses “trust and credibility issues during and after an incident.” 9.C.b Packet Pg. 312 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 40 October 2001 5.2 Defining Effective Risk Communication Vehicles During and After Incidents, continued Effective risk communication activities during an incident During the incident, consider doing the following (to the extent that it does not detract from emergency response efforts): • If there is a high degree of uncertainty, focus the risk communication efforts on what is being done to control the emergency. Keep communication channels open and provide additional facts as they become available. The general posture should be focused more on managing the hazard than communication. Warning people at risk takes precedence over reassuring people who are upset. Key topics of potential interest to the public include o Who will be impacted? o What are the health and environmental impacts? o What exactly is happening? o What is the agency doing about it? o What should the public do? o How prepared was the agency to deal with the emergency? • Contact news media to announce the event and begin to provide them with information. If you take the first step, and are seen by the news media as a useful and reliable source for helping them get their job done, they will not be inclined to seek less accurate information elsewhere. This task is more challenging if an ongoing relationship with news media wanot previously established. An additional impetus for cooperating with the news media is that if they feel you are hiding something, that feeling will be conveyed to the public. Local and regional newspapers, radio, and television are key outlets for disseminating information to the public. • If there is uncertainty with respect to the chronology of the event or cause, release information that is properly identified as preliminary, but states that the agency will provide additional facts as soon as they are available. • Consider implementing the following key actions: o maintain open channels of communication o provide critical information promptly o ensure that the public receives a clear message that the emergency responders are taking appropriate actions to mitigate the event • Never go “off-the-record” 9.C.b Packet Pg. 313 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 41 October 2001 5.2 Defining Effective Risk Communication Vehicles During and After Incidents, continued Effective risk communication activities after an incident After an incident, consider implementing the following actions: • Ensure that any preliminary information provided during the course of the incident is verified, clarified, or modified, as necessary, so that future references to the incident will have factual information. • Follow-up with the media to verify key information and to provide a close-out process for the event. • Be honest and candid with the public regarding incident events, potential public impacts, and follow-up investigation corrective actions. • Consider implementing the following key actions: o provide a resource for the public to contact to secure additional information o provide appropriate follow-up information and follow through with any commitments to the community After an incident, it has been found that if the agency is defensive about its actions, the stakeholders will be critical. However, if the agency is self-critical, then the stakeholders will be forgiving. Therefore, it may be more helpful to point out what was done wrong, and then let the public note how much the agency did right. When communicating these “lessons learned”, ensure that broader lessons, in addition to the lessons directly relevant to the particular incident, are brought out. This is a common oversight. 9.C.b Packet Pg. 314 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 42 October 2001 6.0 EFFECTIVE COMMUNICATION STRATEGIES IN PUBLIC FORUMS A public forum can be an effective, and often necessary, method of communicating “high profile” risk issues. Ensuring that the appropriate risk communication strategies are applied is critical. Chapter content 6.1 Understanding the Risk Communication Needs of Different Audiences 6.2 Dealing with Values and Feelings 6.3 Responding Personally 6.4 Other Communication Strategies 9.C.b Packet Pg. 315 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 43 October 2001 6.1 Understanding the Risk Communication Needs of Different Audiences Importance of identifying the needs of the stakeholders Identify and respond to the needs of different audiences. Although the term “community” is used throughout this guide, in fact there are many communities or stakeholders, each affected differently by an issue. Depending on the issue, the emergency management professional may need to communicate with: • industry representatives • civic organizations • sporting or recreational associations • local government agencies and elected officials • local businesses • property owners • realtors • professional organizations • non-profit organizations General strategies Identify key stakeholders who are affected by the situation at the beginning and meet with them informally. This involves a networking process that should include the following steps: • make a list of the aspects of the issue and types of organizations that might be interested • contact groups with which you are familiar • ask those groups for the names of others and then contact them as well • continue to expand the range of constituencies to ensure that you have consulted all those affected Recognize the strengths and weaknesses of citizen advisory groups. Citizen advisory groups can be a good resource of public input by: • involving people in meaningful ways • representing the affected public Define the role of the group from the outset. Make it very clear what is expected from the participants and what the process will be for accepting or rejecting their suggestions. Make it understood that their suggestions will be considered, but not always accepted. Treat all groups equally and fairly. Do not give any group information that you refuse to give another. Don't play one group against another. This type of treatment will invariably create an atmosphere of distrust and cause more problems during an actual event. 9.C.b Packet Pg. 316 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 44 October 2001 6.2 Dealing with Values and Feelings Contrasting the perspectives of agencies vs. the community Emergency management professionals, who are chartered to make balanced decisions that involve emergency response and safety and health issues, may become de-sensitized to how people feel about a particular emergency situation. People within communities, on the other hand, focus on how a particular situation may affect their lives. Technical personnel tend to focus more on data than on feelings. Agencies would like communities to pay more attention to the technical issues. The community would like agencies to listen to their concerns. By listening to the community’s values and feelings and taking the first step to neutralize outrage, agencies may help the community become more receptive to technical information. Ways to address values and feelings • Recognize that people's values and feelings are a legitimate aspect of public health and safety issues, and that such concerns may convey valuable information. Feelings are not “right” or “wrong.” However, they are an important consideration, because they may contain valuable information about: o what is important to people o technical aspects of the problem, such as emergency response logistics o creative approaches to solving the problem • Provide a forum for people to air their feelings. People will become more frustrated when an agency squelches their attempts to communicate. Provide mechanisms for them to express their feelings, such as telephone hotlines, e-mail, small meetings, and one-on-one communication. • Listen to people when they express their values and feelings. In order to establish two-way communication, you need to show that you are listening to people’s concerns. If people believe that their values and feelings are being ignored, their anger and outrage can keep them from paying attention to anything you have to say.[22] Section 6.4 summarizes key “active listening” skills. 9.C.b Packet Pg. 317 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 45 October 2001 6.2 Dealing with Values and Feelings, continued Ways to address values and feelings, continued • Acknowledge people's feelings about an issue. Try restating what people have said so that they know you have heard them[22]: o “I think you have a right to be concerned …” o “Looking at this issue from your point of view, I think I can understand why you asked about …” • When people are speaking emotionally, respond to their emotions. Do not merely respond with data. Do not use scientific data in an attempt to refute feelings or concerns. Instead, acknowledge their feelings and respond to their concerns in addition to providing relevant information. • Show respect by developing a system that responds promptly to calls from community members. Put answering calls from the community toward the top of the priority list and develop mechanisms for your program to handle them efficiently. • Recognize and be honest about the values incorporated in agency decisions. Communities sense when there is more going on than science, and the agency loses credibility unless it acknowledges those issues. • Acknowledge agency politics and dissension. This is very difficult to persuade management to do; however, it is very clear that agencies gain far more than they lose when they acknowledge what everyone already knows anyway. Possible impact of the personal perspectives of the risk communicator Be aware of your own values and feelings about an issue and the effect they have on you. Emergency management professionals also become vested in positions or feel strongly about issues. Recognize when your own feelings cause you to resist modifications to a project or to react strongly to a community group. 9.C.b Packet Pg. 318 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 46 October 2001 6.2 Dealing with Values and Feelings, continued Deal proactively with values and feelings Three good reasons for an agency to deal proactively with values and feelings are: • Taking community concerns into account improves the agency's ability to safeguard public health and safety. Ignoring such concerns can: o lead to stress on the part of the community o ultimately undermine the agency's ability to implement risk management decisions • Communities often provide valuable insight into problems and creative approaches to solutions. Public response to risk is not always related to the technical aspects, but involves values and feelings. In many cases, agency risk management decisions are also based on values, not merely technical factors. In many cases, if you do not involve the public, the subsequent outrage may lead to less logical risk management decisions. • Although involving the public in decision making can be labor- intensive, it can be far more efficient than the alternative. Some actions suggested in this guide seem like they would take extra time and money to address, which is not always the case. Generally if the public is involved in the decision, they are more likely to be more cooperative and more accepting of the final decision. As a result, it usually takes no more time to listen to people's feelings than it does to argue with them if they oppose the decision. Effective non-verbal communication Empathetic words will be effective only if your tone of voice, body language, and demeanor reinforce what you are saying. The following points are adapted from Reference 22: • Do maintain eye contact. • Do maintain an “open,” non-defensive posture. • Do not retreat behind physical barriers such as podiums or tables. • Do not frown or show anger or disbelief through facial expression. • Do not dress in a way that emphasizes the differences between you and your audience. 9.C.b Packet Pg. 319 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 47 October 2001 6.3 Responding Personally Importance of responding personally Prepare responses to personal questions about risk. Agencies are typically focused on public health and safety, but individuals are usually most interested in how an emergency issue specifically affects them and their families. Anticipate and prepare honest responses to personal questions, including those asking you what you would do in a similar situation: "Would you live near this hazard?" Personal responses are particularly important when the situation is not clear-cut and people need some context for their own decisions. General strategies • When you speak at a public meeting, tell people who you are, what your background is, and why you are there. Give people a sense of why you are qualified to discuss a topic and what you can and cannot do for them. • Let people see you are human. People will treat you as a person if you act like one. If you act like a bureaucrat, you will be treated accordingly. It is often appropriate to express values, feelings, compassion, and concern - “My heart goes out to you. I can’t imagine how awful it must have been for you.” Risk communicators who work hard not to seem human have no one to blame but themselves when they are treated as if they were not. • When speaking personally, put your views into the context of your own values, and urge your audience to do the same. • If your personal position does not agree with agency policy, do not misrepresent yourself or mislead the community. Instead, try modifying the agency position, have the task reassigned, or find a way of acknowledging the lack of consensus within the agency. Misrepresenting the situation or dodging questions about your position will obviously reduce your and the agency's credibility. 9.C.b Packet Pg. 320 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 48 October 2001 6.3 Responding Personally, continued General strategies, continued • People are accustomed to assimilating information by the sharing of experiences. “Storytelling” can be a very effective mechanism for risk communication that can have a strong personal content. The following points were adopted from Reference 22: o When possible, use dramatized accounts describing individuals making decisions about risk. o Personalize your discussions of risk by describing your own experiences. o Use clear, vivid examples that can be easily understood. o Sources for stories can include conversations with family or friends, educational or life experiences, and professional experiences. 