CC 07-18-2023 Searchable Packet.pdf — Cupertino City Council, July 18, 2023 (part 2 of 4)

INTRODUCED at a special meeting of the Cupertino City Council on July 6, 2023 and ENACTED at a regular meeting of the Cupertino City Council on July 18, 2023 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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1 Attachment A – Amendments to Chapter 2.100: Regulation of Lobbying Activities The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows.

2.100.010 Purpose.

The purpose of this chapter is to impose registration and disclosure requirements on those engaged in efforts to influence the decisions of City policy makers for Compensation. Disclosure of Lobbyists’ identities and activities fosters public confidence in government officials by making government decision-making more transparent to the public. Additionally, the disclosure and registration requirements ensure that City Officials are made aware of the interests that Lobbyists represent when the officials are lobbied.

2.100.020 Interpretation.

Unless the term is otherwise specifically defined in this chapter or the contrary is stated, this chapter is intended to be interpreted consistently with the Political Reform Act of 1974, Government Code Section 81000 et seq., as amended from time to time.

2.100.030 Definitions.

For the purposes of this chapter, the following definitions shall be applicable:
(a) “Activity Expense” means any payment made by a Lobbyist to or directly benefiting any City Official, City Official-elect or member of his or her immediate family. Activity Expenses include Gifts, honoraria, consulting fees, salaries and any other form of Compensation, but do not include campaign contributions. (b) “Administrative Action” means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) “At the behest” means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective City Official, City Official-elect or candidate for elective City office.
(d) “City Official” means any public official, or City employee who participates in the consideration of any Legislative Action or Administrative Action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any person working in a capacity as a consultant to the City. (e) “Client” means a Person who is represented by a Contract Lobbyist, but shall not include the employer, if any, of the Contract Lobbyist. 143
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2 (f) “Compensation” includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards. (g) “Contact” means attendance at a meeting with a City Official or City Officialelect, or any direct communication with a City Official or City Official-elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of Lobbying. (h) “Fundraising Activity” means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any City Official, candidate for elective City office or any controlled committee of an elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization are solicited, delivered or made. (i) “Gift” has the definition provided by the California Political Reform Act of 1974, Government Code Section 82028, as amended from time to time. (j) “Independent Expenditure” has the definition provided by the California Political Reform Act of 1974, Government Code Section 82031, as amended from time to time. (k) “Influencing” or “to Influence” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City Official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses. (l) “Intermediary” means a Person who makes a campaign or officeholder contribution on behalf of another Person. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution. A Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution.
(m) “Legislative Action” means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination, or other action of the Mayor, City Council, any City board, committee, or commission or any joint powers authority of which the City is a party, acting in its official capacity, or the granting, approval, or amendment of contracts or agreements to which the City is a party by any of the foregoing. 144
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3 (n) “Lobbying” means making a Contact with a City Official for the purpose of Influencing or attempting to Influence, whether or not successful, a Legislative Action or Administrative Action of the City on behalf of his or her employer or client, except as provided in section 2.100.031.
(o) “Lobbyist” means a Contract Lobbyist or Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any calendar quarter during the preceding twenty-four months; or
(2) Organization Lobbyist: Any Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any calendar quarter during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals employed by an Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist.
(p) “Organization” means any Person that is not an individual. (q) “Person” means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of Persons acting in concert.

2.100.031 Excluded Activities.
(a) For the purposes of this chapter, the following activities shall not be considered Lobbying, and the performance of such activities shall not be considered in determining whether a Person is a Lobbyist:
(1) Any actions taken by a public official acting in his or her official capacity or acting within the scope of his or her employment or appointment; (2)Any actions taken by a Person hired by the City for work performed on behalf of the City, or a Person who prepares documents for consideration by the City under the California Environmental Quality Act, when acting in that capacity; (3) With respect only to Persons who do not otherwise qualify as Lobbyists, appearing at or submitting testimony for any public meeting held by the City or any of 145
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4 its agencies, offices, or departments, as long as the communications thereto are public records available for public review;
(4) Providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; (5) Communicating with City Officials in connection with the administration of an existing contract or agreement between the Person (or its employer) and the City; (6) Meeting with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter.
(7) Communications by designated representatives of a recognized employee Organization to City Officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement;
(8) Submitting bids or responding to requests for proposals while directly communicating with the official or department specifically designated to receive such information;
(9) For purposes of the definition of Organization Lobbyist, actions taken by the owners or employees of a business seeking to obtain a permit or other entitlement, license, or similar Administrative Action generally available to qualifying members of the public. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist;
(10) For purposes of the definition of Organization Lobbyist, actions taken by the Media in the ordinary course of news gathering, reporting, or editorial activity, as generally carried out by members of the professional or amateur press. “Media” shall mean the publishers of newspapers or any other regularly published periodical or newsletter, a radio or television station or network, and Persons who publish information on the Internet. This exemption shall not apply to actions taken on behalf of, or for the benefit of, a Client by a Contract Lobbyist; (11) Communications by individuals who are professionally licensed by a State licensing Organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers, and whose communications are made in the course of professional activity under such license; (12) Actions taken by individuals whose only Compensation for the actions is reimbursement of their own reasonable travel, meals, or incidental expenses; and (13) Actions taken by a nonprofit Organization, or its officers or employees. 146
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5 2.100.040 Registration.

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a Lobbyist under CMC 2.100.030. Should a Lobbyist have a change to its registration information, including, but not limited to, the City Legislative Action or Administrative Action as to which the Lobbyist has been engaged, after the annual registration period, such Lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

2.100.050 Annual registration renewal.

A Lobbyist shall renew their registration by January 15th of each year unless they have terminated their status as a Lobbyist pursuant to CMC 2.100.060 by such date.

2.100.060 Termination of Lobbyist status.

After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of Lobbying services within the City has been filed with the City Clerk no later than January 15th.

2.100.070 Active status.

All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A Lobbyist shall be deemed active for the duration of the year of registration ending December 31st, unless a declaration attesting to termination of Lobbying services within the City is filed.

2.100.080 Registration fees.

Persons subject to the registration requirements of this chapter shall pay an annual fee set by resolution of the City Council.
(a) The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) of this section, if payment occurs after the due date.
(b) In addition to the annual fee, each registrant who is a Contract Lobbyist shall pay a fee set by resolution of the City Council per Client for whom Lobbying is undertaken for Compensation in excess of five hundred dollars ($500.00). The fees for Clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent Clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to CMC 2.100.040. 147
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6 (c) An administrative penalty of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00) in total penalties, will be assessed until in compliance with the registration provisions herein.

2.100.090 Required registration information.

The initial registration shall contain the name, business address, telephone, email addresses and, if applicable, business license of all Persons required to register pursuant to this chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten Persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any. In addition to this information, the report shall contain the following:
(a) Contract Lobbyists: The name, business address, and telephone number of each Client and the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence on behalf of the Client; and the name of each Person employed or retained by the Lobbyist to lobby on behalf of each Client. (b) Organization Lobbyists: The names of owners, officers, or employees engaged in Lobbying on behalf of the Organization, and the item(s) of Legislative Action or Administrative Action t those owners, officers, or employees are seeking to influence. (c) Payment received by the reporting Lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City Official or any City Official-elect or their controlled committees, or ballot measure committee within the previous calendar year. The dates of payment and name of each payer shall be included.
(d) Contacts made with City Officials or City Officials-elect during the preceding calendar year for the purpose of to influence Lobbying, which shall describe the matter that the Lobbyist sought to influence.
(e)Activity Expenses such as payments that directly benefit any City Official, City Official-elect or member of his or her immediate family or domestic partner made during the preceding calendar year. Activity Expenses include Gifts, honoraria, consulting fees, salaries and other forms of Compensation, but do not include campaign contributions.
(f) The name, address, title and telephone number of the Person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted. 148
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7 2.100.100 Semi-annual reports.

Semi-annual reports for the prior six-month period are to be filed with the City Clerk by each Lobbyist on or before July 15th and January 15th of each year, whether or not any Lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each semi-annual report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a Lobbyist has terminated all Lobbying activities during such period, the Lobbyist may file a declaration of termination with the semi-annual report. The final semi-annual report shall include disclosure of any Lobbying activities during the period of termination.

2.100.110 Records retention.

All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City’s records retention schedule and shall be open to public inspection. Copies of the records pertaining to the above-required reports shall be preserved by the Lobbyist for inspection and audit for a period of four years from date of production.

2.100.120 Lobbyist identification.

When appearing in a Lobbying capacity at any meeting with a City Official or at a public meeting of the City Council or any other City board, commission or hearing, a Contract Lobbyist shall identify themself and the Client(s) on whose behalf they are appearing, and an individual representing an individual representing an Organization Lobbyist shall identify themself and the Organization they represent.

2.100.130 Prohibitions.

It shall be unlawful for any Person to knowingly or willfully (as those terms are defined in Penal Code section 7) commit any of the following acts:
(a) Acting as a Lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. (b) Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.

2.100.140 Gifts.

It shall be unlawful for any Lobbyist to deliver or cause to be delivered any Gift to any City Official, and for any City Official to accept any Gift from a Lobbyist. This provision shall be interpreted consistently with Government Code Section 86203. 149
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8 2.100.150 Enforcement.

Persons or entities that violate this chapter may be subject to penalties as set forth in CMC 1.10.150 and 1.12.010.

2.100.160 Injunction.

The City Attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

2.100.170 Exemptions.

Any Person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of CMC 2.100.040 by reason of his or her being excluded under CMC 2.100.031 shall not be deemed to have violated the provisions of this chapter if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration.
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CITY OF CUPERTINO
Agenda Item
23-12419 Agenda Date: 7/18/2023
Agenda #: 5.

Subject: Consider authorizing the City Manager to execute the Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a Limited Liability Company for Gymnastics Classes and Programs
Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, increasing the amount by $643,028.80 for a total amount not to exceed $817,028.80 and extending the term of the agreement to December 31, 2026
CITY OF CUPERTINO Page 1 of 1 Printed on 7/12/2023
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CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Consider authorizing the City Manager to execute the Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a Limited Liability Company for Gymnastics Classes and Programs.

Recommended Action
Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, increasing the amount by $643,028.80 for a total amount not to exceed $817,028.80 and extending the term of the agreement to December 31, 2026.

Reasons for Recommendation
Background
The City has been offering gymnastic classes and programs for children ages one to twelve at the Monta Vista Recreation Center for over 40 years. In 2019, the Parks and Recreation Department conducted a Request for Qualifications and selected Red Line Gymnastics LLC, DBA Bay Aerials Gymnastics, a limited liability company, (“Bay Aerials Gymnastics”) to be awarded a contract to provide gymnastics classes and programs under the City Manager’s authority. Programming with this contractor began in January 2022.

The contract terms are a 60/40 split on revenue collected for classes and camps with the contractor receiving 60% and the City receiving 40% of the revenue from registration. The contractor administers the program, including hiring and training any instructors as well as providing and maintaining the specialized equipment. The city provides the facility, registration program and processing, and a listing in the recreation class schedule. Offering specialty recreation classes and programs through contracts such as these are an industry standard and occur commonly in surrounding cities such as Campbell, Sunnyvale, Santa Clara, and Mountain View.

Bay Aerials Gymnastics began building and establishing a reputation for the program and 152
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participation has steadily and consistently increased. With the success and growth of the program three amendments have been executed under the City Manager’s authority to increase the total contract amount and extend the term of the agreement. As with all classes and programs offered through the Parks and Recreation Department, an increase in registration reflects greater community interest in the offerings and results in increased revenue for the City. The contract amendment requested will exceed the City Manager’s purchasing authority under Cupertino Municipal Code section 3.22.060(A) and the City’s Purchasing Policy. Increasing this contract would allow the gymnastic classes and programs to continue to be offered through December 2026 and continue to produce revenue for the City that exceeds the amount paid to the instructor.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
The City currently has an agreement with Bay Aerials Gymnastics to administer the gymnastics program at Monta Vista Recreation Center. The gymnastics program offered at Monta Vista Recreation Center is run through G/L account 580-62-630 Outdoor Recreation.

The extended term of the contract will cover programmatic costs and estimates through December 31, 2026.

Calendar Year Gross
Revenue
Contractor
Payment
Net
Revenue
2022 Actuals $ 149,110.00 $ 89,466.00 $ 59,644.00
2023 Actuals (to date) $ 84,508.00 $ 50,704.80 $ 33,803.20 2023 Projected (July to December) $ 158,333.33 $ 95,000.00 $ 63,333.33 2024 Projected $ 279,268.33 $ 167,561.00 $ 111,707.33
2025 Projected $ 321,160.00 $ 192,696.00 $ 128,464.00
2026 Projected $ 369,335.00 $ 221,601.00 $ 147,734.00
Total $ 1,361,714.67 $ 817,028.80 $ 544,685.87
California Environmental Quality Act
The proposed contract amendment is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (operation of an existing facility).

Prepared by: Jenny Koverman, Recreation Manager
Reviewed by: Rachelle Sander, Director of Parks and Recreation Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Bay Aerials Gymnastics Agreement, First, Second, and Third Amendments B – Draft Fourth Amendment
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No. ___________
FY2022 - 2023

RECREATION SERVICES AGREEMENT

1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“ City”), and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS Contractor”), a Limited Liability Company for Gymnastics Classes and Programs and is effective on the last date signed below (“Effective Date”).

2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A.

3. Term. This contract begins on the Effective Date and ends on 06/30/ 2023 (“ Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’ s purchasing policy.

4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $ 75,000.00 Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices.

Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

5. Independent Contractor.

5.1 Contractor is an independent Contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor’s performance of the Services. Contractor is not entitled to City’s health benefits, worker’s compensation or any other benefit. Contractor must have the skills 154
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and qualifications to perform the Services in a competent and professional manner.

Contractor will supply all tools, materials, and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code.

5.2 Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes.

City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’ s total expenses under this Agreement are not greater than they would have been had the determination not been made.

6. Proprietary/ Confidential Information. To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it as confidential and use it solely to perform this Agreement. Contractor must exercise the same standard of care to protect City information as a reasonably prudent Contractor would use to protect its own proprietary data.

7. Ownership of Materials. To the extent Contractor prepares written material, drawings, or data in connection with this contract, City will have the property rights to those materials and all copyrights, if any, to such work product will, to the extent requested by City, constitute City property upon completion of the work to be performed hereunder or upon termination of this Agreement.

8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor’s services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’ s final payment.
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9. Assignment. This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services.

10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions.

The words “ City of Cupertino” shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or under this Agreement, without prior written approval from City.

11. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and contractors ( collectively, “ Indemnitees”), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of orin any way related to Contractor’s or Contractor’s agents performance of this contract ortheServices.

This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor’ s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract. This Section 11 shall survive termination of the Agreement.

12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion, may purchase insurance and deduct the costs from payments to Contractor, orterminate the Agreement.

13. Compliance with Laws and Other City Requirements.

Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain to fair employment and anti-discrimination practices. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.

If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff 156
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capacity, and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees.

Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements:

A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement.

B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.

C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 andwith the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. ( Refer to Center for Disease Control & Prevention, https://www.cdc.gov/headsup/index.html).

D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235.

Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant.

Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control & Prevention (link cited above).

E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual.

This contract requires services for children.

14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor’s designation and any substitution are subject to City approval.

For City:

Name: Karen Levy
Position: Recreation Coordinator
Contact: karenl@cupertino. org
For Contractor:

Name: John Aquirre
Position: Owner
Contact: john@bayaerials. com

15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City.

16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 157
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17. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City’ s request, Contractor is required to continue to provide Services pending resolution of any dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. Attorney Fees. If City is required to pursue litigation, arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives this Agreement.

19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.

20. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant, or condition, or a subsequent breach, whether the same or a different character.

21. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract shall prevail and be controlling.

22. Inserted Provisions. Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision.

23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement.

24. Severability/ Partial Invalidity. If any contract term or provision, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other contract terms and provisions and their application to specific situations will remain in full force and effect.

25. Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement.

26. Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the 158
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Recreation Services Agreement/ Rev. June 2021

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date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission.