9.C.b Packet Pg. 321 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 49 October 2001 6.4 Other Communication Strategies Active listening Active listening - the process of paraphrasing both the intended meaning and the feeling of the sender's message, letting the sender know that both the intended meaning and the feeling of his message have been understood and accepted.[31] Active listening may be very important to the successful outcome of any public forum. If you are a good listener, you will notice that others are drawn to you. Listening is a commitment to understanding how other people feel and how they see their world. Active listening says, “I care about what is happening to you. Your life and experience are important.” Effective listening requires a number of simultaneous activities[30]: • paraphrasing • clarifying • encouraging • reflecting • summarizing • being open/non-judgmental Emphasizing your conclusions The most important part of your message is clearly communicating your conclusions. Conclusions should be briefly stated at the beginning of the presentation and also emphasized at the end. The following key points are adopted from Reference 22: • The concluding statement should address the audience’s underlying concern and also represent or reinforce the main message of the presentation. • Remember that the conclusion’s purpose is not to provide every piece of information you have, but to facilitate the audience’s understanding. • Link to the central point for emphasis. • The conclusion should be concise and focused. • Be “positive.” Avoid negative words. • Reaffirm the commitment to the community. Note that angry stakeholders may not be receptive to replacing their accusations with euphemisms and your insistance that your agency cares deeply about their welfare. • Set the conclusion apart through gestures or voice tone. 9.C.b Packet Pg. 322 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 50 October 2001 6.4 OTHER COMMUNICATION STRATEGIES, continued Often misunderstood behaviors The following summary of often misunderstood behaviors is adopted from Reference 30: • appearing “too chummy” with the other side • smiling and laughter - it may be nervousness on your part, but it could be interpreted as “uncaring” at best, and belittling at worst • glib statements such as: o “It might make you puke, but it won’t hurt you.” o “There’s a greater chance of a meteor hitting you than you being hurt by our process!” • technical vocabulary, even if accurate, may alienate • wearing your expertise on your sleeve - there is a difference between confidence and arrogance. • being “too sure” that you are right - there is a difference between being “right” and being “effective.” 9.C.b Packet Pg. 323 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 51 October 2001 7.0 RESOURCES FOR EFFECTIVE PUBLIC FORUM RISK COMMUNICATION When directly interacting with the community, having the proper resources available can make the difference between success and failure. Chapter contents 7.1 Choosing the Right Representatives 7.2 Developing the Message Table 7-1, Risk Management Checklist 7.3 Effective Communications 7.4 Other Considerations 9.C.b Packet Pg. 324 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 52 October 2001 7.1 Choosing the Right Representatives Key issue The person you choose to represent your agency can be responsible for the public's first impression of the entire agency. If the representative seems understanding and responsive, the impression created for the agency can be very positive. If the person speaking for the agency seems cold, unsympathetic, or defensive, this will also reflect on the agency. Function of field staff Use field staff to relay community concerns within the agency. Instead of acting as buffers, agency field staff should be proactive in identifying potential community concerns and make these concerns heard within the agency before the agency hears about it from the community or the media. Desired characteristics of representatives Carefully choose representatives of the agency, and provide appropriate support (time, training, resources). People who cannot cope with communication tasks should not be required to do so. • Technically qualified people should have a major role in communicating with the public about risk. Communities usually want to talk to people who are directly involved in decision-making for safety and health issues. • Make sure that representatives are appropriate to the situation. Send people who have the expertise and authority to respond to the community’s concerns. • For effective communication of emergency risks in a public forum, it is usually important that representatives can effectively address at least the following key elements: o Technical - At least one representative at a public forum should have sufficient technical knowledge and background to adequately address community concerns. Inability to properly address the technical issues can short-circuit any positive objectives that the agency would have hoped to gain as a result of the public forum. At a minimum, insufficient technical support reflects poorly on the knowledge and capabilities of the agency and may cause the agency to appear to be incompetent. In addition, it may also convey the message that the agency does not take the potential emergency issue seriously. All technical representatives should have some communication skills. It is important that the right technical representative be available. It may be unwise to send an engineer to talk about health-risk issues. 9.C.b Packet Pg. 325 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 53 October 2001 7.1 Choosing the Right Representatives, continued Desired characteristics of representatives, continued o Communication - Although adequate technical support is paramount and technical representatives should receive at least minimal risk communication training, it is unusual to find individuals with strong technical skills who are also exceptional communicators. For most public forums, the presence of a risk communication professional with an understanding of the community’s concerns is an asset for better addressing light technical and personal issues. Any participating technical experts must be able to communicate their messages in terms the audience can understand. o Authority - During public forums, the community is often interested in what can and will be done to address the potential emergency concern. This must be addressed authoritatively, and at least one representative should have a clear understanding of what the agency can commit to doing about the issue. Each public forum risk communication challenge (as well as the capabilities of individual representatives) is unique, and the appropriate selection of one or more representatives to provide adequate coverage of the above elements is critical. • If possible, use the same agency representative throughout the life of the issue. Trust takes time to build. It is also important that the agency representative have a good grasp of the history behind the issues. A change in representative may result in a loss of momentum because you may have to re-establish trust and/or you may have to play “catch-up” until the new representative is familiar with the community’s concerns. • In some situations a non-agency representative may be more useful than someone from inside the agency. Consider using academic experts, local community people, and representatives of civic organizations to present information. This needs to be done with care so that such groups are not perceived as "agency fronts". 9.C.b Packet Pg. 326 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 54 October 2001 7.1 Choosing the Right Representatives, continued Primary and back-up technical resources Although the above mix of skills is important, ensure that sufficient technical resources (back-up technical data and individuals) are provided to address the community’s interests adequately. If all the information is not readily available, it is fair to provide some follow-up information to the community (reliable follow-up is critical - see Section 4.1). However, the agency should be prepared to answer all questions and address all foreseeable issues. At a public forum, it is better to err on the side of having too much information available in the form of additional technical experts or back-up technical data. Having additional information available to answer specific issues brought up by the community shows forethought and that the agency is properly concerned with the health and safety of the community. Having additional technical experts available as resources provides a positive indication that the agency takes the health and safety as well as the issues raised by the community, seriously. 9.C.b Packet Pg. 327 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 55 October 2001 7.2 Developing the Message General information Choosing the right representatives to get your message across is very important. However, if the message is not well developed, then it does not matter who presents it. The following Risk Message Checklist will help you develop an effective presentation. "If we have not gotten our message across, then we ought to assume that the fault is not with our receivers." Baruch Fischhoff Department of Engineering and Public Policy Carnegie-Mellon University 1985 9.C.b Packet Pg. 328 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 56 October 2001 Risk Message Checklist (National Research Council, 1989) Information about the nature of risks 1. What are the hazards of concern? 2. What is the probability of exposure to each hazard? 3. What is the distribution of exposure? 4. What is the probability of each type of harm from a given exposure to each hazard? 5. What are the sensitivities of different populations to each hazard? 6. How do exposures to this hazard interact with exposures to other hazards? 7. What are the characteristics of the hazard? 8. What is the total population at risk? Information about the nature of benefits 1. What are the benefits associated with the hazard? 2. What is the probability that the projected benefit will actually follow the activity in question? 3. What are the qualities of the benefits? 4. Who benefits and in what ways? 5. How many people benefit and how long do the benefits last? 6. Which groups get a disproportionate share of the benefits? 7. What is the total benefit? Information on alternatives 1. What are the alternatives to mitigating the hazard in question? 2. What is the effectiveness of each alternative? 3. What are the risks and benefits of alternative actions and of not acting? 4. What are the costs and benefits of each alternative and how are they distributed? Uncertainties in knowledge about risks 1. What data was used to develop the estimates? 2. What are the weaknesses of available data? 3. What are the assumptions on which estimates are based? 4. How sensitive are the estimates to changes in assumptions? 5. How sensitive is the decision to changes in the estimate? 6. What other risk and risk control assessments have been made, and why are they different from those being offered? Information management 1. Who is responsible for making the decision? 2. Which issues have legal importance? 3. What constrains the decision? 4. What resources are available? 9.C.b Packet Pg. 329 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 57 October 2001 7.3 Effective Communications General strategies So far you have determined who should say what. The next step is to decide how that information is presented. Professional communication media are critical. However, effective communication media for public forums do not necessarily mean expensive, extravagant, or flashy. If the presentation is too extravagant, it can relay a negative impression that the emergency management professional is trying to sell the community on the issue. The community’s level of interest is already reflected by their attendance. They have prpbablt also brought specific questions or a need to be appraised about risk and safety issues. Therefore, communication media do not necessarily have to draw interest or get attention, but they do have to clearly communicate the key issues of interest to the community. Examples of commonly-used, effective presentations Following are some of the presentation media that have been identified as effective: • LCD Projector - This communication medium (equipment) provides high quality, professional presentations. The equipment can be quickly setup and can provide excellent presentation quality and versatility with a wide range of software. Advantages of this medium include: o significant versatility o integration of text, graphics, photographs, and animation o ability to communicate draft presentations to peers quickly o ability to make changes to the presentation easily and quickly o handouts can be printed from the frames allowing the audience to use them as a reference after the presentation This medium reflects a high degree of professionalism and is readily accepted. One caution is to not overwhelm the audience with too many frames. • Posters and Flip Charts - Although not as “high tech” or as versatile as a LCD Projector, these may be better received by an audience that is expecting more of a personal and “low key” presentation. It may be very effective for community meetings, where “high-tech gadgets” might be perceived as further distancing the emergency management professional from the “common person”. • Overhead Transparencies & Slides - These are effective “middle- ground” communication media that are generally accepted by a very wide range of audiences. These are a relatively low-cost option. 