To City of Cupertino:

Office of the City Manager
10300 Torre Ave., Cupertino, CA 95014
Cc: Representative/Coordinator: Karen Levy
Email: [email protected]
To Contractor: RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS
4883 Davenport Place,
Fremont, CA 94538
Cc: Representative/Coordinator: John Aquirre
Email: john@bayaerials. com

27. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this contract to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date

CONTRACTOR
By
Name
Title
Date
Tax I.D. No.: Refer to W9
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
john aguirre
Jan 10, 2022
Manager Member
Christopher D. Jensen
Rachelle Sander
Jan 10, 2022
Assistant Director of Parks and Recreation
Jan 10, 2022
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Updated 06/23/21

EXHIBIT A

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Gymnastics Classes and Programs in, but not limited to, the following:

Sweet Peas Gymnastics Levels 1-5, Girls Gymnastics Beginner and Advanced Beginner, Lil Ninjas 3-5, Cupertino Ninjas
Location and Time of CONTRACTOR Services:

Refer to the City’s Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“class”). The City, at its sole discretion, may change the agreed dates, times and locations of a class, or may cancel a class.

Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 60% of resident fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

The total compensation to the Contractor shall not exceed $ 75,000.00.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

Minimum: 4
Maximum: 10
If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor.

List of all Contractor Employees working for the City of Cupertino (if no Employees, identify self”):

See attached list of employees.

Performance of CONTRACTOR Services:
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Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

In the case Contractor unilaterally cancels performance of a class without City approval, City reserves the right to immediately and without notice cancel the remainder of classes offered and or performed by Contractor.

COVID- 19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by Contractor with any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). Contractor shall comply with all applicable Health Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply with any City protocols designed to help prevent the spread of COVID-19. Contractor acknowledges that the need to comply with the Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement.

Registration, Enrollment, and Supervision
The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them.

EXHIBIT D
Contractor’ s Mandated Reporter Declaration
The undersigned does hereby certify that:

1. I am a representative of RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS; that I am familiar with the facts herein and am authorized and qualified to execute this declaration.

2. I declare that RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’ s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3.

3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq.

4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1.

5. That a complete and accurate list of Contractor’ s employees, who may come in contact with minors during the course and scope of the Agreement, are included below.

6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor.

7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply.

List of all Contractor Employees working for the City (if no Employees, identify “ self”):

See attached list of employees.

8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino.

I declare under penalty of perjury that the foregoing is true and correct.

CONTRACTOR
By
Name
Title
Date
1386923. 1
Jan 10, 2022
Manager Member
john aguirre
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List of all Contractor Employees working for the City of Cupertino ( if no Employees, identify self”):

Gloria Santos Moreno Jessica Montes Harrison Yee Tiffany Nguyen 170
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Red Line Gymnastics LLC DBA Bay Aerials
Gymnastics Contract FY 2022-2023
Final Audit Report 2022- 01-11
Created: 2022- 01-10
By: Kevin Khuu ( KevinK@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAdahbpcosH- uro3EgyBysvJYlPnN2v9Kn Red Line Gymnastics LLC DBA Bay Aerials Gymnastics Contra ct FY 2022-2023" History
Document created by Kevin Khuu ([email protected])
2022- 01- 10 - 10:47:55 PM GMT- IP address: 73.202. 165. 202 Document emailed to Araceli Alejandre ([email protected]) for approval 2022- 01- 10 - 10:50:37 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2022- 01-10 - 10:55:20 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to john aguirre ([email protected]) for signature 2022- 01- 10 - 10:55:22 PM GMT
Email viewed by john aguirre ([email protected])
2022- 01- 10 - 11:10:24 PM GMT- IP address: 172. 226. 36.32 Document e-signed by john aguirre ([email protected]) Signature Date: 2022- 01-10 - 11:12:01 PM GMT - Time Source: server- IP address: 107. 116. 89.88 Document emailed to Christopher D. Jensen ([email protected]) for signature 2022- 01- 10 - 11:12:03 PM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2022- 01- 10 - 11:19:20 PM GMT- IP address: 104. 47.73.254 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2022- 01-10 - 11:19:39 PM GMT - Time Source: server- IP address: 136. 24.42.212 Document emailed to Rachelle Sander ([email protected]) for signature 2022- 01- 10 - 11:19:42 PM GMT
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Email viewed by Rachelle Sander ( rachelles@cupertino. org) 2022- 01- 10 - 11:23:21 PM GMT- IP address: 104. 47.73.126 Document e-signed by Rachelle Sander ([email protected]) Signature Date: 2022- 01-11 - 0:40:59 AM GMT - Time Source: server- IP address: 73.158. 59.6 Document emailed to Kirsten Squarcia ([email protected]) for signature 2022- 01- 11 - 0:41:01 AM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2022- 01- 11 - 0:41:15 AM GMT- IP address: 172. 226. 4.30 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2022- 01-11 - 0:41:30 AM GMT - Time Source: server- IP address: 162. 245. 20.145 Agreement completed.
2022- 01- 11 - 0:41:30 AM GMT
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1 FIRST AMENDMENT TO AGREEMENT 22-005 BETWEEN THE

CITY OF CUPERTINO AND RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS FOR GYMNASTICS

CLASSES AND PROGRAMS
This First Amendment to Agreement 22-005 between the City of Cupertino and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter " City") and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS, a Limited Liability Company (“ Contractor”) whose address is 4883 Davenport Place, Fremont, CA 94538, and is made with reference to the following:

RECITALS:

A. On January 10, 2022, Agreement 22-005 (“Agreement”) was entered into by and between City and Contractor for Gymnastics Classes and Programs.

B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:

1. Paragraph 4 of the Agreement is modified to read as follows:

City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $ 107,000.00 (“ Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A-1. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. Contractor must submit invoices and the information requirement in Exhibit A-1 in order to receive payment.

City will compensate Contractor within thirty ( 30) days after approval of written invoices.

Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, and disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

2. Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-348 75,000.00
Amendment 1 2022-348 32,000.00
107,000.00
1429656.1
john aguirre
Manager Member
May 9, 2022
Christopher D. Jensen
Assistant Director of Parks and Recreation
May 16, 2022
Kirsten Squarcia 5/16/22
Kirsten Squarcia 5/16/22
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EXHIBIT A-1

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Gymnastics Classes and Programs in, but not limited to, the following:

Sweet Peas Gymnastics Levels 1-5, Girls Gymnastics Beginner and Advanced Beginner, Lil Ninjas 3-5, Cupertino Ninjas
Location and Time of CONTRACTOR Services:

Refer to the City’ s Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“ class”). The City, at its sole discretion, may change the agreed dates, times and locations of a class, or may cancel a class.

Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 60% of resident fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

The total compensation to the Contractor shall not exceed $107,000.00.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

List of all Contractor Employees working for the City of Cupertino (if no Employees, identify self”):

See attached list of employees.

Performance of CONTRACTOR Services:
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Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

COVID- 19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by Contractor with any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVID-19 pandemic (collectively, “ Health Laws”). Contractor shall comply with all applicable Health Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply with any City protocols designed to help prevent the spread of COVID- 19. Contractor acknowledges that the need to comply with the Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement.

Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 176
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Gymnastics Classes and Programs
Final Audit Report 2022- 05-16
Created: 2022- 05-09
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAA_ aEJHDetN2cvpiO8TgPKFwBCI- yrSRqi Gymnastics Classes and Programs" History
Document created by City of Cupertino ([email protected]) 2022- 05- 09 - 11:33:12 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2022- 05- 09 - 11:35:39 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2022- 05-09 - 11:41:02 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to john aguirre ([email protected]) for signature 2022- 05- 09 - 11:41:04 PM GMT
Email viewed by john aguirre ([email protected])
2022- 05- 09 - 11:43:38 PM GMT- IP address: 69.147. 91.62 Document e-signed by john aguirre ([email protected]) Signature Date: 2022- 05-09 - 11:47:04 PM GMT - Time Source: server- IP address: 24.4.202. 20 Document emailed to Christopher D. Jensen ([email protected]) for signature 2022- 05- 09 - 11:47:06 PM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2022- 05- 09 - 11:47:51 PM GMT- IP address: 104. 47.74.126 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2022- 05-09 - 11:48:11 PM GMT - Time Source: server- IP address: 136. 24.42.212 Document emailed to Rachelle Sander ([email protected]) for signature 2022- 05- 09 - 11:48:13 PM GMT
Email viewed by Rachelle Sander ([email protected]) 2022- 05- 10 - 4:35:44 PM GMT- IP address: 104. 28.116. 132 177
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Document e-signed by Rachelle Sander ( rachelles@cupertino. org) Signature Date: 2022- 05-16 - 9:21:46 PM GMT - Time Source: server- IP address: 73.158. 59.6 Document emailed to Kirsten Squarcia 5/16/22 ([email protected]) for signature 2022- 05- 16 - 9:21:49 PM GMT
Email viewed by Kirsten Squarcia 5/16/22 ([email protected]) 2022- 05- 16 - 9:36:54 PM GMT- IP address: 104. 47.74.126 Document e-signed by Kirsten Squarcia 5/16/22 ([email protected]) Signature Date: 2022- 05-16 - 9:38:12 PM GMT - Time Source: server- IP address: 64.165. 34.3 Agreement completed.
2022- 05- 16 - 9:38:12 PM GMT
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1 SECOND AMENDMENT TO AGREEMENT 22-005 BETWEEN

THE CITY OF CUPERTINO AND RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS FOR GYMNASTICS

CLASSES AND PROGRAMS
This Second Amendment to Agreement 22-005 between the City of Cupertino and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS is by and between the CITY OF CUPERTINO, a municipal corporation ( hereinafter " City") and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS, a Limited Liability Company (“ Contractor”) whose address is 4883 Davenport Place, Fremont, CA 94538, and is made with reference to the following:

RECITALS:

A. On January 10, 2022, Agreement 22-005 (“Agreement”) was entered into by and between City and Contractor for Gymnastics Classes and Programs.

B. On May 16, 2022, City and Contractor agreed to the First Amendment for Gymnastics Classes and Programs.

C. The Agreement and First Amendment are collectively referred to as the “Agreement” unless otherwise indicated.

D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:

1. Paragraph 4 of the Agreement is modified to read as follows:

City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $ 150,000.00 (“ Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A-2. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. Contractor must submit invoices and the information requirement in Exhibit A-2 in order to receive payment.

City will compensate Contractor within thirty ( 30) days after approval of written invoices.

Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, and disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

2. Exhibit A-1 of the Agreement is replaced with a new Exhibit A-2 attached hereto.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 179
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2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-348 75,000.00
Amendment 1 2022-348 32,000.00
Amendment 2 2023-80 43,000.00
150,000.00
1429656.1
John Aguirre
Manager Member
Mar 16, 2023
Christopher D. Jensen
Director of Parks and Recreation
Mar 16, 2023
Mar 16, 2023
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EXHIBIT A-2

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Gymnastics Classes and Programs in, but not limited to, the following:

Sweet Peas Gymnastics Levels 1-5, Girls Gymnastics Beginner and Advanced Beginner, Lil Ninjas 3-5, Cupertino Ninjas
Location and Time of CONTRACTOR Services:

Refer to the City’ s Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“ class”). The City, at its sole discretion, may change the agreed dates, times and locations of a class, or may cancel a class.

Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 60% of resident fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

The total compensation to the Contractor shall not exceed $150,000.00.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

List of all Contractor Employees working for the City of Cupertino (if no Employees, identify self”):

See attached list of employees.

Performance of CONTRACTOR Services:
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Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

COVID- 19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by Contractor with any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVID-19 pandemic (collectively, “ Health Laws”). Contractor shall comply with all applicable Health Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply with any City protocols designed to help prevent the spread of COVID- 19. Contractor acknowledges that the need to comply with the Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement.

Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 182
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Gymnastics Classes and Programs
Final Audit Report 2023- 03-16
Created: 2023- 03-16
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAYhCMchBV5qGHmW- KMvm96AL9pNKBKVti Gymnastics Classes and Programs" History
Document created by City of Cupertino ([email protected]) 2023- 03- 16 - 2:55:35 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2023- 03- 16 - 2:57:55 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2023- 03-16 - 3:02:55 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to [email protected] for signature
2023- 03- 16 - 3:02:56 PM GMT
Email viewed by [email protected]
2023- 03- 16 - 7:15:50 PM GMT- IP address: 69.147. 90.148 Signer [email protected] entered name at signing as John Aguirre 2023- 03- 16 - 7:17:27 PM GMT- IP address: 12.23.20.158 Document e-signed by John Aguirre ([email protected]) Signature Date: 2023- 03-16 - 7:17:29 PM GMT - Time Source: server- IP address: 12.23.20.158 Document emailed to [email protected] for signature 2023- 03- 16 - 7:17:30 PM GMT
Email viewed by christopherj@cupertino. org
2023- 03- 16 - 7:18:49 PM GMT- IP address: 104. 47.73.126 Signer [email protected] entered name at signing as Christopher D. Jensen 2023- 03- 16 - 7:19:03 PM GMT- IP address: 64.165. 34.3 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2023- 03-16 - 7:19:05 PM GMT - Time Source: server- IP address: 64.165. 34.3 189
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Document emailed to Rachelle Sander ( rachelles@cupertino. org) for signature 2023- 03- 16 - 7:19:07 PM GMT
Email viewed by Rachelle Sander ([email protected]) 2023- 03- 16 - 7:21:31 PM GMT- IP address: 104. 47.73.254 Document e-signed by Rachelle Sander ([email protected]) Signature Date: 2023- 03-16 - 7:22:03 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Kirsten Squarcia ([email protected]) for signature 2023- 03- 16 - 7:22:05 PM GMT
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1 THIRD AMENDMENT TO AGREEMENT 22-005 BETWEEN THE

CITY OF CUPERTINO AND RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS FOR GYMNASTICS

CLASSES AND PROGRAMS
This Third Amendment to Agreement 22-005 between the City of Cupertino and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNAS
is 4883 Davenport Place, Fremont, CA 94538, and is made with reference to the following:

RECITALS:

A. On January 10, 2022, Agreement 22-
between City and Contractor for Gymnastics Classes and Programs.

B. On May 16, 2022, City and Contractor agreed to the First Amendment for Gymnastics Classes and Programs.

C. On March 16, 2023, City and Contractor agreed to the Second Amendment for Gymnastics Classes and Programs.

D. The Agreement, First Amendment, and Second Amendment are collectively referred E. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3 of the Agreement is modified to read as follows:

Term. This contract begins on the Effective Date and ends on 08/31 unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring

2. Paragraph 4 of the Agreement is modified to read as follows:

Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $174,000.00 and rates
included in Exhibit A-3. The maximum compensation includes all costs, expenses, and amount. Contractor must submit invoices and the information requirement in Exhibit A-3 in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business 191
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2 payrolls, expenditures, and disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

3. Exhibit A-2 of the Agreement is replaced with a new Exhibit A-3 attached hereto.

4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-348 75,000.00
Amendment 1 2022-348 32,000.00
Amendment 2 2023-80 43,000.00
Amendment 3 24,000.00
- - 174,000.00
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EXHIBIT A-3

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Gymnastics Classes and Programs in, but not limited to, the following:

Sweet Peas Gymnastics Levels 1-5, Girls Gymnastics Beginner and Advanced Beginner, Lil Ninjas 3-5, Cupertino Ninjas
Location and Time of CONTRACTOR Services:
ed dates, times and
locations of a class, or may cancel a class.

Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 60% of resident fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

The total compensation to the Contractor shall not exceed $174,000.00.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

List of all Contractor Employees working for the City of Cupertino (if no Employees, identify See attached list of employees.

Performance of CONTRACTOR Services:
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Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

COVID-19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by Contractor with any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVIDHealth Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply with any City protocols designed to help prevent the spread of COVID-19. Contractor acknowledges that the need to comply with the Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement.

Registration, Enrollment, and Supervision
The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them.

THE CITY OF CUPERTINO AND RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS FOR GYMNASTICS

CLASSES AND PROGRAMS
This Fourth Amendment to Agreement 22-005 between the City of Cupertino and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and RED LINE GYMNASTICS LLC, DBA: BAY AERIALS GYMNASTICS, a Limited Liability Company (“Contractor”) whose address is 4883 Davenport Place, Fremont, CA 94538, and is made with reference to the following:

RECITALS:

A. On January 10, 2022, Agreement 22-005 (“Agreement”) was entered into by and between City and Contractor for Gymnastics Classes and Programs.

B. On May 16, 2022, City and Contractor agreed to the First Amendment for Gymnastics Classes and Programs.

C. On March 16, 2023, City and Contractor agreed to the Second Amendment for Gymnastics Classes and Programs.

D. On June 15, 2023, City and Contractor agreed to the Third Amendment for Gymnastics Classes and Programs.

E. The Agreement, First Amendment, Second Amendment, and Third Amendment are collectively referred to as the “Agreement” unless otherwise indicated.

F. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3 of the Agreement is modified to read as follows:

Term. This contract begins on the Effective Date and ends on 12/31/2026 (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

2. Paragraph 4 of the Agreement is modified to read as follows:

Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $817,028.80 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A-4. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped 195
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2 amount. Contractor must submit invoices and the information requirement in Exhibit A-4 in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, and disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

3. Exhibit A-3 of the Agreement is replaced with a new Exhibit A-4 attached hereto.

4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

City Attorney
ATTEST:

City Clerk
Date

RED LINE GYMNASTICS LLC,
DBA: BAY AERIALS GYMNASTICS
By
Title
Date
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3 EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2022-348 75,000.00
Amendment 1 2022-348 32,000.00
Amendment 2 2023-80 43,000.00
Amendment 3 24,000.00
Amendment 4 643,028.80
- - 817,028.80
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EXHIBIT A-4

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Gymnastics Classes and Programs in, but not limited to, the following:

Sweet Peas Gymnastics Levels 1-5, Girls Gymnastics Beginner and Advanced Beginner, Lil Ninjas 3-5, Cupertino Ninjas
Location and Time of CONTRACTOR Services:

Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 60% of resident fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

The total compensation to the Contractor shall not exceed $817,028.80.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

List of all Contractor Employees working for the City of Cupertino (if no Employees, identify “self”):

See attached list of employees.

Performance of CONTRACTOR Services:
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Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

COVID-19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement, includes compliance by Contractor with any restrictions on travel or social distancing or other requirements set forth in any health order issued by any local, state, or federal authority, and any other local, state, or federal laws or policies that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). Contractor shall comply with all applicable Health Laws when preforming work under this Agreement. If this Agreement specifies work that cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. Contractor shall likewise comply with any City protocols designed to help prevent the spread of COVID-19. Contractor acknowledges that the need to comply with the Health Laws may result in the City canceling performance of any class or meetings of a class referenced in this Agreement.

CITY OF CUPERTINO
Agenda Item
23-12400 Agenda Date: 7/18/2023
Agenda #: 6.

Subject: Award of a construction contract for the Blackberry Farms Pool Improvements Project to Adams Pool Solutions for replastering the pools

1. Award a construction contract for the Blackberry Farms Pool Improvements Project (Project No. 2022-107P) in the amount of $320,609.25 to Adams Pool Solutions;

2. Authorize the City Manager to execute the contract when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $32,060.93 (10%) for a total contract amount of $352,670.18 CITY OF CUPERTINO Page 1 of 1 Printed on 7/12/2023
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CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Award of a construction contract for the Blackberry Farms Pool Improvements Project to Adams Pool Solutions for replastering the pools.

Recommended Action

1. Award a construction contract for the Blackberry Farms Pool Improvements Project (Project No. 2022-107P) in the amount of $320,609.25 to Adams Pool Solutions;

2. Authorize the City Manager to execute the contract when all conditions have been met; and

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $32,060.93 (10%) for a total contract amount of $352,670.18.

Reasons for Recommendation
The Blackberry Farm Pools were originally purchased in 1991. The pools were last replastered in 2010. The industry standard is to have pools re-plastered or otherwise maintained approximately every eight to ten years. This project is necessary for the pools to remain operational over the next several years.

In 2019, $200,000 was allocated in the Facilities Operations Budget to replaster the pools.

The project was advertised for bids on October 23, 2019. One bid was received in the amount of $469,000. On December 3, 2019, Council rejected that bid, as it exceeded the available budget. As a result, the Director of Public Works was authorized to proceed with a project of reduced scope for correction of deficiencies identified in the 2019 California Occupational Safety and Health Administration (OSHA) inspection report. In Fiscal Year 2020-21, the reduced scope project addressed the OSHA report, which included spot repairs to resolve rust stains showing through the pool plaster. Making these repairs allowed the facility to continue operating through the 2023 swim season.

In early 2020 staff determined that the project would require additional scope to bring the site into compliance with Americans with Disability Act (ADA) and California Building Code (CBC) standards. The revised Blackberry Farm Pool Improvement Project was approved in the FY 2021-22 CIP Budget, with an authorized project expenditure of 201
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$750,000. The revised project was advertised for bid on November 9, 2022. The City received two bids with the lowest bid in the amount of $890,031.61. Staff evaluated the bid results and determined the proposed costs for portions of work required to bring the site into compliance with ADA standards significantly exceeded estimated costs. Staff recommended rejecting the bids, separating the pool replastering portion of the project from the required ADA improvements, and rebidding these items separately with the intended result of reducing the overall cost of the project. Council authorized rejection of the bids on January 7.

The City advertised the replastering scope of work for the Blackberry Farms Pool Improvements Project for bid on June 9. On June 27, the City received three responsive bids detailed in the table below.

Bidder Total Bid Amount
Adams Pool Solutions $320,609.25
Tricon Aquatic Solutions $549,009.40
USA Construction $705.543.00
Engineer’s Estimate $469,000.00
Staff reviewed the Adams Pool Solution bid documents for completeness and confirmed the contractor’s experience and qualifications and determined the bid to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code. Therefore, staff recommends awarding a construction contract to Adams Pool Solution for the contract amount of $320,609.25 and a 10% construction contingency in the amount of $32,060.93, for a total contract amount not-to-exceed of $352,670.18.

Construction contingency allows for unforeseen conditions and are a typical contracting best practice.

A Draft Construction Contract is included as Attachment A while the full project specifications can be found at
https://apps.cupertino.org/bidmanagement/index.aspxhttps://apps.cupertino.org/details /655. Construction is expected to begin in September 2023, after the seasonal closure of Blackberry Pools.

Sustainability Impact
This action does not have any direct sustainability impact.

Fiscal Impact
No additional funding is needed. Approving this item will expend $320,609.25, with a project contingency of $32,060.93 (10%). The available Capital Improvement Budget for this program (Budget Unit Account # 420-99-073) is $690,208.75. Additional funds will be expended under a separate contract for ADA improvements at a later date. 202
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Current Fiscal Summary:

Current Budget and Expenditures Amount
Budgeted Funds for Blackberry
Farm Pool Improvements (Capital
Reserve) $750,000.00
Expenses/Encumbered to Date
(Design/Environmental) $59,791.25
Remaining Budget $690,208.75
Estimated Funding Impact Amount
Estimated ADA Improvement
Costs and Permit Fees $120,000.00
Estimated Construction
Management Costs
$100,000.00
Estimated Sanitary Sewer
Disconnection $50,000
Estimated Construction Total
Including Contingency (this
agreement) $352,670.18
Estimated Project Completion
Total $622,670.18
Total Remaining Program Budget
at Project Completion
$67,538.57
California Environmental Quality Act (CEQA)
The project is categorically exempt from CEQA pursuant to CEQA Guidelines sections 15301 (maintenance of existing facilities).
_____________________________________
Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Contract
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Blackberry Farm Pool Improvements 2021 Form CONTRACT
Project # 2022-07P Page 18
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Adams Pool Solutions (“Contractor”), for work on the Blackberry Farm Pool Improvements Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On July 18, 2023 City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: Blackberry Farm Accessibility Report, Truck Traffic Restrictions Map

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Contractor agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $320,609.25 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements to begin filling pools by March 1, 2024. All work must be ready for final acceptance by April 22, 2024. By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of

ATTACHMENT A - DRAFT CONTRACT
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Blackberry Farm Pool Improvements 2021 Form CONTRACT
Project # 2022-07P Page 19
unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 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 on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Public Works Department
10300 Torre Ave
Cupertino, CA 95014
408-777-3245
Attn: Jo Anne Johnson
[email protected]
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Blackberry Farm Pool Improvements 2021 Form CONTRACT
Project # 2022-07P Page 20
Copy to: PWInvoices
[email protected]
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 206
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Blackberry Farm Pool Improvements 2021 Form CONTRACT
Project # 2022-07P Page 21
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
23-12269 Agenda Date: 7/18/2023
Agenda #: 7.

Subject: Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System's (CRS) Program for Public Information Adopt Resolution No. 23-090 accepting the Annual Evaluation Report for Fiscal Year (FY) 2023 (year two) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information CITY OF CUPERTINO Page 1 of 1 Printed on 7/12/2023
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CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Annual Evaluation Report on the Federal Emergency Management Agency (FEMA) Community Rating System’s (CRS) Program for Public Information.

Recommended Action
Adopt Resolution No. 23-XXX accepting the Annual Evaluation Report for Fiscal Year (FY) 2023 (year two) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information.

Reasons for Recommendation
The CRS is a voluntary program under the FEMA National Flood Insurance Program (NFIP) that allows communities to earn flood insurance premium discounts for their residents and businesses by conducting floodplain management activities that exceed NFIP minimum requirements. Communities earn CRS points for activities that promote flood risk reduction practices and encourage the purchase of flood insurance. Activities eligible for CRS points include, flood emergency preparedness planning, maintenance of elevation certificates and benchmarks, open space preservation within the designated floodplain, and public outreach and education of flood risk and flood insurance. The CRS class ratings are assigned to participating communities based on points earned, with each 500-point increment resulting in a better class rating. Each incremental improvement in class rating (CRS class ratings range from 10 to 1) qualifies residents and businesses within the participating community to an additional five percent discount on flood insurance premiums for properties located within a Special Flood Hazard Area (SFHA). For example, 500 points earned would equate to a CRS class rating of 9 (or a five percent discount), 1,000 points earned would equate to a CRS class rating of 8 (or a 10 percent discount), etc.

FEMA requires the elected body of each community that participates in the CRS program to approve a five-year Multi-Jurisdictional Program for Public Information (PPI) in order to receive points for the PPI CRS activity. The PPI allows communities to work together on messaging that helps to reduce flood risks and to design a collective outreach program that delivers these messages effectively and efficiently. The number of points earned as a result of having an approved PPI will vary depending on how 209
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extensive the program is implemented within each participating community’s jurisdiction; however, it is expected to range from 80 to 200 points for communities who participate in the Santa Clara County (County) PPI.

Although Valley Water is not a land-use agency, FEMA recognized Valley Water’s already robust public outreach efforts in flood risk reduction messages and approved the classification of Valley Water as a fictitious community within the CRS program.

This unique arrangement not only allows Valley Water to act as the lead agency in creating the first PPI for the County but also allows the County communities participating in the CRS program to claim points earned by Valley Water. The Valley Water District Board adopted the first PPI in 2015 for use by communities within the County that participate in the CRS program.

The PPI is required to be updated every five years to evaluate the public outreach messaging and to adjust the PPI as needed and FEMA requires the governing bodies of the participating CRS communities to approve the updated 2021 PPI in order to either begin or continue to earn points. The Valley Water District Board approved the updated 2021 five-year PPI on April 27, 2021, and provided the document to participating jurisdictions for approval and implementation with the communities’ existing CRS programs. In turn, the Cupertino City Council adopted Resolution No. 21-073 approving the 2021 PPI on August 17, 2021.

In addition to updating the PPI every five years, FEMA requires an annual evaluation report describing PPI implementation efforts and requires the participating communities to share each annual report with their governing bodies to remain an active PPI participant and continue receiving PPI points. City Council adopted Resolution No. 22- 088 accepting the Annual Evaluation Report for FY 22 (Year 1) on July 19, 2022.

Valley Water initiated the preparation of the second annual evaluation report by hosting meetings in March and May 2023 where staff and stakeholders from each participating community were invited to provide input on their respective PPI project accomplishments for this fiscal year. The Annual Evaluation Report for FY 23 (Year 2) of the 2021 County Multi-Jurisdictional Program for Public Information (Attachment B) is the second annual evaluation report under the 2021 PPI and is a culmination of the input provided by the participating communities from the two meetings.

The City has participated in the CRS program since 2005 and has a current CRS class rating of 7, which equates to a 15 percent flood insurance premium discount for properties located within a SFHA, and a 5 percent flood insurance premium discount for properties located outside a SFHA. City property owners pay approximately $61,000 per year in flood insurance premiums (as of June 2023, per the NFIP). The total annual savings to policy holders attributable to the City’s CRS discount is approximately $7,600. 210
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Neighboring cities have earned similar CRS ratings (Los Altos – 7, Mountain View – 7, Sunnyvale – 7, Palo Alto – 6). It would be challenging and require additional staff resources for the City to earn enough additional CRS points to qualify for a CRS class rating of 6 without undertaking significant new efforts requiring additional funding or major floodplain management policy changes. However, when City Council adopted Resolution No. 21-073 accepting the updated 2021 PPI, it allowed the City to begin earning points for this CRS activity which provides a larger buffer to comfortably maintain its CRS class rating of 7 and continue to provide lower cost flood insurance to Cupertino residents and businesses.

The City continues to be an active PPI participant. The City’s FY 23 Project Accomplishments are listed in Attachment 2 of the Annual Evaluation Report. By adopting the resolution to accept the annual report, the City is meeting FEMA’s requirements to continue earning points for this CRS activity.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
B – Annual Evaluation Report for FY 23
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Attachment A
RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ACCEPTING THE ANNUAL EVALUATION REPORT FOR FISCAL YEAR
2023 (YEAR 2) OF THE 2021 SANTA CLARA COUNTY MULTIJURISDICTIONAL PROGRAM FOR PUBLIC INFORMATION WHEREAS, in 1968, the United States Congress passed the National Flood Insurance Act creating the National Flood Insurance Program (NFIP). The NFIP was designed to reduce future flood losses through local floodplain management programs and provision of flood insurance to those most in need. The NFIP requires that participating communities adopt certain minimum requirements intended to reduce future flood losses; and
WHEREAS, in 1990, the NFIP implemented the Community Rating System (CRS) as a voluntary program for recognizing and encouraging community floodplain activities that exceed the minimum NFIP standards; and WHEREAS, in 2005, the City of Cupertino was admitted to the CRS. The City’s participation in the CRS program gives flood insurance policy holders a discounted premium; and
WHEREAS, in 2013, the Federal Emergency Management Agency (FEMA), the agency responsible for implementing the NFIP, updated the CRS program by adding the formation of a Multi-Jurisdictional Program for Public Information (PPI), a public outreach element that will encourage targeted outreach to a larger regional area; and
WHEREAS, in 2015, the first Santa Clara County Multi-Jurisdictional PPI (2015 PPI) was approved by the Santa Clara Valley Water District Board for use by communities within Santa Clara County that participate in the CRS program; and WHEREAS, every five years, the PPI must be updated and adopted by the governing bodies of all participating communities in order to continue receiving CRS credit for the PPI activity. The 2021 Santa Clara County Multi-Jurisdictional PPI (2021 PPI) is the updated five-year plan adopted by the Santa Clara Valley Water District; and
WHEREAS, on August 17, 2021, the City Council of the City of Cupertino adopted Resolution No. 21-073 accepting the 2021 PPI; and 212
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Resolution No. 23-XXX
WHEREAS, in each subsequent year, FEMA requires an annual evaluation report be created to describe PPI implementation within the fiscal year. The annual report must be shared with a community’s governing body in order to continue receiving CRS credit for the PPI activity; and WHEREAS, on July 19, 2022, the City Council of the City of Cupertino adopted Resolution No. 22-088 accepting the Annual Evaluation Report for FY22 (Year 1), the first annual evaluation report of the 2021 PPI; and WHEREAS, in 2023, the City of Cupertino, along with other communities in Santa Clara County, worked with the Santa Clara Valley Water District to create the Annual Evaluation Report for FY23 (Year 2), second annual evaluation report of the 2021 PPI.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Annual Evaluation Report for FY23 (Year 2) of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
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Resolution No. 23-XXX
________
Kirsten Squarcia, City Clerk
________________________
Date
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Santa Clara County Multi-Jurisdictional Program for Public Information 2021 Annual Evaluation Report for FY23
(Year 2: July 2022 to June 2023)
July 2023
Prepared by:

Santa Clara Valley Water District
and
Santa Clara County CRS communities
Attachment B
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I. INTRODUCTION
The Community Rating System (CRS) is a voluntary program of the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). The CRS program allows communities to earn flood insurance premium discounts for their residents and businesses by implementing local mitigation, floodplain management, and outreach activities that exceed the minimum NFIP requirements to reduce the risk of flooding.