9.C.b Packet Pg. 330 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 58 October 2001 7.3 Effective Communications, continued Examples of commonly-used, effective presentations, continued • Television - This medium can be a high-cost option; however, it is widely accepted by the public, and its combination of video and audio information has been demonstrated to be a very effective mechanism for communicating concepts and ideas. • Displays, Models, Objects, Demonstrations - Many people (especially those who are more comfortable with solid objects than abstract concepts) respond well to this type of communication media. Especially for those who have not had an opportunity to see community alert sirens, fire-fighting equipment, personal protective equipment, etc., the use of physical objects can enhance risk communication. • Verbal Presentation - Direct verbal communication between the risk communicator and the community (even without using other risk communication media) can be very effective. This is especially true for small audiences where there may be merit to keeping the interaction informal. Match the communication medium with the information needs of the community There are some wonderful things that can be done with today’s information technology. Match the community’s information needs with the appropriate medium, but avoid the temptation to over-use high-tech communication media. Also, be aware that what may have been considered high-tech yesterday may be considered “standard” today. Use of visuals and graphics The above information should assist you with planning and ensuring that the appropriate resources are available. Specific guidelines for the presentation of the technical message are identified in Section 8.2. The following are some thoughts regarding the pictorial representation of risk[12] (photos, pictures, illustrations, graphs, charts, tables, etc.). Benefits of using visuals for assisting in risk communication: • Well-chosen visuals can help people understand and think about risks. • Visuals help people understand and remember content. • Carefully chosen pictures can make information transmission more rapid, realistic, and accurate than is possible with purely verbal messages. • Visuals help clarify abstract concepts, which often are inherent in risk- related information. • Beyond improving comprehension and recall, visuals can help people put facts into context. 9.C.b Packet Pg. 331 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 59 October 2001 7.3 Effective Communications, continued Use of visuals and graphics, continued When deciding what risk information to portray and present, the following are key factors to consider: • Analyze the audience’s information needs to determine what people want to know. • Determine what risk information the community needs to know. • Determine where and how the pictorial information will be used (printed informational materials, posters and displays, presentations, mass media). The following key universal considerations are appropriate when using pictorials: • The complexity of the pictorial information must match the amount of time the community has to digest the information (additional detail can be provided in written flyers). • Graphics should be clearly legible at whatever distance the stakeholder will likely be located. • The message of the graphic should be quickly apparent. Simple, uncluttered graphics can often be the most effective. • The information on the graphic should be tailored to the background, knowledge, and interests of the majority of the audience members. Sensible application of visuals and graphics Not every kind of risk issue lends itself to pictorial representation. One of the challenges to the risk communicator is deciding when and what type of graphics to use to facilitate communication. Each graphic must be tailored to the needs of the interested individuals or groups. 9.C.b Packet Pg. 332 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 60 October 2001 7.4 Other Considerations Meeting room configuration The following points regarding the setup of the meeting room are adopted from Reference 22: • Set up the room in a way that makes people feel comfortable talking. • Do not allow for a large space between you and your audience. • Do not hide behind physical barriers. • Introduce everyone who is speaking with you. • Provide refreshments. Arrive early and stay late to allow for some casual mingling with the audience. • Plan some means of facilitating discussion such as the use of a moderator, question and answer cards, circular seating arrangement, etc. Starting off on the right foot Start each meeting with a brainstorming discussion of issues, questions, and concerns, followed by an agenda review. This allows the group to endorse the agenda or modify it, if appropriate. This activity also helps to organize information based on the audience’s learning objectives by integrating the agency’s teaching objectives into that structure. 9.C.b Packet Pg. 333 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 61 October 2001 8.0 EXPLAINING RISK Emergency management professionals sometimes believe that if they could only find a way to explain the data more clearly, communities would accept the risks scientists and engineers define as minimal and take seriously those risks they see as serious. However, simply finding ways to explain the numbers more clearly is not the panacea risk management practitioners might hope for. While searching for the magic formula that will help people calm down about the small risks and wake up about the big ones, emergency management professionals may overlook key variables that influence public perception of risk. Although skills in explaining risk are relevant, the emergency management professional's attitude toward and interaction with the public are key variables in successfully explaining risk. Chapter contents 8.1 Avoiding Outrage When Explaining Risk 8.2 Presenting and Explaining Technical Information 8.3 Dealing with Uncertainty 9.C.b Packet Pg. 334 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 62 October 2001 8.1 Avoiding Outrage When Explaining Risk Consider community outrage factors when explaining risk In order to avoid upsetting people you must first understand what upsets them. Although some of the factors that contribute to community anger are not under the control of the emergency management professional, other factors can be influenced, such as how fair a risk is or the extent to which the community can exert control over the risk. If the agency is forthright in its communications and involves the public, public perception of the risk is more likely to be on-target. Tips on avoiding community outrage Give as much consideration as possible to community concerns and feelings. Many people make their decisions based on their feelings, their perception of the agency, their sense of justice, etc. Technical data alone will rarely sway them. Also, be aware that the community has a vested interest in emergency risk issues. What may be reduced to graphics and statistics to the risk professional are friends, neighbors, and family to the community audience. "Health matters raise very strong fears, concerns, and emotions among people. To treat it as a technical analysis and not to recognize the extent to which people feel strongly, not to acknowledge their concerns and fears and attempt to deal with them is a fatal mistake...." Vincent Covello, Director of Risk Assessment, National Science Foundation[1] Be sensitive to related issues that may be more important to many people than the risk itself. Sometimes the actual risk is secondary to people's other concerns, such as property values. Regardless of whether the agency sees these concerns as important or within the scope of the agency's authority, they can critically influence a community's views. Try to identify and address these concerns. If you cannot address them, at least consider acknowledging them and explaining why your agency cannot deal with them. Community Outrage Factors are further identified in Section 2.2. 9.C.b Packet Pg. 335 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 63 October 2001 8.2 Presenting and Explaining Technical Information Find out what risk information people want and in what form Regardless of the agency’s sophistication in explaining risk, people's perception of the risk will be influenced by far more than scientific risk data. There may be differences between what information the risk information technical representatives and regulators think communities should have and the information communities actually want. Before presenting risk information, understand community concerns by meeting with the community or developing a checklist of likely concerns based on agency experience with similar situations. Anticipate and respond to people's concerns about their personal risk Be prepared to respond on a personal level. Although emergency management professionals are concerned with the overall picture, in a risk communication situation, they are dealing with individuals who are most concerned about the risk to themselves and their families. The agency representative must be prepared to respond to personal concerns such as "Am I in danger living near this dam?". Take care to give adequate background when explaining risk numbers Most audiences will not be very knowledgeable about the risk issues and may need some background to put the risk in perspective. • If you are explaining numbers derived from a risk assessment, explain the risk assessment process before presenting the numbers. Some practitioners have held workshops to explain the process even before the risk assessment was completed. • Put data in perspective. Instead of presenting risk numbers as a flat figure, attempt to explain risk numbers in ranges. To provide context for one community's data, you might show how it relates to similar data or compares it to other regulatory action levels. • Express risks in several different ways, making sure not to evade the community’s concerns. People whose minds are not already made up are very influenced by how data is presented. Because no presentation of risk is entirely objective, it may help to present the risk in a variety of ways. Express it both in terms that might make the risk seem larger and in other terms that might make the risk seem smaller. This approach also reduces the tendency of agencies to minimize the risk, which is likely to be viewed with skepticism by those outside the agency. 9.C.b Packet Pg. 336 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 64 October 2001 8.2 Presenting and Explaining Technical Information, continued Take care to give adequate background when explaining risk numbers, continued • Explain the agency's protective approach to risk assessment and standard setting. People are not aware of the extent to which buffers are built into risk assessments to ensure that they err on the side of caution. Because the word "conservative" has other connotations that may be misleading, substitute "protective,” "cautious," or “overestimated.” Take care when comparing health and safety risks to other risks. • Avoid health and safety comparisons that ignore "outrage factors". The least useful and most inflammatory comparisons agencies can use are those that ignore “outrage factors”. Beware of comparisons of everyday activities people do of their own accord (such as smoking) to imposed risks. These comparisons backfire most often when used to reassure people; they can be used a bit more freely when you are trying to alert people to risk. • Avoid health and safety comparisons that seem to minimize or trivialize the risk. It is generally not useful to compare the risk to the chance of being hit by a meteor. • Consider developing health and safety comparisons of similar situations or substances. o Use comparisons of the same risk for different time periods. o Compare with examples of clearly acceptable risks. o Compare with estimates of the same risk coming from different sources. Be cautious because risk comparisons may result in negative misinterpretations. Take even greater care presenting technical information than presenting other information Many of the techniques for presenting technical information are the same as those for presenting other information, but are often overlooked. • Know your audience and gear your presentation to its level. Consider: o what the audience already knows o what the audience wants to know o what you want the audience to know • Prepare thoroughly. Practice and role-playing can also help. 9.C.b Packet Pg. 337 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 65 October 2001 8.2 Presenting and Explaining Technical Information, continued Take even greater care presenting technical information than presenting other information, continued • Present the information most important to convey. Include: o facts your agency wants people to know about a situation o additional facts needed so the audience will not get misimpressions o identify three main ideas you want to convey and provide details to support them, rather than obscuring them by sheer volume o address people's concerns rather than just giving the facts . • Be sure to give people sufficient background. Do not assume that condensing information is the same as making it clearer. • Use down-to-earth language. Do not use acronyms. • Beware of the tendency to oversimplify and to only give data that support your point. People know when you are using biased information to support your argument as opposed to presenting all relevant information. • Choose supporting graphics that illustrate your message clearly and simply. o be cautious about using the same graphics for the general public that you used for technical audiences o ill-conceived graphics can be worse than none o well-executed graphics will not go over well if they do not deal with the audience’s concerns • As well as presenting points that support your conclusions, include negative information too. This is essential to maintaining credibility. If the risk communicator offers a summary and leaves out details that lean in the other direction, critics will discover those details and challenge both the integrity and competence of the agency. You can leave out the details that support your conclusion, but you can’t leave out the details that seem to undercut it. • Be aware of body language and other signals your audience gives you that they are lost. Slow down, back up, or let them ask questions. • Have background material available at meetings. • Always have question-and-answer periods after presentations. • Critique your presentation afterward, so you can learn from the things you did right as well as those you did wrong. 9.C.b Packet Pg. 338 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 66 October 2001 8.3 Dealing with Uncertainty Importance of acknowledging uncertainty Acknowledge uncertainty. The community is usually aware that uncertainties exist for many health and safety issues. Many uncertainties can be readily explained. Obscuring uncertainties makes you extremely vulnerable to charges of inaccuracy at best, or "cover up" at worst. You are better off leading with an explanation of the uncertainty rather than waiting to be confronted with it. Presenting issues pertaining to uncertainty - Make it a presentation of uncertainty, not an uncertain presentation Give people background on the inevitable uncertainty of science. Help people understand uncertainty so that they do not assume something is amiss if the agency says it does not know. Be specific about what you are doing to find answers. To avoid people thinking that you are hiding something or acting incompetently, explain the process you are using to find the information. Do not be afraid to explain why it is not possible to find all the answers. If possible, consider involving the community in resolving the uncertainty. It is easier for people to accept uncertainty if they can play a role in its resolution. This approach is likely to be perceived as equitable and may lead to better solutions. Stress the caution built into setting standards and developing risk assessments. Even though people do not like the idea that the emergency management professional is not sure, they are relieved to know that you are taking a protective approach in response to the uncertainty. If people are demanding certainty, pay attention to values and other concerns, not just the science. When people demand certainty, the underlying issue is often a question of values and process, not merely science. The demand for absolute certainty can result from frustration because agency representatives failed to involve people, did not listen to their concerns, etc. When confronted by a demand for certainty, back up and listen to the concerns behind the demand. Do what you can to address those concerns. Acknowledge the policy disagreements that arise from uncertainty. Attempt to explain and clarify the areas of disagreement. When the disagreements are about judgment calls or management options, rather than science, it is usually not helpful merely to argue the science. In addition, agency credibility is likely to suffer from highlighting the limitations of "opposing" scientists. Arguing issues can be productive, but attacking individuals is likely to elicit hostility from those who respect them. 9.C.b Packet Pg. 339 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 67 October 2001 8.3 Dealing with Uncertainty, continued Discussing certainty may be more useful than uncertainty. When presenting uncertainty, the emergency management professional must be cautious that suspicious and angry members of the community do not conclude that the risk must be high because the presenter focused heavily on uncertainties. A pointed discussion of certainty rather than uncertainty may be more appropriate. It is important to explain what you know, not just what you do not know. Sometimes a discussion highlighting uncertainty, no matter how understandable, may not be able to reassure the audience. 9.C.b Packet Pg. 340 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 68 October 2001 9.0 REFERENCES AND RESOURCES 1) New Jersey Department of Environmental Protection, "Improving Dialogue with Communities: A Risk Communication Manual for Government," January 1988. 2) New Jersey Department of Environmental Protection, "Improving Dialogue with Communities: A Short Guide for Government Risk Communication," January 1988. 3) Maher, Steven T., "Challenges in Risk and Safety Communication with the Public," Process Plant Safety Symposium, April 1996, on the Internet at www.RMPCorp.com. 4) Chun, Captain Alvin, USPHS, "Strategies for Communicating Uncertainty to the Public," Risk Assessment Conference, October 31, 1996. 5) California Health & Safety Code, Title 19, Division 2, Chapter 4, Sections 2735-2798, "California Accidental Release Prevention Program (CalARP)". 6) 40 CFR Part 68 - "Risk Management Programs for Chemical Accidental Release Prevention". 7) EPA 550-B-98-003, United States Environmental Protection Agency, “General Guidance for Risk Management Programs, 40 CFR Part 68,” July 1998. 8) Consent Decree, October 19, 1990, ordered by the Superior Court of the State of California for the County of Los Angeles, People of the State of California vs. Mobil Oil Corporation, Case No. C 719 953. 9) National Safety Council RMP Risk Communication Guide 10) Federal EPA - Basic Awareness Fact Sheet 11) Federal EPA - Successful Practices: "How LEPCs and Other Local Agencies are Using RMP Information", December 1999. 12) Lundgren, Regina E. and Andrea H. McMakin, "Risk Communication - A Handbook for Communicating Environmental, Safety, and Health Risks," 1998. 13) New Jersey Department of Environmental Protection and Energy, "Establishing Dialogue: Planning for Successful Environmental Management, A Guide to Effective Communication Planning," May 1994. 14) “Improving Risk Communication,” National Academy Press, Washington, D.C., 1989. 15) “Safety Street” and other materials on the Kanawha Valley Demonstration Program, Chemical Manufacturers Association, Arlington, Virginia. 16) Community Awareness and Emergency Response Code of Management Practices and Various Guidance, Chemical Manufacturers Association, Arlington, Virginia. 17) “Communicating Risks to the Public,” R. Kasperson and P. Stallen, eds., Kluwer Publishing Company, 1991. 18) Primer on Health Risk Communication Principles and Practices, Agency for Toxic Substances and Disease Registry, on the Internet at atsdr1.atsdr.cdc.gov:8080 9.C.b Packet Pg. 341 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 69 October 2001 9.0 REFERENCES AND RESOURCES, continued 19) “Risk Communication about Chemicals in Your Community: A Manual for Local Officials,” US Environmental Protection Agency, EPA EPCRA/Superfund/RCRA/CAA Hotline. 20) “Risk Communication about Chemicals in Your Community: Facilitator’s Manual and Guide,” US Environmental Protection Agency, EPA EPCRA/Superfund/RCRA/CAA Hotline. 21) “Chemicals, the Press, and the Public: A Journalist’s Guide to Reporting on Chemicals in the Community,” US Environmental Protection Agency, EPA EPCRA/Superfund/RCRA/CAA Hotline. 22) “Using a Five-Step Approach to Tough Questions for Risk Communication,” M.F. McDaniel, D.O., J.D., M.P.H., 1996 Annual Meeting and Workshop of the Southern California Society for Risk Analysis. 23) Mannan, M. Sam, “Perspectives on Risk Communication and Dialogue for the Process Industries,” Global Chemical Processing & Engineering Industry, published by the World Market Research Centre, London, United Kingdom, February 1999, pp. 84-89. 24) “Chemical Safety Information, Site Security and Fuels Regulatory Relief Act,” Act S.880 of the 106th U.S. Congress. 25) Dealey, Renton & Associates, “a/e Risk Review,” Volume 7, Number 1. 26) Maher, Steven T., "CA OES Y2K Initiatives & CalARP," SCSRA Twelfth Annual Workshop, May 27, 1999, on the Internet at www.RMPCorp.com. 27) Southwestern Books, PSM Link, “Y2K Ennui,” July 1999. 28) “California Accidental Release Prevention Program (CalARP) Implementation Guidance Document,” Region I LEPC, January 12, 1999. 29) Chun, Captain Alvin, USPHS, “Risk Communication,” SCSRA Twelfth Annual Workshop, May 27, 1999. 30) Adams, R.S., “Risk Communication - Presenting the Facts with Credibility while Minimizing the Outrage Factor,” SCSRA CalARP/RMP Specialty Workshop - Practical Approach to CalARP/RMP Implementation in Southern California, February 24, 1999. 31) “Problem Solving, Decision Making, Planning,” Arthur G. Kirn & Associates, R.F.D. 1, Wilton Center, New Hampshire 03086. 32) Sandman, Peter M., “Responding to Community Outrage: Strategies for Effective Risk Communication,” American Industrial Hygiene Association, Fairfax, Virginia, 1993. 33) Sandman, Peter M., “Risk = Hazard + Outrage,” American Industrial Hygiene Association Fairfax, Virginia, 1991. 9.C.b Packet Pg. 342 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 70 October 2001 10.0 GLOSSARY Active Listening The process of paraphrasing that lets the sender know that both the intended meaning and the feeling of the sender’s message have been understood and accepted. Community Condition of living with others; the public; people with similar interests Hazard A chance; accident; danger Outrage Great anger; indignation; to offend or insult Risk The possibility of suffering harm or loss Risk Assessment To estimate or evaluate Risk Communication A science based approach for communicating effectively in high concern, controversial, or emotionally charged situations. Risk Management The act or art of handling, controlling, or directing 9.C.b Packet Pg. 343 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 71 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 2 GENERAL RISK PERCEPTION/COMMUNICATION ISSUES Key Risk Issues Often of Interest to the Community Have the following general emergency/disaster risk issues been considered when devising the risk communication program? Consequences of worst-case/alternative scenarios and the likelihood/probability of the occurrence of an emergency/disaster Natural phenomena hazards Community emergency response actions Community notification systems Perceived risks reported by the media Use of standards and accepted practices Have the following industrial facility- based emergency/disaster risk issues been considered when devising the risk communication program? Safety (threshold) limits Use and acceptance within the technical community of the dispersion, release, and other consequence models that may have been used for risk assessment Community confidence in crediting safety/mitigation systems Other potential considerations (financial/business impact and real estate) Factors Contributing to Community Outrage The following summarizes the key objective in dealing with community outrage: Pay as much attention to outrage factors, and to the community's concerns, as you do to scientific data. At the same time, do not underestimate the public's ability to understand technical information. 9.C.b Packet Pg. 344 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 72 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 2, continued GENERAL RISK PERCEPTION/COMMUNICATION ISSUES Have the following potential community outrage factors been considered when devising the risk communication program? Voluntary risks are accepted more readily than those that are imposed. Natural risks seem more acceptable than artificial risks. Risks under individual control are accepted more readily than those subject to industry or government control. Risks that seem fair are more acceptable than those that seem unfair. Risk information that comes from trustworthy sources is more readily believed than information from untrustworthy sources. Exotic risks seem more dangerous than familiar risks. Risks that are associated with other memorable events are considered more risky. Risks that are “undetectable” are perceived as more dangerous. 9.C.b Packet Pg. 345 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 73 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 3 POSSIBLE OBJECTIVES OF A RISK COMMUNICATION PROGRAM Defining clear goals and objectives is one of the most important initial activities because it can provides a platform for the risk communication program to be more effective, better focused, and more likely to achieve the desired benefit. Defining the Target Audience Have the following general issues associated with defining the target audience been considered when devising the risk communication program? Identifying the stakeholders to anticipate or assess their varying interests, in order to design an effective risk communication program, is a critical initial task. Stakeholders can include: • Residential Community • Business/Commercial Community • Industrial Community • Your Agency • Other Agencies (local and state government, special districts) The level of stakeholder interest is a driving force in the assignment of risk communication priorities. Pre-Incident Objectives and Information Priorities Have the following potential pre- incident objectives and information priorities been considered when devising the risk communication program? Properly identifying and understanding the objectives of all stake- holders often enhances the effectiveness of risk communication. Possible pre-incident objectives of risk communication: • inform the community • seek input or feedback from the community useful to the agency • clarify the probability and consequences of a potential risk to provide an improved risk perspective for the stakeholder • address an existing controversy or concern of the stakeholder • provide a forum for discussion • improve the stakeholder’s understanding and ability to support effective emergency response • warning vs. reassuring • clarify the agency’s role in controlling risk • coordinate agency emergency response plans with the business/industrial community’s emergency response plans • satisfy a regulatory requirement for risk communication related to emergency events Research the issues with the stakeholders to gather sufficient information to identify the most important risk communication objectives to address. 