In Santa Clara County, 11 (eleven) communities, including Santa Clara Valley Water District (Valley Water) have actively participated in the FEMA NFIP CRS for over 30 years.

The CRS participating communities (CRS communities) are City of Cupertino, City of Gilroy, City of Los Altos, City of Milpitas, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa Clara, City of Sunnyvale, and the Santa Clara Valley Water District (Valley Water).

CRS communities, along with their external non-governmental stakeholders, non-CRS communities: City of Saratoga, Town of Los Altos Hills, Town of Los Gatos, and the County of Santa Clara who opted to join the 2021 Program for Public Information (PPI), comprised the 2021 PPI Committee. The original 2021 PPI Committee is listed in Table 1. Original Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee of the 2021 PPI (Attachment 1). Since the development of the 2021 PPI, there may have been changes to the community’s original 2021 PPI Committee members (either the internal representatives to the organization and/or the external stakeholders). Those member changes are noted on the meeting attendance sheets.

For CRS credit, FEMA requires that each CRS community provide at least two representatives to the regional PPI Committee, with at least half of the representatives from outside the local government. Additionally, at least half of the representatives must attend all the meetings of the regional PPI Committee. Non-CRS communities are also required to provide an external stakeholder.

An important benefit of the PPI Committee’s work is close collaboration between local public agency staff who work on flood protection throughout Santa Clara County. Together, PPI Committee members continue strengthening their individual CRS programs and ensuring communities can evaluate their flood programs against a nationally recognized benchmark.

The 2021 PPI Committee, the remaining non-CRS communities (City of Campbell and City of Monte Sereno), and other interested parties make up the Santa Clara County CRS Users Group.

The Santa Clara County CRS Users Group collaborates to ensure floodplain management activities provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance of economic disruption and loss in Santa Clara County. Through the five-year PPI development and the annual reporting process, members of the SC County CRS Users Group learn from one another about local floodplain management activities, including flood protection and land use issues. For both the Santa Clara County CRS Users Group and the 2021 PPI Committee, the PPI is one of the most impactful activities of the CRS program.

Under the CRS program, flood insurance premium rates are discounted to reward CRS communities’ actions that meet the three goals of the CRS:
(1) reduce flood damage to insurable property
(2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management.

Flood insurance premiums for CRS communities are reduced in 5% increments for every 500 CRS points earned.

As of April 30, 2023, the total savings for Santa Clara County residents from CRS discounts is approximately $1.5 million.
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Valley Water is the lead flood risk reduction agency for Santa Clara County. Valley Water performs many flood preparedness outreach and stream stewardship/maintenance activities that earn credit points for CRS communities. Since Valley Water is not a land-use agency, the points Valley Water earns, as a “fictitious community, provide a foundation upon which the CRS communities can build. FEMA approved this unique arrangement with Valley Water in 1998.

The CRS Coordinator’s Manual, 2013 Edition, included the option to undertake a Program for Public Information (PPI) which is a method that standardizes our flood risk and loss reduction outreach messages and increase communities’ CRS points. Each participant of the PPI Committee brings unique perspectives and suggestions that enhance the PPI. Each community must adopt the PPI through a formal vote by the community’s governing body.

In 2013, Valley Water initiated and facilitated the effort to develop the first Multi-Jurisdictional PPI so that all Santa Clara County CRS communities could work together and benefit from this activity.

Non-CRS communities were also invited to participate in the development of the PPI. This work effort resulted in the 2015 Multi-Jurisdiction PPI (2015 PPI).

On April 14, 2015, Valley Water’s Board adopted the 2015 PPI, which sunset in April 2020. Following Valley Water’s lead, the other CRS communities’ governing bodies adopted the 2015 PPI soon thereafter.

Under the CRS, the PPI must be updated every five years. Each subsequent year after adopting the PPI, the PPI Committee must submit an annual evaluation report to FEMA describing the PPI implementation for the prior fiscal year. The PPI Committee must evaluate whether the flood risk reduction messages in the PPI are still relevant and adjust the PPI, if needed. The annual evaluation report is shared with each CRS community’s governing body as an informational item.

As required, annual evaluation reports for FY16 (Year 1 of the 2015 PPI) through FY19 (Year 4 of the 2015 PPI) were prepared, sent to each CRS community’s governing body, and included in each community’s respective annual recertifications or as part of a community’s documentation for those that were cycled on any given year.

In FY20 (Year 5 of the 2015 PPI), the PPI Committee was required to update the 2015 PPI. The Insurance Services Office (ISO), FEMA’s CRS program management contractor, exempted the PPI Committee from submitting an annual evaluation report for FY20 (Year 5 of the 2015 PPI) as the committee focused on updating the document.

In February 2020, Valley Water hosted the start of the five-year PPI updated process. Fifteen Santa Clara County communities worked together to update the 2015 PPI. These communities included the current 11 CRS communities as well as four non-CRS communities that expressed interest in joining the 2015 PPI and possibly the CRS program. Staff and external stakeholders from each agency participated in developing the new PPI.

In March 2020, the Coronavirus (COVID-19) outbreak started. The California State Emergency Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer dated March 16, 2020, went into effect.

The COVID-19 pandemic caused far-reaching, unprecedented changes. Businesses and organizations faced economic and operational uncertainty across every industry and sector. The workforce impacts during COVID-19 caused delays beyond control, including the PPI Committee’s ability to continue its work of updating the 2015 PPI. Many communities shifted priorities to respond to the public health crisis; therefore, FEMA provided an extension of completing the update to the 2015 PPI to early 2021.

The 2021 PPI Committee reconvened in October 2020 to resume the 2015 PPI update. Several virtual meetings followed until the 2021 PPI Committee completed the 2021 PPI in April 2021. The 2021 PPI was adopted by CRS communities, as indicated in Table 1. Dates 2021 PPI Adopted.

II. 2021 PPI DEVELOPMENT PROCESS
Valley Water, CRS and non-CRS communities initiated the 2021 PPI process in February 2020. Due to 217
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COVID-19, discussions were postponed, and reinitiated the process in October 2020. The Santa Clara County 2021 Multi-Jurisdictional Program for Public Information document was completed in April 2021 (refer to Section I. Introduction for COVID-19 related delays).

Virtual meetings were held between 2020 and 2021 to develop the 2021 PPI. FEMA’s six priority topic messages and the three additional messages identified in the 2015 PPI carried forward into the 2021 PPI. The 2021 PPI Committee felt all nine topics and supporting messages were still relevant for reaching Santa Clara County residents and ensuring they are Flood Ready.

The below listed is Table 3 in the 2021 PPI: CRS Priority Messages Topic
Number Topic message Public Message
(Select one message per topic)
TOPIC #1 Know your flood hazard
• Know your flood risk
• Contact your floodplain manager to find out if your
property is in a floodplain
• Check if your home or business is in a
Special Flood Hazard Area
TOPIC #2 Insure your property for your flood
hazard
• Get flood insurance ahead of time
• Insure your property
• There is a 30-day waiting period for the policy to take place
TOPIC #3 Protect people from the flood hazard
• Put your 3-day emergency kit together
• Follow evacuation orders
• Learn the best route to high ground
TOPIC #4 Protect your property from the flood
hazard
• Protect your home from flood threats
• Prepare your home
• Sandbags can offer protection against a foot or less of floodwater
• Get sandbags before a flood
TOPIC #5 Build responsibly
• Build responsibly in floodplains
• Comply with development requirements
• Check with your city/county floodplain manager before you build
TOPIC #6 Protect natural floodplain functions
• Keep creeks clean and flowing
• Keep debris and trash out of our streams
• Don’t pollute, dump, or drain anything in creeks
Additional Outreach Topic Messages
(only one message per topic)
TOPIC #7 Develop an emergency plan • Develop an emergency plan TOPIC #8 Download disaster apps • Download disaster emergency apps TOPIC #9 Understand shallow flooding risks––
don’t drive through standing water
• Understand shallow flooding risks - don’t drive through standing water
The 2021 PPI Committee worked between the meetings to draft the 2021 PPI and review the extensive list of outreach and flood response projects (Attachment 2).

Based on the 2021 PPI Committee’s evaluation of the 2015 PPI, the consensus was that most of the 2015 PPI flood risk reduction messages were still relevant, so only minor edits were incorporated as needed.

This became the basis for the 2021 PPI; therefore, no additional FEMA review was required, as the 2015 PPI already ensured its provisions were fully compliant with FEMA requirements.

The number of CRS points that the 2021 PPI activities will earn is determined by FEMA’s CRS Specialist and Technical Reviewers from ISO. The PPI Committee estimates that of the possible 350 points for Activity 330, each CRS communities could earn up to 300+/- points for PPI efforts.

Once Valley Water approved the 2021 PPI (5-Year Plan), the final document was provided to the 2021 PPI Committee to present to their governing bodies for adoption and implementation. Table 1. Dates of 2021 PPI Adoption shows the 2021 PPI approval dates by each agency; all 11 CRS communities have 218
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adopted the 2021 PPI.

Table 1. Dates 2021 PPI Adopted
Community Date Presented Adopted
Santa Clara Valley
Water District 4/27/21 X
City of Cupertino 8/17/21 X
City of Gilroy 7/01/21 X
City of Los Altos 7/13/21 X
Town of Los Altos Hills
(*non-CRS community)
Not required Not required
Town of Los Gatos
(*non-CRS community)
Not required Not required
City of Milpitas 5/18/21 X
City of Morgan Hill 6/16/21 X
City of Mountain View 6/22/21 X
City of Palo Alto 6/14/21 X
City of San Jose 11/16/21 X
City of Santa Clara 7/06/21 X
County of Santa Clara
(*non-CRS community)
Not required Not required
City of Saratoga
(*non-CRS community)
Not required Not required
City of Sunnyvale 6/29/21 X
Total Approved 11
*Non-CRS communities are encouraged to participate in Santa Clara County CRS Users Group and/or PPI Committee ongoing efforts and initiatives; however, for those that opted to participate in the 2021 PPI, are not required to adopt the PPI or share annual evaluation reports with their governing bodies.

III. ANNUAL EVALUATION REPORTS
The 2021 PPI states that the 2021 PPI Committee will meet at least once yearly to evaluate the PPI and incorporate any needed revisions. This meeting is coordinated in conjunction with the ongoing CRS User’s Group meetings, which occur at least twice a year.

The evaluation will cover the following:
● Review of projects that were completed;
● Evaluate progress toward outcomes;
● Provide recommendations on projects that have not been completed; ● Provide recommendations for new projects not previously identified; ● Address any Target Audience changes; and
● Assess the impact of the program during an actual flood event if one has occurred.

The 2021 PPI Committee prepares the annual evaluation report for submission with each CRS community’s annual CRS recertification package (or schedule 5-year cycle visits). The annual evaluation report is then shared with each CRS communities’ governing body as an informational item.

Section V. 2022 Santa Clara County CRS Users Group/PPI Committee Meetings – Monitoring and Evaluating the 2021 PPI of this annual evaluation report summarizes the meetings held to develop the FY23 Annual Evaluation Report (Year 2 of the 2021 PPI).

Table 2 below shows how each community expects to share the FY23 Annual Evaluation Report with its governing body.
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Table 2. How the 2021 PPI Annual Evaluation Report for FY23, Year 2 will be shared with Community’s Governing Body Community Method for Sharing
Santa Clara Valley Water District Board Non-Agenda Item City of Cupertino Consent Item Council Agenda
City of Gilroy Consent Calendar
City of Los Altos Council Consent Calendar or Informational Staff Report
Town of Los Altos Hill (*non-CRS community) Not required Town of Los Gatos (*non-CRS community) Not required
City of Milpitas Memo to City Council
City of Morgan Hill Council Consent Calendar
City of Mountain View Council Weekly Update “Council
Connection”
City of Palo Alto Informational Staff Report
City of San Jose Council Consent Calendar
City of Santa Clara Council Consent Calendar
County of Santa Clara (*non-CRS community) Not required City of Saratoga (*non-CRS community) Not required
City of Sunnyvale City Manager’s “Update Sunnyvale”
*Non-CRS communities are not required to share annual evaluation reports with their governing bodies.

IV. 2021 PPI ACCOMPLISHMENTS FOR FY23
The 2021 PPI Committee identified three efforts needed from each CRS community in order to prepare and finalize subsequent annual evaluation reports.

1. Governing bodies must adopt the 2021 PPI (Table 1. Dates 2021 PPI Adopted). The 2021 PPI Committee must prepare an annual evaluation report and share the reports with its governing body as informational items (Table 2. How the 2021 PPI Annual Evaluation Report for FY23, Year 2 will be shared with Community’s Governing Body).

2. For each fiscal year (July 1 - June 30), the communities must carry out and monitor the implementation of the outreach/flood response projects identified in Appendix A CRS Creditable Outreach and Flood Response Projects by CRS Community of the 2021 PPI (Attachment 2).

3. The PPI Committee must review and consider the ‘New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction efforts.

Governing Bodies Approval: Including Valley Water, all 11 CRS communities’ governing bodies adopted the 2021 PPI. The approval dates are shown by each agency (Community) in Table 1. Dates of 2021 PPI Adopted noted above.

Tracking System: The 2021 PPI is multi-jurisdictional and includes 15 agencies (11 CRS communities and four non-CRS communities). Tracking implementation is quite complex compared to a single-agency PPI. As the informal lead agency, Valley Water oversees the record-keeping to ensure consistency throughout the county.

An electronic file-sharing system, Egnyte, is set up with folders for each community to file and share documents related to the 109 potential outreach/flood response projects identified in the 2021 PPI and all CRS-related documentation. This also includes a comprehensive spreadsheet tracking which lists projects that were accomplished in any given fiscal year by each individual community (Attachment 2). This spreadsheet, along with the annual evaluation report, will be submitted with annual CRS recertifications or as part of scheduled 5- year cycle visits.
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ISO assigns credit for Valley Water outreach/flood response projects to all Santa Clara County CRS communities’ ratings. Some communities also choose to carry out and report on their own outreach/flood response projects, in addition to those of Valley Water. These projects are shown on the composite spreadsheet (Attachment 2 - Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY23 Project Accomplishments) and include input from each agency.

The PPI Committee discussed the benefits of using the Egnyte shared-filing system for tracking the 2021 PPI outreach/flood response projects and all CRS-related documentation. The PPI Committee also discussed the importance of ensuring each agency regularly uploads its CRS documentation. These benefits are:
- Information Share/Knowledge Transfer: CRS communities can view each other’s program documentation. When a community improves its CRS rating, another community can access the documents submitted to determine how the CRS credited activities helped improve the score. - Document Repository: A central location for CRS-related documentation, organized to mirror the CRS Coordinator’s Manual (by community/activity/element), proves helpful when a community experiences staff turnover.
- Documentation Submittals: CRS documents are organized and easy to share with the CRS Specialists conducting cycle visits and/or annual recertification.

Summary of PPI Projects Accomplished in FY23
The complete list of outreach/flood response projects is included as Attachment 2 of this annual evaluation report, listing all projects proposed in the 2021 PPI, with a “Project Accomplishments” column noting actions taken during the second year of the PPI, FY23.

Audiences Projects Accomplished
Community at Large (CAL) 81 potential projects, 63 accomplished Residents and Businesses in the Special Flood
Hazard Area (SFHA)
18 potential projects, 16 accomplished
Messengers to Other Target Audiences
(Organizations & Businesses Serving the
Community)
10 potential projects, 10 were accomplished
*Total Accomplished Projects 89 of 109
* Note: All projects carried out by CRS communities were accomplished in FY23. Variance in the number of potential projects versus accomplished projects is due to no updates received from non-CRS communities, which is not required for this annual evaluation report.

These numbers go well beyond the minimum requirements of the CRS program for PPI credit under Activity 330; we anticipate all CRS communities will receive the maximum number of credits for our collective efforts in FY23.

Valley Water’s Outreach/Flood Response Projects
Annual Flood Awareness Campaign
Valley Water's FY23 Flood Awareness Campaign theme was "Our Climate Has Changed." It launched after the 1Fourth National Climate Assessment was published; there could not have been a better time for this conversation.

The federal report assessed that intense extreme weather and climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems, and our economy.

Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized its commitment to reducing flood risks and protecting the community but acknowledged that we cannot eliminate all risks. Thus, our communities must adapt and prepare; and it starts with being informed and aware of risks.
1 US Global Change Resource Program (USGCRP) has a legal mandate to conduct a state-of-the-science synthesis of climate impacts and trends across U.S. regions and sectors every four years, known as the National Climate Assessment (NCA). 221
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An educational paid advertising campaign supplemented Valley Water’s community outreach effort. The advertising campaign was supported by a series of formative research to understand target audiences and their awareness levels and explore what educational messages and images most appealed to them.