9.C.b Packet Pg. 346 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 74 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 3, continued POSSIBLE OBJECTIVES OF A RISK COMMUNICATION PROGRAM Objectives and Information Priorities During and After an Incident Have the following potential post- incident objectives and information priorities been considered when devising the risk communication program? Some potentially important objectives and information priorities during and after an incident: • retaining credibility and trust (See Section 4.4) • clarifying how the incident compares to the previously assessed risk • providing clear information regarding incident causes, effects, and lessons-learned (this includes agency responsibilities for having identified, assessed, or responded to the emergency) • identifying how these lessons-learned will be used to decrease the likelihood or consequences of the risk in the future • providing an updated balance for the stakeholder by validating the assessment of risk, adjusting it as necessary, and re-clarifying the likelihood or consequences The agency should not underestimate the ability of community members to keep risks in perspective even after an incident. The agency should still research the issues with the community and other stakeholders (including potentially small minorities that may be unhappy about how the event was handled) to ensure that the appropriate risk communication objectives are identified and addressed. After an incident, it is easy to address perceived concerns that may not accurately reflect actual stakeholder issues. Potential Enhancements to Community Emergency Response Have the following potential enhancements to community emergency response been considered for the risk communication program? Desirable community emergency response actions (that can be improved with effective risk communication) include: • contacting the appropriate municipal emergency responders • remaining calm during the emergency • proper application of shelter-in-place • evacuation 9.C.b Packet Pg. 347 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 75 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 4 TRUST AND CREDIBILITY FACTORS Trust and credibility lay an important foundation for successful risk communication. Pre-Incident Actions to Build Trust and Credibility Have the following points been considered when devising the risk communication program? Emphasize factors that inspire trust. Pay attention to agency process. Explain organizational procedures. Be forthcoming with information and involve the community from the outset. Focus on building trust as well as generating good technical information. Follow through. Only make promises you are sure you can keep. Provide information that meets people's needs. Get the facts straight and avoid mixed messages. Try to coordinate within your organization and with other responsible groups. Listen to what various community groups are telling you. Work together with organizations that have credibility with communities. Consider working with opponents. Avoid "closed" meetings. The following issues should be considered when maintaining an atmosphere of trust: • Alarming communications are inherently more trusted than reassuring communications. • Trust is greatly damaged if the agency has to amend its risk estimate or damage estimate in the more-serious-than-we-thought direction, but only modestly damaged when amending it in the less-serious- than-we-thought direction. • It helps to acknowledge the fact that mistrust exists (when it is there), its validity, and its sources. • Trust relies on transparency, not mere honesty. • Trust may be an unachievable goal. Therefore, agencies should aim for accountability instead of trust. • Ensure that employees play a key role in risk communication. 9.C.b Packet Pg. 348 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 76 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 4, continued TRUST AND CREDIBILITY FACTORS Timing of Information Releases Have the following points been considered when releasing information? If people are at risk, do not wait to communicate (and to act on) the available risk information. If the agency is investigating a potential risk that people are not aware of, consider making known what you are doing and why. If it seems likely that the media or someone else may release the information before you are ready, release it yourself. If it is likely that the media will "fill in" the missing facts with information concerning an on-going story while they are waiting for you to speak, so speak first. If you do not yet have a high degree of confidence in the results, talk to the community about your procedures, but don't release the results. If initial investigations do show a problem (and you are fairly confident of the results), release the results, but explain that they are preliminary. Before deciding to wait to communicate (especially if the news is bad), consider the effect on the credibility of the agency representative dealing with the community. Release information while the risk management options are tentative, rather than waiting to develop solutions. If you feel the information will not make sense unless it is released with other relevant information (and you don't have all the information yet), wait to release it all at once (but explain why you are waiting). If you wait until the results are quality-assured to release them, use the time (and the preliminary results) to develop management options and advise the community on interim actions. If you are waiting to communicate results or information for some other reason, do not say you are waiting for the evaluation to undergo quality assurance. If you have decided that you can't communicate right away about the risk, talk to the community about the process you are going through to get the information, etc. Consider the ten key reasons to release information early. 9.C.b Packet Pg. 349 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 77 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 4, continued TRUST AND CREDIBILITY FACTORS Trust and Credibility Issues During and After an Incident Have the following points been considered when communicating risk information during an incident? Maintain open channels of communication Provide critical information promptly. Ensure that the public receives a clear message that the emergency responders are taking appropriate actions to mitigate the event. Have the following points been considered when communicating risk information after an incident? Provide a resource for the public to call to secure additional information. Take appropriate steps to promptly investigate the cause(s) of the event. Ensure that the public receives a clear message that an investigation of the incident was performed and appropriate actions to prevent a future incident were identified for implementation. Provide appropriate follow-up information and follow through with any commitments to the community. 9.C.b Packet Pg. 350 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 78 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 5 EFFECTIVE VEHICLES FOR RISK COMMUNICATION Defining Effective Pre-Incident Risk Communication Activities Have the following points been considered to communicate key risk issues prior to the occurrence of an incident? Pamphlets and flyers are cost-effective and appropriate for short-term, one-message communication efforts that cover one aspect of the risk communication process. • Focus these short communication tools on meeting specific needs. • Make pamphlets and flyers self-contained. • Distribute pamphlets and flyers where your audience lives. Newsletters are effective for delivering information on long- term projects with a relatively stable audience. • Allow time in your schedule for necessary approvals. • Develop and maintain mailing lists. • Avoid the use of acronyms and abbreviations. • Use compelling headlines and graphics to encourage reading of the newsletter. • Provide your audience with a consistently high quality newsletter. The Internet has become an unparalleled resource for disseminating information (e.g., pamphlets, flyers, and newsletters) on a global level. • Several significant drawbacks exist that limit application of the Internet as a risk communication medium: • Often busy individuals may need another mechanism to trigger their attention and to get them to participate in the risk communication process. • The audience is limited to those who have invested money and/or time to be able to access the Internet. Note the concern regarding the dissemination of worst-case scenario data on the internet—there is the possibility that it could be misused somewhere else. Public forums can be very effective mechanisms for communicating risk issues. However, there is questionable value in conducting large-scale public meetings as a way to engage the community in constructive dialogue. • When appropriate, develop alternatives to public hearings, such as smaller, more informal meetings. 9.C.b Packet Pg. 351 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 79 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 5, continued EFFECTIVE VEHICLES FOR RISK COMMUNICATION Defining Effective Risk Pre-Incident Risk Communication Activities Have the following points been considered to communicate key risk issues prior to the occurrence of an incident? • If you cannot avoid a large public meeting, the logistics should be developed so that both the agency and the community are treated fairly. • Consider breaking larger groups into smaller ones. • Be clear about the goals for the meeting. If you cannot adequately fulfill a citizen request for a meeting, propose alternatives. • In certain situations, one-on-one communication is more effective than a group setting. Researching and understanding the stakeholder is critical. Defining Effective Risk Communication Activities During and After Incidents Have the following been considered to communicate key risk issues during or after incidents? If an incident was noticed by the public or impacted the public, the key differences are: • Time is of the essence in providing information to the community. • Several communication media will be readily available, but not necessarily controllable, e.g., newspapers, television, radio, technical journals. • Community interest will most likely not have to be encouraged. The community will gauge the success of the incident investigation efforts and control of causal factors by how much information is communicated to the community. During the incident, consider doing the following (to the extent that it does not detract from emergency response efforts): • If there is a high degree of uncertainty, focus the risk communication effort on what is being done to control the emergency. Keep the communication channels open, and provide additional facts as they become available. • Contact news media to announce the event (probably not necessary for a major emergency) and begin to provide them with information. • If there is uncertainty with respect to the chronology of events or causes of the event, release information prudently and properly identify that the information as preliminary, but that the agency will promptly provide additional facts as soon as they are available. 9.C.b Packet Pg. 352 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 80 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 5, continued EFFECTIVE VEHICLES FOR RISK COMMUNICATION Defining Effective Risk Communication Activities During and After Incidents Have the following been considered to communicate key risk issues during or after incidents? • Consider implementing the following key actions: o Maintain open channels of communication (possibly via the Information Officer). o Provide critical information promptly. o Ensure that the public receives a clear message that the emergency responders are taking appropriate actions to mitigate the event. • Never go “off-the-record.” . After an incident, the following should be considered: • Ensure that any preliminary information provided during the course of the incident is verified, clarified, or modified, as necessary, so that future references to the incident will have actual factual information. • Follow-up with local and regional newspapers, radio, or television to verify key information and to provide a close-out mechanism for the event. • Be honest and candid with the public regarding incident events, potential public impacts, and follow-up investigation corrective actions. • Consider implementing the following key actions outlined in Section 4.4: • Provide a resource for the public to contact to secure additional information. • Provide appropriate follow-up information and follow through with any commitments to the community. • When communicating “lessons learned”, ensure that broader lessons, in addition to the lessons directly relevant to the particular incident, are brought out. 9.C.b Packet Pg. 353 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 81 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 6 EFFECTIVE COMMUNICATION STRATEGIES IN PUBLIC FORUMS A public forum can be an effective (and often necessary) mechanism for communicating “high profile” risk issues. Ensuring that the appropriate risk communication strategies are applied is critical. Understanding the Risk Communication Needs of Different Audiences Have the following points been considered to identify and respond to the needs of different audiences when communicating in a public forum? Try to identify key stakeholders who are affected by the situation at the beginning and meet with them informally. Recognize the strengths and weaknesses of citizen advisory groups. Define the role of the group from the outset. Treat everybody equally and fairly. Dealing with Values and Feelings Have the following points been considered to recognize that people's values and feelings are a legitimate aspect of public health and safety issues, and that such concerns may convey valuable information when communicating in a public forum? Recognize that people’s values and feelings are a legitimate aspect of public health and safety issues and that such concerns may convey valuable information. Provide a forum for people to air their feelings. Listen to people when they express their values and feelings. Acknowledge people's feelings about an issue. When people are speaking emotionally, respond to their emotions. Do not merely respond with data. Show respect by developing a system that responds promptly to calls from community members. Recognize and be honest about the values incorporated in agency decisions. Acknowledge agency politics and dissension. Be aware of your own values and feelings about an issue and the effect they have on you. Empathetic words will be effective only if your tone of voice, body language, and demeanor reinforce what you are saying. 9.C.b Packet Pg. 354 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 82 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 6, continued EFFECTIVE COMMUNICATION STRATEGIES IN PUBLIC FORUMS Responding Personally Have the following points been considered to prepare responses to personal questions about risk when communicating in a public forum? When you speak at a public meeting, tell people who you are, what your background is, and why you are there. Let people see you are human. Prepare responses to potential personal questions that you may be asked about the risks before the meeting. This allows you to present a well thought-out answer to commonly asked questions. When speaking personally, put your views into the context of your own values, and urge your audience to do the same. If your personal position does not agree with agency policy, do not misrepresent yourself or mislead the community. If speaking personally makes you uncomfortable, work on it until it gets easier. People are accustomed to assimilating information by the sharing of experiences. “Storytelling” can be a very effective mechanism for risk communication that can have a strong personal content. Other Communication Strategies Have the following communication strategies been applied when communicating in a public forum? Effective listening requires a number of simultaneous activities: • Paraphrasing • Clarifying • Encouraging • Reflecting • Summarizing • Being Open The most important part of your message is clearly communicating your conclusions. 9.C.b Packet Pg. 355 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 83 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 7 RESOURCES FOR EFFECTIVE PUBLIC FORUM RISK COMMUNICATION When directly interacting with the community, having the proper resources available can make the difference between success and failure. Choosing the Right Representatives Have the following points been considered to choose the right representatives and link them to the appropriate assignments when devising the risk communication program? Use field/community relations staff to relay community concerns within the agency. Choose carefully those who represent the agency, and provide appropriate support (e.g., time, training, resources). • Technically-qualified people should have a major role in risk communication. • For effective communication of emergency risks in a public forum, it is typically important that representatives can effectively address at least the following elements: o Technical o Communication o Authority • If possible, use the same agency representative throughout the life of the issue. • In some situations a non-agency representative may be more useful than someone from inside the agency. Although the above mix of skills is important, ensure that sufficient technical resources (i.e., back-up technical data and individuals) are provided to address the community’s interests adequately. 9.C.b Packet Pg. 356 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 84 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 7, continued RESOURCES FOR EFFECTIVE PUBLIC FORUM RISK COMMUNICATION Choosing the right representative to get your message across is very important Developing the Message Have you thoroughly covered these topics in you message? Information about the nature of risks? Information about the nature of benefits? Information on alternatives? Uncertainties in knowledge about risks? Information management? Effective Communications Have the following points been considered to ensure that effective communications media are utilized when devising the risk communication program? Professional communication media are critical. However, effective communication media for public forums do not necessarily mean expensive, extravagant, or flashy. The following identifies some presentation media that have been effective: o LCD Projector o Posters and Flip Charts o Overhead Transparencies & Slides o Television o Displays, Models, Objects, Demonstrations o Verbal Presentation Match the communication medium with the information needs of the community. 9.C.b Packet Pg. 357 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 85 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 8 EXPLAINING RISK Although skills in explaining risks are relevant, the emergency management professional’s attitude toward and interaction with the public are key variables in successfully explaining risk. Avoiding Outrage When Explaining Risk Have the following potential community outrage issues been considered when explaining risk? Be prepared to give people's concerns as much emphasis as the technical data. Be sensitive to related issues that may be more important to many people than the risk itself. Review and consider the Community Outrage Factors identified in Section 2.2. Presenting and Explaining Technical Information Have the following points associated with the explanation of technical information been considered when explaining risk? Find out what risk information people want and in what form. Anticipate and respond to people's concerns about their personal risk. If you are explaining numbers derived from a risk assessment, explain the risk assessment process before presenting the numbers. Put data in perspective. Express risks in several different ways, making sure not to evade the community’s risk concerns. Explain the agency's protective approach to risk assessment and standard setting. Avoid health and safety comparisons that ignore "outrage factors". Avoid health and safety comparisons that seem to minimize or trivialize the risk. Consider developing health and safety comparisons of similar situations or substances. Be cautious because risk comparisons may result in negative misinterpretations. 9.C.b Packet Pg. 358 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 86 October 2001 11.0 QUICK SUMMARY CHECKLIST FOR SECTION 8, continued EXPLAINING RISK Presenting and Explaining Technical Information Have the following points associated with the presentation of technical information been considered when explaining risk? Know your audience and gear your presentation to its level. Prepare thoroughly. Present the information that is most important to convey. Be sure to give people sufficient background. Use as down-to-earth language as possible. Beware of the tendency to oversimplify and to only give data that support your point. Choose supporting graphics that illustrate your message clearly and simply. As well as presenting points that support your conclusions, include negative information too. Be aware of body language and other signals your audience gives you that they're lost. Have background material available at meetings. Always have question-and-answer periods after presentations. Critique your presentation afterward, so you can learn from the things you did right as well as those you did wrong. Dealing with Uncertainty Have the following points associated with the acknowledgement of uncertainty been considered when explaining risk? Acknowledge your uncertainty. Give people background on the inevitable uncertainty of science. Be specific about what you are doing to find answers. If possible, consider involving the community in resolving the uncertainty. Stress the caution built into setting standards and developing risk assessments. If people are demanding certainty, pay attention to values and other concerns, not just the science. Acknowledge the policy disagreements that arise from uncertainty. It is important to explain what you know, not just what you do not know. 9.C.b Packet Pg. 359 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Risk Communication Guide for State and Local Agencies Governor's Office of Emergency Services 87 October 2001 12.0 GUIDELINES FOR MEETING WITH THE MEDIA 1. Be Prepared • Plan what you want to say • Anticipate reporters’ questions 2. Take/Keep Control • You decide where to be interviewed • “Bridge” to your points or to turn negative questions into positive responses • Don’t repeat negatives • Know when to exit the interview 3. Make Your Point • Bring your own agenda to the interview • Stress positive aspects of your operation 4. Keep Your Composure/Watch Body Language • Look and sound like you “want to be there” • Be cooperative; not combative • Avoid defensive appearance 5. Don’t Speculate • If you do not have an answer, say so. • Do not answer hypothetical questions. • Do not feel all questions must be answered immediately. 6. Never Say “No Comment” • Give sound reasons why you cannot answer a question (proprietary information, lack of authority, etc.). 7. Never Go “Off the Record” • Anything you say may be reported. • Do not be tricked into answering a question when a reporter says he has turned off a microphone or camera. 9.C.b Packet Pg. 360 Attachment: California Office of Emergency Services Risk Communication Guide for State and Local Agencies OCR (2989 : Approval of Role of Emergency Action Card for Mayor and Council • STAY CALM: Others will be looking to you for guidance • CHECK-IN: Check-in with your family • INFO UPDATE: Check the City communication channels • COUNCIL UPDATES: Through email , phone, or text • DES: Contact the DES for the situation report at (408- • MEDIA: Refer media to spokesperson Notify EPIO of all media interview requests for information and talking points. • EMERGENCY PROCLAMATION : DES will notify Council if an emergency meeting or proclamation is recommended. 9.C.c Packet Pg. 361 Attachment: Emergency Action Card for Mayor and Council 090920 OCR (2989 : Approval of Role of Elected Officials During Emergency City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Gilroy 150th Anniversary Committee Request to Install an El Camino Real Bell and Plaque in the Historic Downtown District in Celebration of the City's Sesquicentennial Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Rachelle Bedell 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 approving the install ation of an El Camino Real Bell and plaque in downtown Gilroy to commemorate the 150th anniversary of the incorporation of the City of Gilroy. EXECUTIVE SUMMARY March 12, 2020 marked the 150th anniversary of the incorporation of the City of Gilroy. To highlight this major milestone, the Gilroy 150th Anniversary Committee is proposing the installation of an El Camino Real Bell and plaque to be located in the paseo in historic downtown along Monterey Road, part of the historic route of El Camino Real. This commemoration will provide a lasting marker of our sesquicentennial year. 10.A Packet Pg. 362 BACKGROUND A History of El Camino Real and the El Camino Real Bell: The El Camino Real is widely known today as a 600-mile road which spans from the area in San Diego near the Mission San Diego del Alcalá to the Mission San Franc isco Solano in Sonoma. This is actually only a piece of the El Camino Real. El Camino Real referred to the actual roadways of the Spanish colonial times in Spain’s New World. By calling a path or road “Camino Real’ meant the road was protected under the Spanish crown and its viceroys. Camino Real’s were known to link Spanish settlements from Mexico City to Sonora, to Santa Fe as well as throughout Baja California before Alta California. In Alta California, the route was needed in order to link the presidi os (military forts), pueblos (towns), and missions. The roads were an essential part of the growth of New Spain, as they needed the ability to move people, materials and food quickly to establish footholds in the area to hopefully stop any territorial conf licts with Britain and Russia who were also looking to establish footholds along the west coast. The road began as a dirt foot and horse path and was not fixed at first. The actual path was constantly lost due to weather conditions which washed away the t races from prior journeys. Winds and new growth would replace landmarks and where the route was near the shore was at times erased by tides. As exploration of California was made, a route that could be traversed repeatedly and with ease of horse and foot w as desired. The Spanish soldiers and Franciscan friars built this route and marked it by carving crosses in large trees. As the friars found suitable areas for missions to be erected, the route was widened to accommodate carts and wagons. As a result , there was never a single running route from San Diego to San Francisco, but a collection of many routes, which in time were linked together to establish the overall route we are more familiar with today. After Mexico won its Independence from Spain in 1821, n o road was considered a camino real any longer. It was not until many years later that the road name ‘El Camino Real’ become utilized, mainly with the Mission Revival movement of the 20th Century. Today, you will find several roads in Arizona, California, New Mexico, Texas and portions throughout Mexico utilizing the name to commemorate the new roads near the original pathways. Throughout California, the road was made more easily traversed as they eventually linked all 21 California missions together. After the Independence in 1821, the missions started to lose a foothold of the lands surrounding them as former Spanish officers were seeking to become landowners themselves. In 1833, with the Mexican Secularization Act this created the disestablishment of the Roman Catholic Church, and the Missions, therefore creating the large land grants known today as ‘ranchos’. By the late nineteenth 10.A Packet Pg. 363 century, even though several segments of the road were still widely used, many parts were lost. In 1892, Miss Anna Pitcher, Director of the Pasadena Art Exhibition Association to the Women’s Club of Los Angeles, pitched the idea of preserving the El Camino Real. She felt it was important to try and preserve the route as the new invention of the automobile was having the heavy influence on the wealthy Californians who were wanting a new well-built and maintained roadway built for their autos. In 1894, Helen Hunt Jackson published the book “Ramona.” This book was a great hit and portrayed the Spanish colonial California as a roma ntic paradise where it painted Southern California as an American Mediterranean retreat. As a result of the book, several regional Mission boosters saw this as a means of restoring not only active parishes in several of the missions, but as well a way to don effort to restore others which had just crumbled to ruin in order to attract visitors and share in the romantic vision. In 1902, Miss Anna Pitcher tried again to the pitch the idea of preserving the El Camino Real after the growth in stories were arising around the mission chain and the fabled road which connected them to the California Federation of Women’s Club as well the Native Daughters of the Golden West. Both times she gained support of the idea and started steps to implementing the proposal. In 1904 a group of individuals formed the El Camino Real Association. This organization took charge and took on the mission to mark out the historic route as well start promoting tourism along the road. They organization struggled trying to find all the missing parts of the roadway and therefore lobbied the government for support. Mrs. C. F. Gates at one of the meetings recommended the idea of commemorating and marking the route with markers or bells at every mile marker along the route as well on the Missions and selected historical landmarks. In August 1906, the first of these markers was created and installed in front of the Old Plaza Church in downtown Los Angeles. The marker was an 85-pound cast iron bell with decorative piping suspended from an eleven-foot bent guidepost resembling a shepherd’s crook. The bell was inscribed. “El Camino Real 1769-1906” and a sign on the post which reads “Historic El Camino Real.” The bells were manufactured by her husband’s foundry where she developed her own bell-shaped forms and pouring in molten medal. She quickly went and created her own company, California Bell Company. In 1910 the State Highways Act authorized the construction and paving of the route. The El Camino Real roadway fell well short of expectations due to construction lags as well the route had many terrain challenges of crossing streams and steep grades up hills and mountains. Finally in 1925, the road was completed and the majority of the roadway was assigned the route number US 101. 