The Flood Awareness Campaign lasted four months, from mid-November 2022 to February 2023. The paid advertisement campaign cost a total of $330,000.

Valley Water’s FY23 Annual Flood Awareness Campaign continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in Santa Clara County's FEMA SFHA.

Valley Water sent two separate targeted mailers to all homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.

1. Annual Floodplain Mailer (FPM) - Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) annual FPM “Our Climate Has Changed - Be Aware, Be Prepared, Take Action” (dated 11/22) mailed on November 28, 2022. https://online.flipbuilder.com/tkap/tmie/

2. Trifold “You Live in a Flood Zone– Make Sure You Are Ready. Do You Know What to Do Before, During, and After a Flood?” mailed on January 6, 2023. https://online.flipbuilder.com/tkap/zmox/ Additionally, Valley Water’s FY23 Countywide Mailer (CWM) included a ‘Floods Can Follow Droughts’ section and was sent starting November 8 through 18, 2022, countywide to 744,025 addresses (USPS: ECRWSS ‐ Extended/Enhanced Carrier Route Walking Sequence Saturation Postal Customer). The CWM includes flood protection and preparedness measures information, knowing your flood risk, getting flood insurance, developing an emergency plan and kit, protecting your home from flood threats, signing up for AlertSCC and the American Red Cross Disaster Emergency App, and understanding shallow flooding – Turn Around Don’t Drown®. https://s3.us-west-1.amazonaws.com/valleywater.org.us-west-1/s3fs-public/2022-10- 26_Drought%20Countywide%20Mailer.pdf
Lastly, ‘Are You Flood Ready?’ multilingual postcards that included the nine CRS topics and supporting messages, and links to various flood readiness/preparedness webpages were produced and distributed. https://www.valleywater.org/are-you-flood-ready
Requested copies of the FPM, postcards, and trifold mailers were sent to all Santa Clara County cities and county Public Works and Planning Departments.

Public Agency
Annual Floodplain
Mailer (FPM) Postcard
Trifold
(Mailed Jan 2023) (Mailed late Nov 2022 and early Jan 2023) City of Los Altos 50 100 20
Town of Los Altos Hills 25 150 20
City of Milpitas 50 25 20
City of Mountain View 25 25 20
City of Cupertino 100 100 20
VW CRS Program 150 300 20
All other 10 cities & County (10 count) 250
25 count each
250
25 count each
200
20 count each
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In mid-November 2022, Valley Water’s 2022-2023 Flood Awareness Outreach Partner Social Media Toolkit, ‘Our Climate Has Changed,’ was made available for download to all partnering agencies, including CRS communities.

The toolkit provided links to the multilingual annual FPM, the ‘Flood Can Follow Droughts’ 2001-2023 Timeline, the ‘Are You Flood Ready?’ postcard, social media graphics and videos that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use. https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20Awareness%202022- 2023%20Partner%20Toolkit.pptx?dl=0.

Valley Water HQ Lobby Displaying Flood Readiness Materials FY 23 Floodplain Mailer
FY 23 Postcard
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During FY23, Santa Clara County experienced a drought emergency. Valley Water’s annual FPM reminded everyone that flooding can happen anytime it rains and that climate change has made extreme weather the new normal. Drought conditions can harden the ground and increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's ongoing flood protection projects in areas susceptible to flooding.

In FY23, the FPM featured a QR code, a cling with important flood safety websites, a detachable emergency phone list, photos of our most recent flood protection projects, and a graphic image displaying how historical floods have followed droughts in Santa Clara County (see below attached “Santa Clara County Floods & Droughts Timeline [2001-2023]).

FY 23 Countywide Mailer
FY 23 Trifold Mailer
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Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen during a drought," on social media and web platforms. The campaign launched in Winter FY23, starting with the season's first rains, and continuing through March 2023.

A key strategy for the paid flood awareness campaign was incorporating the 2021 PPI 6 priority topics and the three additional outreach topics, including messages supporting the nine topics, in Valley Water ads. Staff crafted messages derived from Valley Water's annual FPM to residents in the SFHA. Additionally, the Valley Water Board of Directors shared posts on Nextdoor highlighting the "Flooding can happen during a drought" messaging and the nine CRS topics in Winter 2022-23. Valley Water also posted a flood preparedness blog, a digital copy of the FPM, and a guide on what to do before, during, and after a flood.

Valley Water 2022-23 Flood Media Campaign (October 2022 – February 2023) Target: Santa Clara County residents
Objective: Flood Awareness for All SCC Residents
Digital ads targeted residents and commuters in or near the SFHA, using zip codes from published FEMA flood maps.

The Media Plan
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The Ads
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FY 23 Flood Awareness Campaign Results
Valley Water also used its monthly newsletter, news blog, and social media profiles to enhance flood awareness efforts before and during forecasted storms starting as early as September 2022. During the length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood warnings, shared posts with critical messages about flood safety, and promoted the Flood Watch Tool throughout the winter.

Valley Water’s flood protection resources page at ValleyWater.org/floodready serves as a hub of flood safety information with icons leading to a series of related web pages, including information on flood zone maps, signing up for emergency alerts, sandbags, reporting local flooding, and safety tips.

All cities and the county were requested to add a link redirecting site visitors from their respective flood protection resource pages and/or homepage to ValleyWater.org/floodready, Floodsmart.gov, and Ready.gov.

All Santa Clara County communities received hard copies of Valley Water's FPM, postcard, and trifold for their outreach efforts.

Valley Water shared the 2022-2023 Flood Awareness Outreach Partner Social Media Toolkit with all Santa Clara County cities/county, including CRS communities. The toolkit provided links to the multilingual annual FPM, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all communities to use.

The 2022-2023 post-Flood Awareness Campaign survey found:
• 39% recalled receiving mail with information about flood safety (59% in 2021-22). • 64% are confident they have taken all necessary precautions to protect themselves from floods (76% in 2021-22).
• 43% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair (61% in 2021-22).
• 48% are aware that their home was located in a flood zone awareness over last year (56% in 2021-22).
• 39% of respondents clearly understood Valley Water’s three main calls to action to be Flood Ready [develop an emergency plan, build an emergency kit, and get flood insurance] (58% in 2021-22). • 39% of respondents have flood insurance; 15% of renters polled have insurance (51% in 2021-22).

The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. Based on the findings, we will continue with targeted mailings to the FEMA SFHA as our outreach strategy for the flood awareness campaign rather than targeted advertising.

Flood Emergency Starter Kit Distribution
Pilot ‘Get Flood Ready’ Flood Event Kits (Flood Kits) were distributed to all cities and the county from late October through early November 2022. The Flood Kits included the following items: rolling storage bins, customized and branded (both Valley Water and agency’s logos) ‘Get Flood Ready’ banners and tablecloths, flood emergency starter kits, flood preparedness materials, and giveaway items. The Flood Kits will standardize local floodpreparedness outreach throughout the county and expand Valley Water’s ‘Get Flood Ready’ campaign.

In addition to the Flood Kits, CRS will increase and broaden our flood-preparedness outreach to underserved communities by partnering with other community organizations to distribute multilingual flood-preparedness materials and flood emergency starter kits.

This year, Valley Water acquired 6,000 flood emergency starter kits (Starter Kits). These Starter Kits will be distributed by all Santa Clara County communities and Valley Water’s CRS and other public-facing programs.

The Starter Kits include essential supplies, such as a hand squeeze flashlight, rain poncho, safety whistle, N95 228
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mask, and gloves. These popular Starter Kits encourage the community to ‘Get Flood Ready’ by developing an emergency plan and putting together a more comprehensive three-day emergency kit.

CRS communities Outreach/Flood Response Projects
The 2021 PPI Committee identified the outreach/flood response projects for each community. The implementation of these projects is reflected in the ‘FY 2023 (Year 2 of the 2021 PPI) Project Accomplishments’ column of Attachment 2.

Valley Water Education Outreach Program
Valley Water’s Education Outreach includes flood awareness messaging in every program presented year-round.

A dedicated flood-focused program is offered from October through April, depending on the rainfall situation in any given year.

Valley Water’s role as a flood protection agency is highlighted in all presentations so that participants in the Education Outreach Programs know that flood protection is one of Valley Water’s core objectives in Santa Clara County.

Flood-focused Programs
Education Outreach has three programs focusing on flood awareness and preparedness: ‘The Three Little Pigs and The Bad Weather Wolf,’ ‘Mapping Landforms,’ and ‘Watershed Maps.’ In FY23, Valley Water more than doubled its flood-focused programs from FY22. A high demand for in-person programs brought us back into the community and schools; therefore, we added a third flood-focused program, ‘Mapping Landforms,’ for 1st - 2nd grades. The demand for flood-focused programs was due to the unusually long rainy season extending into April 2023.

The results of Flood-focused programs delivered between October 2022 and April 2023 are as follows:
• 113 Presentations
• 2,751 Attendees
• 122 Educators
Flood Awareness Messaging
In addition to the Flood-focused Programs, the Education Outreach Program provided additional flood awareness messaging in their general classroom presentations, STEAM (Science, Technology, Engineering, Art, and Math) programs, libraries, and camp programs.

The results of the general flood protection messaging between October 2022 and April 2023 are as follows:
• 233 Presentations
• 8,548 Attendees
• 323 Educators
Community Events and Engagement
Booth Support at Events
Valley Water staff made a concerted effort to actively participate in community events, including community festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or near flood zones. In FY23 (from September 2022 – May 2023), both Valley Water and the communities staff hosted 18 booths 229
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and distributed flood preparedness information on flood safety and emergency preparedness materials, including Valley Water’s annual FPM. Those events are listed below.

1. 2022 Santos Family 16th Annual Car Show-9/3/22 Alviso, CA

2. Emergency Preparedness Resource Fair-9/10/22 San Martin, CA

3. Mountain View Art & Wine Festival-9/11/22

4. Assembly Member Ash Kalra’s VeggieFest-9/17/22 San Jose, CA

5. Rotary Club Fall Festival-9/24/22 Cupertino, CA

6. Friends of Stevens Creek Trail Trailblazer Race-9/25/22 Mountain View, CA

7. Fall Festival at Martial Cottle Park-10/1/22 San Jose, CA

8. Santa Clara Parade of Champions-10/1/22

9. Pumpkins in the Park-10/8/22 San Jose, CA

10. Bay Area Diwali Festival of Lights-10/8/22 Cupertino, CA

11. Supervisor Lee’s Day on the Bay-10/8/22 Alviso, CA

12. Santa Visits Alviso-12/10/22

13. AAUW Wildflower Run-3/26/23 Morgan Hill, CA

14. VMC Foundation Women’s Leadership & Policy Summit-4/29/23 Saratoga, CA

15. Tech Interactive Tech Challenge-4/30/23 San Jose, CA

16. Berryessa Art Festival-5/13/23

17. San Jose Giants-5/13/23

18. Campbell Boogie Music Festival, 5/20/23-5/21/23
Speakers Bureau Program
In FY23, Valley Water's ‘Let’s Talk Water: Speakers Bureau Program’ reached the 18 organizations listed below. All general presentations include mention of flood protection, the need to ‘Get Flood Ready’ regardless of the county’s drought status, and links to Valley Water’s ‘Flood Ready’ information and resources webpage (ValleyWater.org/floodready), and the hotline to call to report obstructions in creeks.

Valley Water’s Speakers Bureau Program can customize presentations to update community groups on waterspecific issues and provide updates on projects in their area. ‘Let’s Talk Water’ also discusses local water conservation efforts and rebate programs. The FY23 presentations that included flood preparedness information are listed below.

1. October 13, 2022 – City of San Jose Board of Retirees meeting

2. October 20, 2022 – Palo Alto Kiwanis meeting

3. October 22, 2022 – Greentown Los Altos Library event

4. November 3, 2022 – Harbor Industrial Association luncheon

5. December 6, 2022 – RE/MAX Realtor informational meeting

6. January 4, 2023 – Mount Pleasant Neighborhood Assoc meeting

7. January 18, 2023 – Cupertino Library presentation hosted by Cupertino Library Foundation

8. February 9, 2023 – Sons in Retirement: Branch 54 monthly meeting

9. February 13, 2023 – Rotary Club of Evergreen Valley meeting

10. February 14, 2023 – Santa Clara County: Sustainability Working Group presentation

11. March 1, 2023 – Seven Trees Neighborhood Association meeting

12. March 6, 2023 – Leadership Morgan Hill presentation

13. March 9, 2023 – Presentation during Mountain View Senior Center afternoon workshop

14. March 23, 2023 – Mission San Jose Rotary Zoom meeting

15. April 6, 2023 – Water 101 Academy presentation

16. April 11, 2023 – Presentation during Terraces Los Gatos monthly speaker series

17. May 4, 2023 – West San Jose Kiwanis meeting

18. May 19, 2023 – Rotary Club of San Jose Silicon Valley 230
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Other Community Engagement Efforts
Valley Water partnered with the Silicon Valley Bike Coalition at the Ride Out the Drought event held on October 15, 2022; the Salvation Army on October 22, 2022; Santa Visits Alviso Foundation on December 7, 2023; Sacred Heart Community Services on February 8, 2023, and Ms. Gail Osmer, homeless advocate, on March 15, 2023 by providing and/or distributing FEMA, US Army Corps of Engineers, and Valley Water multilingual flood preparedness educational materials, flood insurance promotion, AlertSCC, American Red Cross All-Hazard APP, and emergency preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.

V. 2023 SANTA CLARA COUNTY CRS USERS GROUP/PPI COMMITTEE MEETINGS – MONITORING AND EVALUATING THE 2021 PPI
The FY23 Santa Clara County CRS Users Group/PPI Committee meetings were held on March 21, 2023, and May 16, 2023. Attendance was good and quorum was met with staff from the 11 CRS communities for both meetings. Staff from some non-CRS communities, external stakeholders, and other interested parties were also in attendance. Agendas/minutes, and attendance sheets for each meeting are included (Attachments 3-6).

As required by CRS, the objective for both the March and May 2023 meetings was to monitor the implementation of the 2021 PPI, determine if the desired outcomes were achieved, and discuss if any changes to the 2021 PPI were needed to complete this annual evaluation report. The PPI Committee agreed that the 2021 PPI messaging and projects would remain the same for the duration of the 2021 PPI, which sunsets in 2026.

At the March 21, 2023, meeting, a draft FY 2023 (Year 2 of the 2021 PPI) Project Accomplishments worksheet was shared with the PPI Committee for their review/input.

The PPI Committee:
● Assessed whether the desired outcomes of the 2021 PPI were achieved in FY23 and what, if anything, should be changed. The consensus of the PPI Committee is that our 2021 PPI implementation for FY23 continues to be on target and that no changes are needed. Cities with the PPI approved by their elected officials reported receiving strong support.
● Reviewed which communities have adopted the 2021 PPI. Ensured that those communities who have adopted the PPI have all the conformed/enacted copies and supporting documentation in their respective governing bodies uploaded into Egnyte and a copy sent to Valley Water. ● Provided instruction on how communities will submit their updates to Appendix A of the 2021 PPI to Valley Water for consolidating annual evaluation report, including the spreadsheet (Attachment 2). ● Communities were informed that all updates were due by the next CRS Users Group Meeting or sooner. ● Reviewed and discussed ‘Other New Initiatives’ identified in the 2021 PPI (see below, Section VI. Future Messaging – Other New Initiatives).

Amy Fonseca, Valley Water CRS Program Administrator asked the group to share any ideas they may have on how we could carry out a new initiative as a group.

Initiative #1 - Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E − Utility bills will continue to be offered by Valley Water. − The PPI Committee decided to continue discussion of this initiative discussion to the May 16, 2023, meeting; Valley Water’s as Communications would be providing an update of the FY23 Flood Awareness Campaign which those results could impact and guide initiative actions. 231
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Initiative #2 - Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information
− Group was asked if anyone have any ideas or contacts to share? For example, the Santa Clara County Chamber of Commerce. Does anyone have any contacts with them? Who are these events catered to? − Beginning of FY23-24 flood season, we will work together to coordinate something county-wide or locally?
Initiative #3 - Expand on outreach to the Asian and Latino communities who live in flood prone areas − Group was asked if they had any ideas to expand outreach Asian or Latino communities in your areas that have been impacted by flooding?
Paola Giles, Valley Water Communications offered that we could reach out to school districts (specific schools with the Asian/Latino demographics), libraries, recreational and senior centers.