10.A Packet Pg. 364 Where the plan was to install the bells, lack of regular maintenance several of the installed bells fell into disrepair, were vandalized and not to mention some were stolen. In 1913 the goal of installing 450 bells along the route had been completed with a bell at each of the 21 missions and the rest spaced out along the highway. In 1926, the California State Automobile Association and the Automobile Club of Southern California took over the responsibility of maintenance of the bells residing on any state -owned property. This program lasted until 1931 when support was ceased. In the late 1930s, California Bell Company stopped producing the bells in order to reallocate iron for World War II. The company was then sold to two women who worked at Macy’s who created miniature souvenir bells. In 1952, the company was sold again to Joe Rice, but the company went inactive in 1960 so he could focus on his other business. As construction and care of the highway happened from 1931 to 1959, the road was widened and some bells were removed with some lost to vandalism or theft. In 1951, only 120 bells remained. In 1959, California’s pre-AB 1707 defined the El Camino Real and in reference the legislation defines this as a historic route, but did not preserve the historical integrity of the route. In 1963, 81 replica bells were created by the California Bell Company and donated for replacement purposes. Afterwards, the company went out of business. The following years had several small groups trying to revitalize efforts in maintaining, repairin g and preserving the heritage of the El Camino Real and her bells. Through the years, many Californians shared many stories and memories of their travels along the coast seeing the bells. In 1996, a project ran by Lee Ford of AAA of Northern California was quoted as stating “They’re a symbolic part of our history . . . They’re nostalgic, and they show our connection with Mexico.” In 1998, John Kolstadt, a Saratoga mortgage broker, wanted to see about having a marker made for his garden. He searched and found Joe Rice and approached him to make a bell for him, but Joe Rice instead stated he will not sell him a bell but will sell the company to him. In the garage were castings of the bell, tools, equipment as well all the plans to produce them. After pondering on the idea for some time, John Kolstadt struck a deal with Joe Rice to buy the California Bell Company. After inventorying all the items he bought, he found he had all the items necessary in order to replicate the 1906 bells. John then partnered with Caltrans to manufacture new bells and have them installed along Highway 101. The partnership allowed 555 bells to be installed along Highway 101 from Los Angeles to San Francisco by 2006 with vision to continue added bells to the north and south to complete the entire El Camino Real. From a collection of various dirt pathways linking from pueblo to pueblo, presidio to mission and mission to mission, a vision was created to commemorate the exploration and establishment of New Spain which led to beginning foun dation of our road system between cities and ranchos to eventually our paved highways. The El Camino Real and 10.A Packet Pg. 365 the Bells which line it, provides the romantic vision and quest to trace the footsteps left long ago. Gilroy’s El Camino Real Bell and Plaque: Funding for the El Camino Real Bell and plaque will come from the Gilroy 150th anniversary funds approved by Council in the Fiscal Year 2020 budget, and will be installed by the Public Works Department. The proposed location for the bell and plaque is at the southwest corner of the paseo located between 5th and 6th Streets and Monterey Road (map below) at 7453 Monterey Road (APN 799-07-054). This places the bell on City property adjacent to Monterey Highway, and next to existing historical informational boards on display in the paseo. The bell would be installed parallel to Monterey Road with the plaque situated just in front of the bell post. The 13 ½ foot tall bell is the same bell Caltrans installs to mark the historic El Camino Real on California highways. The plaque would be approximately 25 x 25” in size, and would be installed flush with the concrete. 10.A Packet Pg. 366 Proposed Wording for the Plaque: City of Gilroy 150th Anniversary of Incorporation as a Charter City Located at the intersection of historic pathways of native peoples and El Camino Real, Gilroy’s location has long been the key to its good fortune. In 1906, guidepost bells were placed along the El Camino Real to guide early travelers and preserve the historic route. Today, El Camino Real is known as Monterey Highway. Dedicated to the People of Gilroy, in Celebration of its Sesquicentennial March 12, 2020 ANALYSIS The El Camino Real Bell and plaque will be a permanent commemorative marker of the City’s 150th anniversary of incorporation. In light of the cancellation of the many planned events and activities to celebrate this historic year due to the COVID 19 pandemic, this memorial will provide a just commemoration to this momentous year for Gilroy, in line with current health orders and restrictions. The proposal was presented to the Arts and Culture Commission at their September 8, 2020 meeting, and was recommended for approval. ALTERNATIVES The City Council can deny the Gilroy 150th Anniversary Committee request and not authorize the installation of the bell and plaque. STAFF DOES NOT RECOMMEND THIS OPTION FISCAL IMPACT/FUNDING SOURCE 10.A Packet Pg. 367 Funding for the El Camino Real Bell and plaque will come from the Gilroy 150th anniversary funds approved in the Fiscal Year 2020 budget CONCLUSION To rightly memorialize the City’s 150th anniversary, the Gilroy 150th Anniversary Committee is recommending the installation of an El Camino Real Bell and commemorative plaque within historic downtown Gilroy. NEXT STEPS Upon approval, the Gilroy 150th Anniversary Committee will purchase the bell and plaque, and will begin working with staff to prepare for installation and public outreach. Attachments: 1. Resolution 2020-__ 150th Plaque v5 2. Mission Bell Cement Foundation Design OCR 10.A Packet Pg. 368 RESOLUTION NO. 2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE INSTALLATION OF AN EL CAMINO REAL BELL AND PLAQUE IN DOWNTOWN GILROY TO COMMEMORATE THE 150TH ANNIVERSARY OF THE INCORPORATION OF THE CITY OF GILROY WHEREAS, the City of Gilroy (“City”) owns certain property located between 5th and 6th Streets and Monterey Road, also known as the “Paseo” (the “Property”); and, WHEREAS, the Gilroy 150th Committee has requested permission to install and maintain a plaque (“Plaque”) and El Camino Real bell (“Bell) on the wall of the Property; and, WHEREAS, the Plaque will contain a brief message (the “Message”) to commemorate the 150th Anniversary of Incorporation of the City of Gilroy; and, WHEREAS, it is fitting and appropriate that the occasion of the City’s 150 th Anniversary be memorialized; WHEREAS, the installation and maintenance of such Plaque and Bell will be contingent upon and subject to the issuance of an encroachment permit (the “Permit”) containing reasonable conditions to the satisfaction of the City Administrator, which conditions will include, among others, provisions related to the term of the Permit and maintenance and removal obligations for the “Plaque”; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby makes the following determinations: 1. The City Council hereby approves of the installation and maintenance of the Plaque and Bell consistent with this resolution. 2. It is appropriate and fitting to allow the Property to be used to demonstrate the City Council’s support for the City’s 150th Anniversary. 3. The City Council accepts the Message and the placement of the Plaque and Bell as government speech. 4. The City Administrator is authorized to determine the conditions of the Permit and to issue such Permit consistent with this Resolution. 10.A.a Packet Pg. 369 Attachment: Resolution 2020-__ 150th Plaque v5 (3013 : 150th Committee El Camino Bell) RESOLUTION NO. 2020-XX \ PASSED AND ADOPTED this 21st day of September, 2020 by the CITY COUNCIL OF THE CITY OF GILROY by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 10.A.a Packet Pg. 370 Attachment: Resolution 2020-__ 150th Plaque v5 (3013 : 150th Committee El Camino Bell) BAY BUILDING DESIGNERS 4G7 AR.CHCOVE COURT. SAN JOSE, CA 95 I I I -l 73G PH. (408) 22G-954 I, FAX. (408) 22G-9427 DATE: NOVEMBER 23, 2004 SUBJ.: MISSION BEU CEMENT FOUNDATION DESIGN FOR. CALIFORNIA BELL COMPANY JOB #; KOLSTAD THE BELLS WEIGHT 85 TO I 00 LB5 8' ABOVE ti NISH GRADE 30" EMBEDED INTO FTG 3"<1> STEEL flPE SCHEDULE 40 fy=3GK.51, A=2.231N .,._ 2, 5= J .721N."' 3, 1=3.021N "'4 200 I Ct\UFORNIA BUILDING CODE I G34A.5 NONBUILDING STRUCTURE LATERAL FORCE V=a·c;aJR·W, WHERE Ca=.44•Na=.44. I .5==.GG, Na= 1.5 MAXIMUM R.=2.2 FOR CANTILEVER COLUMN DESIGN V=3*.GG/2.2*W=.9W GOVERN NOT LESS THAN 1/'"7.sG•ca•1•w=.5G*.GG* I ·w=.37W FOR SEISMIC ZONE 4 NOT LESS THAN V= I .G•Z"Nv•1tR:W, WHERE z .... 4, Nv=2 MAXIMUM, I= I .0 V= I .G*.4*2* l/2.2*W=.58W LATERAL LOAD P=.9* l 00=90# ASSUME LATERAL LOAD@ 5' TO THE TOP OF FOOTING MOMENT@ BASE OF COLUMN M=.09"~=.45K' 5reqd=.45• I 2/(3G•.GG)=.22731N"' 3 O.K. SOIL TYPE .. 0 .. THE DEPTH OF FOOTING MA551VE CR.Y5TALLINE BEDROCK 2.5' SEDIMENTARY AND FOLIATED ROCK 2.5' SANDY GRAVEL AND/OR GRAVEL 3' SAND. 51l1Y SAND, Cl.AVEY SAND, 51LiY GRAVEL AND CLAYEY GRAVEL 3,5' CLAY, SANDY CLAY, 51L'TY CLAY AND CLAYEY SILT 4· 10.A.b Packet Pg. 371 Attachment: Mission Bell Cement Foundation Design OCR (3013 : 150th Committee El Camino Bell) BAY BUILDING DESIGNERS 4G7 ARCHCOVE COURT, SAN JOSE, CA 951 I I -I73G PH. (408) 22G-9541, FAX. (408) 22G-9427 FOOTING DESIGN: 200 l CALIFORNIA BUILDING CODE I 80G.8.2. I NONCONSTRAINED D=A/2·( I+( I +4.3G"tVA)A .5) A=2.34"P/(5 I "B) B= I' DIAMETER Of ROUND FOOTING CONCRETE COMPRESSION STRENGTH Fc'=2.5K5I H=5' DISTANCE FROM GROUND SUR.FACE TO THE POINT Of P (NEGLECT THE TOP 12• TOP SOIL) 51 =ALLOWABLE LATERAL SOIL-BEARING PRESSURE AS SET FORTH IN TABLE 18-1-A BASED ON A DEFTH Of ONE THIRD THE DEPTH OF EMBEDMENT FOR MASSIVE CRYSTALLINE BEDROCK ASSUME THE DEPTH Of FOOTING 2.5' 51 = I .2"2.5/3= I D=N2"( I+( I +4.3G"H/A)"' .5) A=2.34"P/(5 I "B)=2.34· .09/( 1 • 1 )=.22 D=.22/2"( I+( I +4.3G"5/.22)"' .5)= 1.22' < 2.5' O.K. FOR SEDIMENTARY AND FOLIATED ROCK ASSUME THE DEPTH OF FOOTING 2.5' 51 =.4*2.5/3=.34 D=N2"( I+( I +4.36.H/A)" .5) A=2.34"f'/(5 I •B)=2.34" .09/(.34• l )=.62 D=.G2/2"(1 +( I +4.3G"5/.G2)"' .5)=2. I 8' < 2.5' O.K. FOR SANDY GRAVEL AND/OR GRAVEL ASSUME THE DEPTH OF FOOTING 3' 51 =.2"3/3=.2 D=N2"( I +(I +4.3G'"H/A)" .5) A=2.34*P/(5 l "6)=2.34"'.09/(.2" J )= I .OG D= I .0(;./2"{ I+{ I +4.3G"5/ I .OG}" .5}=2.99' < 3' O.K. FOR SAND, SILTY SAND, CLAYEY SAND, SILTY GRAVEL AND CLAYEY GRAVEL ASSUME THE DEPTH OF FOOTING 3.5' 51 =. I 5"3.5/3=. I 8 D=N2"( I +(I +4.3G"H/A)" .5) A=2.34"P/(5 I "B)=2.34".09/(. J 8" I)= I. 17 D= I. I 7/2"(t +( I +4.3G"5/I. I 7)"' ,5)=3. 18' < 3.5' O.K. FOR CLAY, SANDY CLAY, SILTY CLAY AND CLAYEY SILT ASSUME THE DEPTH OF FOOTING 4' 51 =. I "4/3=. I 3 D=N2"( I+( I +4.3G"H/A)" .5) A=2.34"P/(5 I *6)=2.34" .09/(.13" I)= I .G2 D= I .G2/2"( I+( I +4.3G'"5/ I .G2) ,,.,_ .5)=3.89' < 4' O.K. SOIL TYPE "D" THE DEPTH OF FOOTING MASSIVE CRYSTALLINE BEDROCK 2.5' SEDIMENTARY AND FOLIATED ROCK 2.5' SANDY GRAVEL AND/OR. GRAVEL 3' SAND, SILTY SAND, CLAYEY SAND, SILTY GRAVEL AND CLAYEY GRAVEL 3.5' CLAY, SANDY CLAY, SILTY CLAY AND CLAYEY SILT 4' 2 10.A.b Packet Pg. 372 Attachment: Mission Bell Cement Foundation Design OCR (3013 : 150th Committee El Camino Bell) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Establishment of a City Council Ad Hoc Subcommittee to Address the City's Homeless Issue and Appoint Members to Serve on the Subcommittee Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim 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 Approve the establishment of a Homelessness Ad Hoc Subcommittee of Council, and appoint up to three City Council Members to serve on the subcommittee. EXECUTIVE SUMMARY On September 8, 2020 at the City Council study session, staff presented a report on the current issues the homeless population is creating for the City. This report presented information on the issues and challenges faced by staff in dealing with this difficul t population, and the impacts it is creating with members of our community. Staff and the City Council realizes that homelessness issues are complicated and no doubt that there is great value in developing partnerships and working with our neighbors as this problem not contained by City limits – it is regional, statewide and national. 10.B Packet Pg. 373 BACKGROUND Homelessness is a challenge for many communities and Gilroy is no exception. The number of people experiencing homelessness in Gilroy and the Bay Area has dramatically increased in recent years and with the Covid-19 pandemic, Gilroy has seen changes in the level and types of services needed to support this population. At one time, the City could look to the State or County to provide services and assistance to this population, but as Gilroy has continued to witness – those services are not adequate to address the growing problem. The 2019 Santa Clara County “Homeless Census and Survey” conducted county-wide in January and February reported an increase of County home lessness of 31.3% (7,394 to 9,706) from the last survey conducted in the 2017. Major factors in homelessness include housing costs, lack of employment, mental health issues, and substance addiction amongst others. We, as a city are not equipped to address many of the factors, but we do play an important role due to our ability to connect those in need with the services they require. We, as an organization, have limited internal knowledge and capacity to address many of the issues, but we continue to learn and engage those that can assist us. Just recently, the City Council approved the creation of a “Program Administrator” who is now serving as the City’s point-person in addressing the needs of our most vulnerable populations including homeless, seniors, disabled, those with food insecurity, economically disadvantaged, and others. This was a significant step for the City as it identified that the City needed to begin to address these issues and thus allocated resources to do so. Although Gilroy cannot solve the homelessness issue alone, it can be part of the solution by taking steps, both small and large, in addressing the impacts created by homelessness, to those who experience it and members of our community impacted by it. ANALYSIS Homelessness and the homeless population in our community present a very difficult, challenging and complicated issue to understand. Coming up with solutions and recommendations that the City would like to accomplish in dealing with this complex issue will require working with city staff, affected residents, businesses, other jurisdictions, and agencies currently working with this population. The City can then utilize the information gathered in meaningful discussions to formulate plans that begin to prioritize solutions, funding and services aimed at helping to alleviate the current homeless/homelessness problems facing our community. 