Jenn Chu, City of Cupertino mentioned that their Safe Routes to School Coordinator meets with schools and provides flyers, communications.
− Valley Water shared the ArcGIS Online: Valley Water Open Data https://datavalleywater.opendata.arcgis.com/, a free public data and resource. We demonstrated the Disadvantaged Community Web Mapping Application layer:
https://gis.valleywater.org/portal/apps/webappviewer/index.html?id=9c12e4acd60d4e14a4839ce01fcc8b c2.

Initiative #4 - Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events Pointed out that the ArcGIS tool has several layers, including Santa Clara County Low Income Census Tracts (Poverty Zones) and Valley Water Flood Hot Spots. If any community is interested in accessing this information, reach out to Valley Water. We asked the group if there was any overlap of Valley Water’s hot spots versus their jurisdiction’s hot spots? Initiative #5 - Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO])
Shared with the group that Valley Water’s Speakers Bureau: Valley Water’s ‘Let's Talk Water: Speakers Bureau Program (https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau) offers presentations on the history of Valley Water and how we operate and includes information on flood preparedness. Presentations can be customized for groups, as requested.

Steve Golden, City of Los Altos suggested communities could assist with providing contacts for HOA’s and property management companies that interact with renters.

Initiative #6 - Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities (i.e., Second Harvest Food Bank and others) Demonstrated the ArcGIS Disadvantaged Community Application Map Tool Santa Clara County Low Income Census Tracts (Poverty Zones) layer
Initiative #7 - Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas
This is something we could possibly investigate in future years; as was mentioned earlier during the meeting, as part of the Feasibility Study for CRS regionalization in Santa Clara County. The immediate need is us to retain the 280 points for Activity 510 FMP that are currently credited under the 2017 County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).

Valley Water and Santa Clara County are looking into Valley Water possibly developing a separate floodcentric FMP rather than including it as part of the update of the County’s 2017 MJHMP. The proposed flood-centric FMP could have a direct tie-in to this initiative; however, it may not include the RLAA element as part of the FMP.

Valley Water has shared some grant opportunities Climate Change Resiliency, CAL Office of Emergency Services (OES) with our Grant’s Team. It was also mentioned, that under Valley Water’s Safe Clean Water, we have some community grants available to cities/county through our Grants Program. 232
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Initiative #8 - Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370) This initiative ties in with the ongoing CRS regionalization efforts. We will see what recommendations come out of the draft Feasibility Study.

Initiative #9 - Develop a region-wide Flood Response Preparations (FRP) messaging plan Demonstrated an electronic copy of the City of Santa Clara’s FRP. As the PPI Committee has discussed in past meetings, we are still considering using the City of Santa Clara’s FMP as a model for developing a countywide FRP that can be credited uniformly. ISO indicated this approach would likely be credited regionally.
● Discussed usage of Flood Event Kits that Valley Water provided to all communities at the end of October – early November 2022. We requested that communities share these flood preparedness resource materials with other appropriate departments within their organization. ● Provided a status update on the Feasibility Study for CRS Regionalization in Santa Clara County. Discussed the Multi-Jurisdictional Floodplain Management Plan (MJFMP) that Valley Water, its consultant, Tetra Tech, and all Santa Clara County communities will develop. This MJFMP will be a flood-centric FMP and separate from the update to the County of Santa Clara’s 2017 Multi-Jurisdictional Hazardous Mitigation Plan (MJHMP). ● Reminded all CRS communities to review their flood information landing page monthly and to verify all links are valid and annually to ensure content is still relevant and current to comply with CRS Activity 350 - Flood Protection Information, Element c), Flood Protection Website, from the CRS Coordinator's Manual, CRS. They were also reminded to ensure their flood resources landing page re-directs to Valley Water’s Flood Ready landing page, ValleyWater.org/FloodReady, FEMA’s floodsmart.gov and ready.gov.

At the May 16, 2023, meeting, a draft 2021 PPI FY23 Annual Evaluation Report was briefly shared with the communities. The PPI Committee discussed that the FY22 Annual Evaluation Report was used as the starting basis for the FY23 Annual Evaluation Report. We reminded communities that the annual evaluation report will be due as part of communities’ annual CRS recertification package, which will be due on August 1, 2023, or during scheduled 5-year cycle visits (for Cities of Santa Clara, Palo Alto, Sunnyvale, and Mountain View) which are tentatively scheduled to be conducted in November 2023.

Valley Water Communications staff presented an overview of the 2022-2023 Flood Awareness Campaign, including the annual FPM that was mailed in November 2022 to all addresses in the FEMA Special Flood Hazard Area (SFHA) and was also sent to city/town/county managers, public works and planning directors, and communities’ staff at the end of December 2022.

Additionally, Valley Water Communications staff and their consultant, Probolsky Research, shared the FY23 post-campaign polling results the PPI Committee. It was determined that future flood awareness campaigns have an opportunity for expanded outreach to renters of both single-family homes and multi-family units, as well as providing localized historical flood information and outreach materials in public spaces. The FY24 Flood Awareness Campaign approach was discussed.

Valley Water shared the status on the Feasibility Study for regionalizing the CRS program in Santa Clara County.

We are shared that Valley Water will be leading a flood-centric Multi-Jurisdictional Floodplain Management Plan (MJFMP) in lieu of including CRS requirements as part of the update of the County of Santa Clara’s 2017 MultiJurisdictional Hazard Mitigation Plan (MJHMP).

There was discussion regarding forming a separate working group for communities scheduled to be cycled in November 2023 (Cities of Mountain View, Palo Alto, Santa Clara, and Sunnyvale). Valley Water will first meet with Marlene Jacobs, ISO CRS Specialist assigned to all Santa Clara County communities, to see what Valley Water can provide to streamline the document process for activities we perform that are creditable under the CRS program, and which said credit transfers to the CRS communities. In the July/August 2023 timeframe, a coordination meeting between Valley Water, ISO, and the communities scheduled to be cycled will be set up.

Valley Water CRS staff shared information on the Department of Water Resources (DWR) statewide agency coordination calls scheduled to begin by late June – early July 2023. The DWR calls lead up to the California Flood Preparedness Week (CFPW) held each October annually (specific dates for October 2023 to be announced). We 233
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shared Valley Water's experience participating in these calls, including the benefits of learning about CFPW, what other agencies throughout the state are doing, ways to participate, setting up lobby displays for the public, and accessing available resources for public events. All communities were strongly encouraged to participate this year, including presenting a resolution (Valley Water’s template available upon request) to their city councils to adopt CFPW and to forward information to other staff that can help promote flood-preparedness.

We also discussed the usage of the Flood Event Kits that Valley Water provided to all communities in late 2022. Communities were encouraged to use the Flood Event Kits at various city-hosted events, safety fairs, etc., where flood preparedness messaging and materials are shared with residents. These resources will ensure our messaging and information on how to ‘Get Flood Ready’ is uniformed throughout the county.

The group was asked if there was interest in Valley Water, in coordination with the California State Department of Water Resource (DWR), hosting CRS/ISO training required for Certified Floodplain Managers (CFMs) for their continuing education credit requirement. The group expressed interest; Valley Water will work with Robert Lampa of DWR to explore options to bring a four-day training course to California (possibly Valley Water’s facility) sometime in early 2024.

We reviewed actions needed to complete the development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 23 (Year 2: July 2022 to June 2023). This annual evaluation report is the second report for the 2021 PPI which documents our collective outreach project activities.

VI. FUTURE MESSAGING – Other New Initiatives
The PPI Committee identified several opportunities to expand on existing initiatives and initiate new ones as follows:

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas.

4. Expand on outreach to ‘hot spots’/flood-prone areas by hosting on-site or virtual public events.

5. Expand the reach to local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO]).

6. Expand the reach to residents in historically underserved and low-income communities through partnerships with organizations that serve these communities (i.e., Second Harvest Food Bank and others).

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

The messages that the PPI Committee originally chose are still relevant to Santa Clara County. The committee will continue to increase its efforts to encourage people to prepare personal/family emergency plans and be Flood Ready. This will be incorporated into the flood preparedness outreach starting every fall. The PPI Committee will also continue coordinating efforts with Valley Water’s Education Outreach Program to promote flood preparedness in local schools.

The PPI Committee recommends continued use of social media for messaging. Mobile usage among individuals has increased exponentially over the years, and online platforms are rapidly adjusting to mobile-friendly standards. This provides an excellent opportunity to modernize campaign ad efforts by utilizing social media and digital advertising to increase exposure and reach more residents in Santa Clara County. Furthermore, these modern advertising methods allow for specialized demographic targeting to reach a narrow and defined audience, improving the ability to reach vulnerable populations effectively.

In support of our preparedness messaging, the PPI Committee will continue to promote the importance of having family emergency plans and kits ready before an emergency/flood event occurs.

The PPI Committee will continue to promote the American Red Cross All-Hazard App which monitors alerts for 234
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severe weather, including floods, and the Floodsmart.gov and Ready.gov websites. The communities will distribute American Red Cross Emergency Contact Cards at events throughout the county.

VII. CONCLUSION
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY23. The 2021 PPI allowed PPI Committee members to mutually decide which flood risk reduction messages are most appropriate for our residents and identified how to effectively deliver these messages. The objectives of participating in the 2021 PPI are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks within Santa Clara County, and to earn valuable CRS credit points when identified outreach projects are implemented.

The CRS Users Group/PPI Committee will continue their outreach efforts through FY24. ________________________________________________________________________________________ Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of 2023 Annual Recertification/5-year Verification Package, as required:

1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee

2. Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY23 Project Accomplishments

3. March 21, 2023, Santa Clara County CRS Users Group Meeting Agenda** 4. March 21, 2023, Santa Clara County CRS Users Group Meeting Attendance Sheet

5. May 16, 2023, Santa Clara County CRS Users Group Meeting Agenda**

6. May 16, 2023, Santa Clara County CRS Users Group Meeting Attendance Sheet ** Meeting minutes are included in Section V of this report. 235
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Table 1. Original Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee Community Local Government
Representative and Alternates External Stakeholders
County of Santa
Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services Manager,
Department of Planning and Development, Floodplain
Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain Manager
Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain Manager Andrea Trese, Associate Civil Engineer
Christopher Wilson, Operations Manager,
Los Altos Suburban District, California Water
Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima Hills
Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the Milpitas
Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San Jose Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San Jose resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council member
Saratoga David Dorcich, PE, QSP/D, Associate Civil Engineer, Community Development Department, Floodplain
Manager
Rebecca Gallardo, Real Estate Agent for
Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit Manager
Nikki Rowe, American Red Cross
Note: Since the development of the 2021 PPI there may have been changes to a community’s 2021 PPI Committee members (either the local government representatives and/or the external stakeholders). Those member changes are noted on the meeting attendance sheets.

ATTACHMENT NO. 1
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Community At Large
(CAL)
- Multilingual
Communities
- Groups with Special
Evacuation Needs
- New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s FY23 Countywide Mailer (CWM) included
a ‘Floods Can Follow Droughts’ section and was sent
starting November 8 through 18, 2022, countywide to
744,025 addresses (USPS: ECRWSS ‐Extended/Enhanced
Carrier Route Walking Sequence Saturation Postal
Customer). The CWM includes flood protection and
preparedness measures information, knowing your
flood risk, getting flood insurance, developing an
emergency plan and kit, protecting your home from
flood threats, signing up for AlertSCC and the American Red Cross Disaster Emergency App, and understanding
shallow flooding – Turn Around Don’t Drown®.
https://s3.us-west-1.amazonaws.com/valleywater.org.u
s-west-1/s3fs-public/2022-10-26_Drought%20Countywi
de%20Mailer.pdf
All Santa Clara communities support and promote Valley
Water’s outreach projects.
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC CRS communities’ use (print hard copies to distribute at events and/or post of flood preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Multilingual postcards that included the 9 CRS topics and supporting messages, and links to various flood
readiness/preparedness webpages were produced and
distributed to all Santa Clara County communities, including CRS communities, in early January 2023.

Additionally, in mid-November 2022, Valley Water’s
2022-2023 Flood Awareness Outreach Partner Social Media Toolkit, “Our Climate Has Changed,” which included the
postcards, were made available for download to all
partnering agencies.

The toolkit includes the following items which contained messages for all nine flood awareness tips (PPI CRS message topics) for all Santa Clara County communities to use:
● Key flood outreach messages,
● SFHA floodplain mailer (multilingual)
3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 2 Each September, all deliverables need to be reported to Valley Water for tracking purposes. 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm 1 ATTACHMENT NO. 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
● ‘Are You Flood Ready?’ Postcard
● Flood Awareness ‘Our Climate Has Changed”
(dated 11/2022) double-sided flyer (multilingual)
for digital use and print
● Digital multilingual ads (web and social media
graphics)
● Videos,
● Flood Awareness text, tips, and URLs
(multilingual), and
● Flood Can Follow Droughts 2001-2023 Timeline
Cupertino distributes copies of Valley Water’s Flood Safety Tips at various fairs/events (i.e., Earth Day Festival) and provides additional copies for the public on display at City Hall. Cupertino also has a direct link to Valley Water’s annual mailer and Flood Ready webpage on the City’s
“Floodplain Management” webpage.

Los Altos distributes brochures available at City Hall, library, and community center. They are also distributed at
community events (emergency training, wine stroll, etc.).

Morgan Hill hosted ‘National Night Out’ on August 2, 2022.

Flood preparedness information (Valley Water floodplain mailer, red ‘Get Flood Ready’ which includes an emergency supply list tote bags, etc.) were distributed.

Mountain View promotes and distributes Valley Water’s
Flood Safety Tips and emergency kits at fairs (i.e., Earth Day Celebration). Valley Water’s flood safety brochures are available at city hall.

Palo Alto promotes and distributes Valley Water’s Flood Safety Tip and emergency kits at fairs (i.e., Earth Day Festival) and provides as an informational item on Utility Inserts sent every year. Valley Water’s flood safety
brochures are available at city hall.

The City of Santa Clara has hard copy brochures available at city hall and central library. They are distributed at the yearly art & wine festivals as well.

All Santa Clara communities support and promote Valley
Water’s outreach projects.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1-9)
City of Cupertino Each October
or November
issue
N/A Cupertino published the annual flood preparation article in the October 2022 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess Your Flood Risk and Flood Insurance Availability” on 10/5/22 and on 10/19/22 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los Altos
Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials at events, including Valley Water’s annual floodplain mailer and promotional item (e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices, FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public
Town of Los Altos
Hills
Annually,
spring and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December or
January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 11/16/22. This was sent out in four languages (English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan Hill
Annually, close
to or during
the start of the
rainy season
N/A It is anticipated that the City of Morgan Hill will mail out citywide the “2023 Flood Report” in late June 2023 or
sometime in July 2023.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View’s publications have been updated. This year in March 2023 after a large round of storms we provided information (link to webpage, reporting flooding, sandbags) in the “City Hall Connection” which is sent to all registered users in the city.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer in December 2022.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert) to all residents and businesses in the City, along with their utility bills (Topics 1-9)
City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers to all residents and businesses along with their utility bills in October 2022. The social media ad campaign (i.e. Facebook, Instagram, Nextdoor) was also included in the utility bills that went out in October 2022.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational announcement on utility bills went out in December 2022.

Effective FY 23, the City’s Public Works Department has 3 ATTACHMENT NO. 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
shifted from the March/April time frame of this
announcement, to December each year.
(PA OP #13) The city distributes various flood preparedness and safety documents, including FEMA NFIP materials for public/policyholders City of Palo Alto Year Round N/A Palo Alto distributed flood preparedness documents, including the emergency starters kit, to the local libraries and also made informational materials available in the HQ lobby.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa Clara Each fall N/A Santa Clara: Citywide newsletter was sent to residents and is available on the city website in November 2022.

Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:

The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources, includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain mailer “Our Climate Has Changed - Be Aware, Be Prepared, Take Action”(dated 11/22
https://online.flipbuilder.com/tkap/tmie/) and “Floods Can Follow Drought” countywide mailer (dated 10/2022
https://s3.us-west-1.amazonaws.com/valleywater.org.us-w est-1/s3fs-public/2022-10-26_Drought%20Countywide%20
Mailer.pdf ), and “You Live in a Flood Zone, Make Sure You Are Ready. Do You Know What to Do Before, During, and
After a Flood”’ trifold (dated 12/2022
https://online.flipbuilder.com/tkap/zmox/).