10.B Packet Pg. 374 At the September 8, 2020 study session, Council supported the creation of some type of Council subcommittee to begin deliberations concerning the City’s next steps in addressing homelessness. Staff recommends that Council create an Ad Hoc Committee made up of three Councilmembers that can meet with affected residents, businesses, nonprofit agencies serving the homeless and other jurisdictions to understand all the issues presented by the homeless in our community and then formulate a plan of action that prioritizes solutions, services and funding for the City. The Committee should plan on meeting with stakeholders over the next six months to begin evaluating and understanding the magnitude of the problem and the services currently being provided to the homeless. The intent would be to have several meetings before the end of the calendar year that will allow Council to incorporate recommendations into the City’s next budget cycle. ALTERNATIVES Alternatives that can be considered to work on Homeless Issues are the following: 1) Create a Brown Act Standing Committee with four Council Members. 2) Create a Committee with City Council members, rep resentatives from impacted businesses, faith based agencies, homeless service providers and residents. 3) Delegate work to City staff to meet with citizens, business, and providers of services to the homeless and come back with recommendations to the City Council. Attachment A identifies how surrounding jurisdictions in Santa Clara County handle homeless issues within their communities. FISCAL IMPACT/FUNDING SOURCE Staff is in the process of assessing how much city, state and federal funding is being used in Gilroy on dealing with the homeless issue. Once we have this information , it will be presented to the City Council. Staffing for the City Council Committee if created will be staffed by the Program Administrator in the Office of the City Administra tor, the Police Department and other City Departments as needed. CONCLUSION 10.B Packet Pg. 375 As presented and discussed at the Study Session on September 8, 2020, homelessness and the homeless problem in our community is a very complicated issue, one that will take time to assess the totality of this issue. This assessment can be done by meeting individually or in group settings with all the affected stakeholders. These include residents, businesses and agencies working with the homeless population in order to formulate a plan with some solutions and recommendations for City Council consideration. NEXT STEPS If approved, staff will commence the Ad Hoc committee and begin to schedule meetings. Attachments: 1. Attachment A - Benchmarks 10.B Packet Pg. 376 Attachment A Homelessness Programs in Surrounding Santa Clara County Communities Morgan Hill The City of Morgan Hill has the "Focus" Safe Parking Program (Focus Program) a pilot project created in collaboration by the City of Morgan Hill, Morgan Hill Police Department, County of Santa Clara, Morgan Hill Unified School District (MHUSD), Gilroy Compassion Center and the local faith based community. The Focus Program is designed to provide respite and resources for local unsheltered families or persons living in cars or RV's. The goal of the Focus Program is to facilitate family transition to more stable housing. This program is currently houses 8 families at a time and the City has budgete d $33,750 this Fiscal Year for porta -pottie services, Program and Case Management. The City has budgeted funds for FY21/22 as well. San Jose Has a robust Homelessness Program with the Neighborhood Services and Education Committee (NSE) a Brown Act Committee with the purpose to serve, foster, and strengthen community by providing access to lifelong learning, opportunities to enjoy life, ensuring a diverse range of housing opportunities, and preserving healthy neighborhoods. San Jose is creating emergency housing for homeless by building at three different sites, modular units to house more than 100 beds each. The project’s total budget is $6.4 million, of which $5.2 million is for construction. It is being funded by the State Housing and Homelessness Assistance Program (HHAP) Mountain View The City collaborates with Santa Clara County, the Community Services Agency (CSA) and other local nonprofits to improve short and long-term community outcomes with regard to homelessness. Palo Alto No Homelessness Programs Found on their website City of Santa Clara The City has an Emergency Rental Assistance Program and provides Homeless Assistance through an Emergency Assistance Network and Tenant Based Rental Assistance Program and referral to Non -Profit Agencies. City of Saratoga No City Council Committees or services to homeless found on their website. Town of Los Gatos No Town Council Committee or programs on their website to deal with homeless. 10.B.a Packet Pg. 377 Attachment: Attachment A - Benchmarks (3021 : Homeless Ad Hoc Committee) City of Gilroy STAFF REPORT Agenda Item Title: Consent to the Appointment of James B. Wyatt, Jr. as Fire Chief Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim 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 Consent to the Interim City Administrator’s recommendation to appoint James B. Wyatt, Jr. to the Department Head position of Fire Chief. BACKGROUND Since January of 2019, the ongoing Gilroy Fire Chief position has been vacant . The vacancy was created when Fire Chief Alan Anderson retired in December 2018. While the city has been in good hands with two experienced Interim Fire Chiefs during this time period, the city had not been able to identify a strong fit for the ongoing Gilroy Fire Chief position following two search processes in 2019. More recently, in June 2020, an additional recruitment process was initiated and from that process a finalist has been identified. After a series of panel interviews comprised of subject matter experts (Fire Chiefs and City Manager), members of the Senior Leadership Team, and the Interim City 10.C Packet Pg. 378 Administrator, a top finalist was selected for the Fire Chief position, current Fire Division Chief James B. Wyatt, Jr. Interim City Administrator Forbis is recommending Jim Wyatt to be appointed as Gilroy’s next Fire Chief as he has been identified as a strong fit for this position. Division Chief Wyatt brings over thirty-five years of fire and emergency medical service experience to the position. He was hired by the Gilroy Fire Department in 2014 as a part-time Emergency Medical Services Coordinator/Acting Division Chief. In February 2018, Jim was hired to the full-time position of Fire Division Chief serving in both a field operations capacity and managing Gilroy’s emergency medical services programs. Prior to working in Gilroy, Jim worked for the San Jose Fire Department for twenty-five years, starting at the rank of Firefighter and rising to the rank of Battalion Chief. Prior to San Jose, Jim worked for the Campbell Fire Department for two and a half years as a Firefighter/Paramedic. Given his passion for excellence in the profession and teaching, Jim has worked as an instructor for both Mission College and Foothill Community College where he has provided Emergency Medical Technician, Paramedicine, and Clinical Coordinator instruction to students learning to become paramedics and firefighters. Jim has been instrumental in supporting the Gilroy Fire Department, city organization, and community throughout the current COVID-19 pandemic. During this unprecedented time, he has developed policies and protocols to protect Gilroy fire personnel responding to COVID-19 calls for service throughout the community. Through Jim’s leadership and direction, Gilroy’s personnel have been well-protected and to date not one Gilroy firefighter has been diagnosed with COVID-19. Jim’s passion, expertise, and commitment to service allowed Gilroy to implement the State of California’s first fire-based Community Paramedicine Behavioral Health Program. Providing service to Gilroy’s unhoused population and those with addiction and mental health challenges is important and Jim’s tenacity to create partnerships, acquire grant funding and put the program in place formed the path for the department to provide this additional service. However, one thing that really stood out about Division Chief Wyatt is his dedication to the Gilroy community. Jim is a Gilroy resident and wants to do the very best job for his community. He truly believes in “first in service to the community” and making sure the Gilroy community is protected and receiving the very best fire and emergency medical response is his top priority. In addition, he is very well respected amongst the Gilroy fire personnel. COMPENSATION Jim Wyatt’s starting salary for the Fire Chief position will be $196,200 annually, plus benefits. As with all managers in the city, Jim will continue to realize a temporary pay 10.C Packet Pg. 379 reduction of 9.23076% to the above stated salary through June 30, 2022 as part of the city’s overall budget reductions. RECOMMENDATION The Interim City Administrator recommends that the City Council consent his recommendation to appoint Jim Wyatt to the position of Fire Chief. NEXT STEPS Upon consent of the City Council and issuance of a final offer letter, Jim Wyatt will begin employment as Fire Chief on October 1, 2020. 10.C Packet Pg. 380 City of Gilroy STAFF REPORT Agenda Item Title: Consent to the Appointment of Pedro Espinoza as Police Chief Meeting Date: September 21, 2020 From: Jimmy Forbis, Interim 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 Consent to the Interim City Administrator’s recommendation to appoint Pedro Espinoza to the Department Head position of Police Chief. BACKGROUND In early June 2020, the City commenced a recruitment process to fill the Police Chief position. This was necessitated by the June 1, 2020 retirement of Police Chief Scot Smithee. Chief Smithee agreed to remain onboard as the Interim Police Chief (retired annuitant) until we could complete the recruitment process. Following the review of applications, a qualified, experienced candidate was identified. After a series of panel interviews comprised of subject matter experts (Police Chiefs and City Manager), a diverse community panel, members of the Senior Leadership Team, and the Interim City Administrator, a top finalist was selected for the Police Chief position, current Police Captain Pedro Espinoza. Interim City Administrator Forbis is 10.D Packet Pg. 381 recommending Pedro Espinoza to be appointed as Gilroy’s next Police Chief as he has been identified as a strong fit for this position. Captain Espinoza brings over twenty-five years of law enforcement experience to the position. He was hired by the Gilroy Police Department in 2003 as a Patrol Officer rising to the rank of Police Corporal in 2009 and Police Sergeant in 2010. In 2015, Pedro was promoted to the management-level position of Police Captain, a rank he has held for the last five years. While in the position of Police Captain, Pedro completed assignments in field operations and administration. During his career, Pedro has taken on critical roles for the department to include Tactical Commander of the Regional SWAT/Hostage Negotiations Team. He has also served as a Detective in the Investigations Unit, a Task Force Agent with the Department of Justice Unified Narcotics Enforcement Team, and a Field Training Officer. Prior to working for the Gilroy Police Department, Pedro served the community of Vacaville as a Patrol Officer and Detective and the UC Davis Police Department as a Patrol Officer. Police training has always been a focus of Pedro throughout his career and from 2005 to present, he has served as an instructor for the South Bay Regional Training Consortium/Police Academy. Captain Espinoza has been preparing himself for the Police Chief position for some time. In addition to the work experience noted above, Pedro has attained his bachelor’s degree in Sociology from California State University, Chico. He holds a Management Certificate from the State of California Commission on Police Officer Standards and Training and is a 2017 graduate of the Federal Bureau of Investigations (FBI) National Academy. Pedro is also a 2015 graduate of the Santa Clara County Leadership Academy. Captain Espinoza is strongly committed to serving all members of the Gilroy community. He is bicultural and bilingual and has made a special connection with Gilroy’s Hispanic community. Pedro provided leadership and instruction to the first Citizen’s Police Academy designed for Spanish speaking members of our community. He is acutely aware of the many challenges and changes that are in process and on the horizon for law enforcement and he is eager to lead the department. COMPENSATION Pedro Espinoza’s starting salary for the Police Chief position will be $206,160 annually, plus benefits. As with all managers in the city, Pedro will continue to realize a temporary pay reduction of 9.23076% to the above stated salary through June 30, 2022 as part of the city’s overall budget reductions. RECOMMENDATION The Interim City Administrator recommends t hat the City Council consent his recommendation to appoint Pedro Espinoza to the position of Police Chief. 10.D Packet Pg. 382 NEXT STEPS Upon consent of the City Council and issuance of a final offer letter, Pedro Espinoza will begin employment as Police Chief on October 1, 2020. 10.D Packet Pg. 383