Cupertino’s “Floodplain Management” webpage has a link
that redirects to Valley Water’s Flood Ready landing page.

Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood ready landing page.

Los Altos’ “Floodplain Management Information” web page links to Valley Water’s Flood Ready web page.

Morgan Hill’s “Floodplain Management” landing page
redirects to Valley Water’s Flood Ready landing page.

Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood Ready landing page.

City of Santa Clara’s “Flood Protection Information” web page redirected to Valley Water’s Flood Ready page.

All Santa Clara communities flood protection resource
landing pages redirect to Valley Water’s Flood Ready
landing page.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(ALL OP #16) All communities’ website flood protection resources webpage includes language that contains the three additional PPI priority messages noted below:

7. Develop an emergency plan

8. Download disaster apps

9. Understand shallow flooding risks––don’t drive through standing water All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page includes the top 6 CRS priority topic messages, as well as the 3 additional messages identified in the 2021 PPI (page 45).

Cupertino’s “Floodplain Management” webpage has a link
to Valley Water’s annual mailer which includes the CRS 9 topics.

Gilroy’s “Emergency Preparedness”' webpage redirects to Valley Water’s Flood Ready landing page, ‘9 Essential Tips to Get Flood Ready.’ Our Emergency Preparedness page also
includes topics 7, 8, and 9.

Morgan Hill’s “Flood Information, Floodplain Management” webpage includes a link to the “2021 Flood Report” that includes the CRS 9 topics.

Palo Alto’s utility insert includes all three additional PPI priority messages, and the Flood Information and Winter Storm Preparedness website has a link to the utility insert which shows the three additional PPI.

City of Santa Clara’s “Flood Protection Information” web page includes resources for preparedness.
(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage available for all residents in the county, includes re-directing to www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx Santa Clara County
Office of Public
Affairs
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information Santa Clara County
Consumer
Protection Division
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage https://emergencymanagement.sccgov.org/people-access-and-functional-needs-a fn
Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency preparedness information, includes re-directing to Valley Water’s www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergency-s ervices/citizen-preparedness
City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino has archived the “Citizen Preparedness” webpage and created a new “Floodplain Management”
webpage:
https://www.cupertino.org/our-city/departments/public-w orks/permitting-development-services/floodplain-manage
ment
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B) City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready landing page, the National Weather Service
webpage, Ready.gov, FloodSmart.gov, and the City’s Flood Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as needed. (LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information City of Los Altos
Public Works
Department
Year Round N/A Los Altos’ webpage is updated as needed. The webpage URL is:
https://www.losaltosca.gov/publicworks/page/floodplainmanagement-information (LAH OP #24) The town hosts a “Flood Information” webpage on the town’s website. This webpage includes information on the PPI nine topics, including a supporting message. The webpage redirects to the following key resource websites: www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov, and www.weather.gov
Town of Los Altos
Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #25) The town’s website encourages residents and businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov Town of Los Gatos Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS webpages
The city’s website also has a “Important Flood Hazard Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B)
https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood-informat ion/
City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going.

Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/engin eering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management” webpage that contains city’s flooding information which redirects to their Floodplain Management page and includes a link to the city’s latest annual “Flood Report.” The webpage redirects Valley Water’s flood ready webpage and also contains FEMA flood information
http://www.morgan-hill.ca.gov/747/Flood-Information
City of Morgan Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain Management” webpage will be updated to include a link to the “2023
Flood Report” brochure.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Floodplain Management | City of Morgan Hill, CA - Official Website (MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness City of Morgan Hill
Police Department
Year Round N/A Morgan Hill continues to maintain its “Emergency Preparedness” landing page.

The Emergency Preparedness landing page promotes “Do
1 Thing” a 12-month program with a goal of assisting the community to be better prepared for emergencies and
disasters. This information was also included in the “Weekly 411.”
(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public Works
Department
Year Round N/A City of Mountain View’s “Flood Protection and Insurance Information” web page includes resources for
preparedness.
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the “Floodplain Management” webpage that has all relevant information regarding flood plain management topics.
(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms; flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the “Flood Information and Winter Storm Preparedness Webpage” which has links to
the “Flood Safety Tips” flier under ‘Before the Storm
Additional Information.’
(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the real time creek monitor webpage that warns residents of imminent danger of
flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” web page which contains useful information for flood readiness (listed in Appendix B) https://www.cityofpaloalto.org/services/public_safety/flood_information_winter _storms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto continues to host the “Flood Information and Winter Storm preparedness” website has useful
information on flood preparedness for before storm, during storm and after storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which includes information of flood preparedness
https://www.sanjoseca.gov/your-government/departments/public-works/develo pment-services/floodplain-management
City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart information. Updated link:
https://www.sanjoseca.gov/your-government/departments
-offices/public-works/development-services/flood-hazard-z one
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable information on flood related topics
https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineerin g/flood-protection (also listed in Appendix B)
City of Santa Clara Year Round N/A Santa Clara: Website is updated and maintains flood topic information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood protection website.

Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the community at large, including our multilingual community. Many of the Santa Clara County CRS Communities recognize Valley Water’s Flood Awareness Campaign and link it on their community’s flood information web page and redirect to Valley Water’s Flood Ready webpage (Topics 1-9) Campaign features social media videos and postings on various platforms (i.e., Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio ads, billboards, utility bill inserts for communities to use, communities redirect to ValleyWater.org/FloodReady and television/mobile ads targeting residents who live in flood-prone areas and multilingual ethnic communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
The Flood Awareness Campaign lasted four months, from
mid-November 2022 to February 2023. The paid
advertisement campaign cost a total of $330,000.

Valley Water’s FY23 Annual Flood Awareness Campaign
continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in Santa Clara County's FEMA SFHA.

As part of Valley Water’s FY23 Flood Awareness Campaign, Valley Water sent two separate targeted mailers to all
homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were
multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.

1. Annual Floodplain Mailer (FPM) - Valley Water’s
multi-language (English, Spanish, Chinese, and
Vietnamese) annual FPM “Our Climate Has Changed -
Be Aware, Be Prepared, Take Action” (dated 11/22)
mailed on November 28, 2022.
https://online.flipbuilder.com/tkap/tmie/

2. Trifold “You Live in a Flood Zone– Make Sure You Are Ready. Do You Know What to Do Before, During, and
After a Flood?” mailed on
January 6, 2023.
https://online.flipbuilder.com/tkap/zmox/
Additionally,, ‘Are You Flood Ready?’ multilingual
postcards that included the 9 CRS topics and supporting messages, and links to various flood
readiness/preparedness webpages were produced and
distributed.
https://www.valleywater.org/are-you-flood-ready
Requested copies of the FPM, postcards and trifold mailers were sent to all Santa Clara County cities and county
Public Works and Planning Departments.

In mid-November 2022, Valley Water’s 2022-2023 Flood
Awareness Outreach Partner Social Media Toolkit “Our
Climate Has Changed,” was made available for download to all partnering agencies, including CRS communities. The 8 ATTACHMENT NO. 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
toolkit provided links to the multilingual floodplain mailer, Flood Can Follow Droughts 2001-2023 Timeline, ‘Are You
Flood Ready?’ postcard, and social media graphics and
videos, that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0.

During FY23, Santa Clara County experienced a drought
emergency. Valley Water’s annual FPM reminded
everyone that flooding can happen anytime it rains, and that climate change has made extreme weather the new
normal. Drought conditions can harden the ground and
increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's
ongoing flood protection projects in areas susceptible to flooding.

In FY23 the FPM featured a QR code, a cling with
important flood safety websites, a detachable emergency phone list, photos of our most recent flood protection
projects and a graphic image displaying how historical
floods have followed droughts in Santa Clara County (see below attached “Santa Clara County Floods & Droughts
Timeline [2001-2023]).

Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen
during a drought," on social media and web platforms. The campaign launched in Winter FY23, starting with the
season's first rains, and continuing through March 2023.

At the May 16, 2023 CRS Users Group/PPI Committee
Meeting, Adam Probolsky shared the FY 22-23
post-campaign polling results.
● 39% recalled receiving mail with information about
flood safety (59% in 2021-22).
● 64% are confident they have taken all necessary
precautions to protect themselves from floods
(76% in 2021-22).
● 43% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair
(61% in 2021-22).
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
● 48% is aware that their home is located in a food zone awareness over last year
(56% in 2021-22).
● 39% of respondents clearly understood Valley Water’s
three main calls to action to be Flood Ready [develop an emergency plan, build an emergency kit, and get flood
insurance] (58% in 2021-22).
● 39% respondents have flood insurance; 15% of renters
polled, have insurance (51% in 2021-22).

The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. We
will continue with targeted mailings to the FEMA SFHA as our outreach strategy for the flood awareness campaign
rather than targeted advertising.

All Santa Clara communities support and promote Valley
Water’s outreach projects.

Los Altos included an insert provided by Valley Water to all residents and businesses via a refuse collection bill insert in November 2022 (non-residential) and January 2023
(residential).

Morgan Hill’s flood preparedness outreach efforts for FY23 are listed below:
● August 2, 2022 - Hosted ‘National Night Out.’ Flood
preparedness information (Valley Water floodplain
mailer, red ‘Get Flood Ready’ which includes an
emergency supply list tote bags, etc.) were distributed. ● September 2022 - Announced in its Weekly 411 that
September was National Emergency Preparedness
Month.
● October 2022 - Starting in June 2022, began
participating in the ongoing statewide agency
coordination calls that led up to California Flood
Preparedness Week held during the week of October
22-29, 2022. The City also supported Valley Water’s
efforts throughout the month of October 2022
promoting flood preparedness.
● January 2023 - Included information regarding
flooding and weather precautions via the “Weekly
411.” Additionally, later in the month, another
“Weekly 411” included information on signing up for
Alert SCC and information on flood preparedness.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
● March 2023 - Promoted “Do 1 Thing” s a 12-month
program with a goal of assisting the community to be
better prepared for emergencies and disasters. This
information was included in the “Weekly 411” and is
also included on the City’s Emergency Preparedness
landing page:
https://www.morgan-hill.ca.gov/133/Emergency-Prep
aredness
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social Media and Web Resources Guide’ is provided to all cities/county in Santa Clara County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual
FPM
All Santa Clara
County CRS
Communities
In mid-November 2022, Valley Water’s 2022-2023 Flood
Awareness Outreach Partner Social Media Toolkit “Our
Climate Has Changed,” was made available for download to all partnering agencies, including CRS communities. The toolkit provided links to the multilingual floodplain mailer, Flood Can Follow Droughts 2001-2023 Timeline, ‘Are You
Flood Ready?’ postcard, and social media graphics and
videos, that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0.

All Santa Clara communities support and promote Valley
Water’s outreach projects.

Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during the 2022/2023 flood season and on the city’s website.

Morgan Hill’s Public Information utilizes Valley Water’s Get Flood Ready social media and resources as they deem
applicable on any given period.

Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm Preparedness website.

Santa Clara has Valley Water’s Flood Awareness Campaign linked on the City’s Public Works, Engineering, Flood
Protection Information landing page on their website.
(SCC OP #41) Shares Valley Water’s digital social media resource links during the flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages redirect to Valley Water’s website. Messages are used on social media, short form newsletter, short form email, web, and Nextdoor Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the “Floodplain Management” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works “Flood Management” webpage both link to Valley Water’s
Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los Altos
Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked the Town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los Gatos Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MV OP #46) The city does a social media notification about storm preparation for winter storms ahead of time. The notification directs residents to their “Flood Protection and Insurance Information” webpage. The city has also linked the city’s webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared several social media posts before, during and after the major rain events during the winter.

Posts included information on preparation, forecasts for rain events and real time updates on current flooding . (SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other platforms, focused on safety.

The city has prepared a pre-flood plan (FRP) for public information projects that will be implemented before, during, and after a storm/flood, as well as identifying who is responsible for posting these messages, what type of events they apply to, what social media platforms to post to and how often
City of Santa Clara
Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for flood awareness week led by City Streets Division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps Valley Water’s floodplain mailer static location at City Hall for residents to pick-up and is also distributed at various events throughout the year City of San Jose Year Round N/A San Jose places Valley Water’s FPM at City Hall and their website redirects to Valley Water’s Flood Ready webpage.

The City recognizes and supports Valley Water’s Flood
Awareness Campaign.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #50) The city does a social media notification about storm preparation for winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #51) The city actively posts flood safety and preparedness messaging through social media platforms (i.e., Facebook and Twitter) City of Sunnyvale
Environmental
Services
During the
rainy season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook regarding keeping the storm drain clear to prevent clogging. 12 ATTACHMENT NO. 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
better prepared before a
flood event
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made available to all Santa Clara County CRS Communities to disseminate at various events, including keeping the mailer static in lobby areas for visitors to pick-up.

Valley Water attends various communities’ events/fairs throughout the county and disseminates flood readiness materials, including various FEMA flood-related publications and Valley Water flood ready materials (Topics 1– 9) Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s FY23 Annual Flood Awareness Campaign
continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in FEMA SFHA for Santa Clara
County.

Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) annual FPM “Our Climate Has Changed -
Be Aware, Be Prepared, Take Action” (dated 11/22) was
mailed on November 28, 2022 to all parcels in the FEMA
SFHA and copies were mailed to all Santa Clara County
cities and county Public Works and Planning Departments in December 2022.

The below table reflects the quantities requested/sent
by/to the agency.

Valley Water’s 2022-2023 Flood Awareness Outreach
Partner Toolkit was made available for download to all
partnering agencies:
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0 .

The toolkit includes the following:
● Key flood outreach messages,
● SFHA FPM (multilingual)
● Flood awareness double-sided flier (multilingual)
for digital use and print,
● Digital multilingual ads (web and social media),
and
● Flood Awareness text, tips, and URLs
(multilingual).
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Cupertino distributes copies of Valley Water’s Floodplain Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.

Los Altos distributes copies of the Valley Water’s Floodplain Mailer and postcards at City Hall and Community Center
buildings.

Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and Palo Alto’s Open House every year.

Santa Clara: Fliers and additional information are currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/ facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional copies of the mailer for the public on display at City Hall.
(GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July
(GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival (due to the shooting at this festival in July 2019, the City has postponed this event indefinitely) or PWWCOH in 2023, so no materials were
distributed at those events. However, on October 4, 2022, the City hosted National Night Out where flood readiness materials were distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los Altos Hills
Annually,
Spring (ED) and
late Summer
(TP)
N/A Town of Los Altos Hills: No update available - non-CRS participating community
(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributing flood ready kits and information on “Earth Day” which is on April 22, 2023.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF) and Thursday Night Live (TNL) and distributes flood preparedness information City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Many events have changed post-COVID. Mountain View attends various events such as Earth Day, Public Works
Week and distributes flood readiness fliers and handouts during these events.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event and at the city Municipal Corporation Open House (MCOH). Upon request, the city also participates in other fairs and promotes flood readiness, including Creekwise mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto was not able to host a flood readiness table at the Earth Day Event, however, in substitute to that, the City will host a table at the July 4th event (FY24) and City Municipal Corporation Open House which will be held on July 15,
2024 (FY24). During FY23, the City provided the local library with flood readiness materials, including the emergency starter kits.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water staff participates in and promotes flood preparedness City of San Jose Each May and
October
Valley Water San Jose hosts the annual Building and Home Safety Open House. However, this year’s event was on hold due to
COVID-19 pandemic. The Open House is scheduled to be
back on 7/18/23. The City hosted “Pumpkins in the Park” on 10/8/22. Valley Water hosted an information booth and distributed flood preparedness information on flood safety and emergency preparedness materials, including Valley
Water’s annual floodplain mailer.
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley Water also sponsors a table at the festival promoting flood preparedness and distributes various flood readiness materials to the community City of Santa Clara Each
September
N/A Santa Clara: Flood readiness table was set-up at Arts & Wine Festival September 2022. Flood promotional packets and fliers provided by Valley Water were distributed to visitors.

Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the “Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Increase in inquiries on
retrofitting measures.

Decrease the number of
repairs and elevations
without permits.

Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection Advice. Staff provides in-person flood risk consultation at the front counter and/or site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMA-related requests.
(MIL OP # 63) The city offers Flood Protection Assistance, Property Protection Advice and provides in-person flood risk consultation at the front counter City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice
City of Santa Clara Year Round N/A Santa Clara: On-going per requests to the city Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa Clara County residents in Valley Water’s CWM and FPM Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY23 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood ready landing page contains ‘Do not pollute, dump, or drain
anything in creeks’ under the ‘Before a Flood’ section. https://www.valleywater.org/flooding-safety/flood-ready/fl ood-safety-advice
Valley Water hosted Coastal Cleanup Day (CCD) on
September 17, 2022 (Results: 1,056 people participated;

52.905 distance cleaned miles; 25,912.83, includes
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
decrease in the amount
of trash removed
recyclables, weight of trash collected; 2,217.25weight of recyclables collected), and
National River Cleanup Day (NRCD) on May 20, 2023
(Preliminary Results: 676 people participated; 50.54
distance cleaned miles; 28,981.02 includes recyclables, weight of trash collected; 1,500.11 weight of recyclables collected). Several of our CRS communities participated. https://cleanacreek.org/past-results-2/
Several Santa Clara communities participate in these
clean-up events..

Cupertino’s “Floodplain Management” webpage has a link
to Valley Water’s Floodplain Mailer. The City also includes the “Do Not Dump” messaging in The Cupertino Scene’s
annual flood preparedness article.

Morgan Hill includes this message in their annual Flood Report. The report is posted on the City’s “Floodplain
Management” landing page.

Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water O&M Year Round N/A Valley Water’s Operations & Maintenance continues its practice of placing ‘Do Not Dump’ signs on waterways/
channels.
(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline number.
https://www.valleywater.org/project-updates/your-neighbo rhood
(SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara County Year Round All Santa Clara County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all public right of way catch basin and inlets.

City of Santa Clara: Stenciling/Medallion installed on public catch basins/inlets.

Santa Clara County: No update available - non-CRS
participating community.
(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter and includes a “Do Not Dump” message. It was published in fall 2022.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(ALL OP #70) Developments that are modifying or constructing new catch basins/storm drains/inlets are required, per the below-noted permits, to stencil the “No Dumping! Flows to Bay.” In addition, some of these cities require all bid documents for capital projects which are modifying or constructing new catch basins, and require the contractors to install the same stencil. The program is also highlighted on cities’ websites.
▪ South County municipalities are subject to the statewide “Phase II” NPDES Permit
▪ North County municipalities are subject to the SF Bay Municipal Regional Stormwater NPDES Permit
All
Add Headings
(Format >
Paragraph styles)
and they will
appear in your
table of contents.

Year Round N/A Valley Water mark’s each inlet with a “No Dumping! Flows to Bay” message on Valley Water properties.

Cupertino requires all storm drain inlets to include a
medallion with “NO DUMPING - FLOWS TO CREEK/BAY” for
development projects.

Gilroy requires all new storm inlets and catch basins to include a stencil or medallion with no dumping, flows to creek/waterway language for development projects.

Morgan Hill requires all storm drain inlets and catch basins within the project area of development applications to be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO CREEK”) and/or graphical icons to discourage illegal dumping.

Mountain View requires all storm drain inlets to include a medallion with “NO DUMPING - FLOWS TO CREEK/BAY” for
development projects.

Palo Alto requires all storm drain inlets to include a
medallion with “NO DUMPING-FLOWS TO CREEK/BAY” for
development projects.

City of Santa Clara provides and installs “No Dumping Flows to Bay” plaques near each catch basin for any new storm drain inlets constructed as part of a project per the City specifications
(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino Scene,’ contains dumping is illegal messaging and how to report City of Cupertino Annually,
October
-November
N/A Cupertino includes the “Do Not Dump” messaging in The Cupertino Scene’s annual flood preparedness article.
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-Creek Program
City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on 9/17/22 and National River Clean-Up Day on 5/20/23.

The City no longer participates in Valley Water’s
Adopt-a-Creek Program.
(LAH OP #73) The town participates in annual clean-up events: National River Clean-up Day (each May) and Coastal Clean-up Day (each September) and coordinates volunteers. They coordinate with Valley Water on both these clean-up efforts. The town also participates in Valley Water’s Adopt-a-Creek Program
Town of Los Altos
Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal messaging and how to report
City of Milpitas Each
December or
January
N/A Milpitas: The City’s flood advisory utility bill insert has information about illegal dumping and how to report it. (MIL OP #75) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-Creek Program
City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as an in-person event on September 17, 2022. NRCD is planned for May 20, 2023 with one cleanup location.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of streams – Do Not Dump messaging
City of Morgan Hill Annually, close
to or during
the start of the
rainy season
N/A Morgan Hill’s “2023 Flood Report” brochure will contain the message “It’s illegal to dump debris and trash into our creeks.”
(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal Messages on City’s utility insert that was sent out in
October 2022.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety Tips,’ including Protect natural floodplains - keep rain gutters and drainage channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain gutters and creeks free of debris messages on flood safety tips sent as Utility Announcement and the flier sent as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. Additionally, the city participates in Valley Water’s Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River Clean-up Day on Matadero and Adobe Creek. Palo Alto also participates in the multi-jurisdictional effort on creek clean-up of San Francisquito Creek.
(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek are done annually on an as-needed basis. The city also assesses its hot spots and cleans up the local drainage system on an ongoing basis and part of its operations and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff continue clean-ups of trash booms on Matadero Creek and Adobe Creek, assess hot spots and
clean ups on an ongoing basis on the entire City’s storm drain network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message in the fall Horizon. It was published in fall 2022.

Residents and
Businesses in the
Special Flood Hazard
Area (SFHA)
- Low Lying Areas, Along
Rivers and Creeks
- Coastal Communities
at Risk for Sea Level
Rise/Tsunamis
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses within the SFHA in Santa Clara County (Topics 1– 9) Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) Floodplain Mailer (FPM) 2022-2023 ‘Our
Climate Has Changed - Be Aware, Be Prepared, Take Action’’ was mailed to all SC County parcels in the FEMA SFHA;
51,120 FPMs were mailed in late November 2022. Hard
copies of the FPM’s (quantities noted below, as requested by the communities), along with “Our Climate Has Changed” (dated 11/2022) postcards were also mailed to each
city/County in early January 2023..

Community Floodplain
Mailer
Postcard
City of Los Altos 50 100
Town of Los Altos Hills 25 150
City of Milpitas 50 25
City of Mountain View 25 25
City of Cupertino 100 100
VW CRS Program 150 300
All other cities/county (10 ct. ) 25 25
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
- Repetitive Loss (RL)
Areas
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Additionally, electronic copies (flipbook style) of the FMP’s were emailed to all City Managers, Public Works and
Planning Directors, Floodplain Managers, CRS Coordinator's and CRS staff on December 30, 2022, for their use
throughout the flood season and beyond
(i.e., websites, lobby area, for distribution at events).

Valley Water’s FPM is posted on our flood protection
resources landing page (FloodReady); we distributed the mailer at our various events throughout the year, and we kept copies in our main office lobby area.

All Santa Clara communities support and promote Valley
Water’s outreach projects.

The City of Los Also posted Valley Water’s FPM on our flood protection website and we kept copies in the city hall lobby.

The City of Cupertino posted Valley Water’s FPM on our
flood protection website and we kept copies in the City Hall lobby.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which reaches residents and businesses in the SFHA (Topics 1-9) City of Cupertino Each October
or November
issue
N/A Cupertino published the annual flood preparation article in the October 2022 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your Neighborhood?” brochure to property owners in the SFHA (Topics 1-8) City of Los Altos Annually, each
fall
N/A Los Altos mailed letters to all SFHA property owners in November 2022.
(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los Altos
Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within SFHA (Topics 1-6)
City of Milpitas Each
December or
January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 11/16/22. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the SFHA (Topics 1-9)
City of Morgan Hill Annually, close
to or during
the start of the
rainy season
N/A Morgan Hill’s “2023 Flood Report” brochure is anticipated to go out late June 2023 or some time in July 2024.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View’s publications have changed. This year the information was distributed in the ‘City Hall Connection’ newsletter.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
(MV OP #89) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer in December 2022.
(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer) to all residents and businesses in the city, including to those in the SFHA, along with their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as utility inserts was sent out in October 2022.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement in December 2022.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9) City of Santa Clara Each fall N/A Santa Clara: Newsletter was sent on November 1, 2022, and available on the City’s website.
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know How to Be Flood Safe” that promotes flood safety and flood preparedness messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4)
City of Sunnyvale Each fall
around
October
N/A Sunnyvale: The City still sends out mailers to targeted residents and a flood safe newsletter article. The mailers were sent November 2022.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The mailers were sent October 2022.

Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the areas of the county’s mapped repetitive loss areas
Santa Clara County Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, mid-year
N/A Cupertino continues to send out an annual letter to former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan Hill Annually, each summer
N/A Morgan Hill will sent letters to properties in the City’s mapped repetitive loss areas in June 2023.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss areas, highlighting flood safety tips
City of Palo Alto Annually,
typically
August -
September
N/A Palo Alto sent letters to properties in the City’s mapped repetitive loss areas, highlighting flood safety tips in August 2022.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas
City of San Jose Annually, each
typically
between
September -
December
N/A San Jose sent letters to general repetitive loss property areas in April 2023.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that customizes presentations to update groups on specific issues, provide updates on Valley Water projects, including flood protection projects and to educate residents on existing flood risks as well as provide resources and tips to be flood ready. https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau Valley Water
Communications
Unit
On a
project-specific
basis or as
requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau Program is active and available to the community. General
presentations discuss Valley Water’s flood protection,
including flood preparedness and awareness, and our
creeks and ecosystems. Customized presentations for
groups on specific issues are also available.

1. October 13, 2022 – City of San Jose Board of Retirees meeting

2. October 20, 2022 – Palo Alto Kiwanis meeting

3. October 22, 2022 – Greentown Los Altos Library event

4. November 3, 2022 – Harbor Industrial Association
luncheon

5. December 6, 2022 – RE/MAX Realtor informational
meeting

6. January 4, 2023 – Mount Pleasant Neighborhood
Assoc meeting

7. January 18, 2023 – Cupertino Library presentation
hosted by Cupertino Library Foundation

8. February 9, 2023 – Sons in Retirement: Branch 54
monthly meeting

9. February 13, 2023 – Rotary Club of Evergreen Valley
meeting

10. February 14, 2023 – Santa Clara County: Sustainability Working Group presentation

11. March 1, 2023 – Seven Trees Neighborhood
Association meeting

12. March 6, 2023 – Leadership Morgan Hill presentation

13. March 9, 2023 – Presentation during Mountain View
Senior Center afternoon workshop

14. March 23, 2023 – Mission San Jose Rotary Zoom
meeting

15. April 6, 2023 – Water 101 Academy presentation

16. April 11, 2023 – Presentation during Terraces Los
Gatos monthly speaker series

17. May 4, 2023 – West San Jose Kiwanis meeting

18. May 19, 2023 – Rotary Club of San Jose Silicon Valley (VW OP #101) Participates in booth duty support at various events and fairs throughout the county, including Valley Water Capital project meetings or other events, as requested by various organizations
Valley Water Office
of Government
Relations
Annually.

During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water staff made a concerted effort to actively
participate in community events, including community
festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or close to flood zones.

In FY23 (from September 2022 – May 2023), both Valley
Water and City staff hosted 18 booths and distributed flood preparedness information on flood safety and emergency
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
preparedness materials, including Valley Water’s annual floodplain mailer.

1. 2022 Santos Family 16th Annual Car Show-9/3/22
Alviso, CA

2. Emergency Preparedness Resource Fair-9/10/22 San
Martin, CA

3. Mountain View Art & Wine Festival-9/11/22

4. Assembly Member Ash Kalra’s Veggie Fest-9/17/22 San
Jose, CA

5. Rotary Club Fall Festival-9/24/22 Cupertino, CA

6. Friends of Stevens Creek Trail Trailblazer Race-9/25/22 Mountain View, CA

7. Fall Festival at Martial Cottle Park-10/1/22 San Jose, CA

8. Santa Clara Parade of Champions-10/1/22

9. Pumpkins in the Park-10/8/22 San Jose, CA

10. Bay Area Diwali Festival of Lights-10/8/22 Cupertino, CA

11. Supervisor Lee’s Day on the Bay-10/8/22 Alviso, CA

12. Santa Visits Alviso-12/10/22

13. AAUW Wildflower Run-3/26/23 Morgan Hill, CA

14. VMC Foundation Women’s Leadership & Policy
Summit-4/29/23 Saratoga, CA

15. Tech Interactive Tech Challenge-4/30/23 San Jose, CA

16. Berryessa Art Festival-5/13/23

17. San Jose Giants-5/13/23

18. Campbell Boogie Music Festival, 5/20/23-5/21/23
Morgan Hill hosted ‘National Night Out’ on August 2, 2022.

Flood preparedness information (Valley Water floodplain mailer, red ‘Get Flood Ready’ which includes an emergency supply list tote bags, etc.) were distributed.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA and Valley Water flood preparedness materials, including promotional item(s) as available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with the Silicon Valley Bike Coalition at the Ride Out the Drought event held on October 15,
2022; the Salvation Army on October 22, 2022; Santa Visits Alviso Foundation on December 7, 2023; Sacred Heart
Community Services on February 8, 2023, and Ms. Gail
Osmer, homeless advocate, on March 15, 2023 by providing and/or distributing FEMA, US Army Corps of Engineers, and Valley Water multilingual flood preparedness educational materials and emergency preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.

Additionally, presentations on flood preparedness were
made at the City of Cupertino Public Safety and Community Emergency Response Team (CERT) held on October 26,
2022, and at the City of San Jose Neighborhood CERT event 22 ATTACHMENT NO. 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
held on November 15, 2022. Flood resources were also
shared at these events.
(ALL OP #103) Other New Initiatives (as noted in the PPI document)

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood prone areas.

4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e. Executive Council of Homeowners [ECHO])

6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities. (i.e.

Second Harvest Food Bank and others)

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

All TBD TBD The 2021 PPI Committee identified three efforts needed from each CRS community per the 2021 PPI in order to
prepare and finalize subsequent annual evaluation reports.

One of those efforts is that the PPI Committee must review and consider the ‘Other New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction
efforts.

The Santa Clara County CRS Group/PPI Committee, included the ‘Other New Initiatives’ topic for discussion at both the March 21, 2023 and May 16, 2023 meetings. See Section V.

SC County CRS Users Group/PPIM Committee Meetings -
Monitoring and Evaluating the 2021 PPI in the FY23 Annual Evaluation Report for details regarding the
review/discussion of the nine other new initiatives.

In FY 23, the following ‘Other New Initiatives’ were
accomplished. The below-noted numbers correspond with
the initiatives listed as (ALL OP #103) on left side of this column:

1. Valley Water offered assistance with developing utility bill inserts to all communities. The insert tied into Valley Water’s FY23 Flood Awareness Campaign theme, “Our
Climate Has Changed.” The utility bill insert/mailer/flier were co-branded with 3 communities.

3. Targeted mailers (FPM and trifolds) addressed to all those in the FEMA SFHA were mailed out (see page 7 of the
Annual Evaluation Report) and were multi-language
which included Spanish, Vietnamese, and Chinese.

4. Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of Valley
Water and how we operate and includes information on
flood preparedness. Presentations can be customized for groups, as requested. Several HOA’s were given
presentations that included flood preparedness
information (see page 15 of the Annual Evaluation
Report).

Discussion at the March 21, 2023 CRS Users Group/PPI
Committee meeting, Valley Water pointed out that the
ArcGIS tool has several layers, including Santa Clara
County Low Income Census Tracts (Poverty Zones) and
Valley Water Flood Hot Spots. If any community is
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
interested in accessing this information, reach out to
Valley Water. We asked the group if there was any
overlap of Valley Water’s hot spots versus their
jurisdiction’s hot spots?

6. Valley Water staff actively participated in community events, including community festivals and emergency
preparedness affairs, particularly in communities and
neighborhoods in or near flood zones. In FY23 (from
September 2022 – May 2023), both Valley Water and the
communities staff hosted 18 booths and distributed
flood preparedness information on flood safety and
emergency preparedness materials, including Valley
Water’s annual FPM (see page 15 of the Annual
Evaluation Report).

Other Community Engagement Efforts
Valley Water partnered with the Silicon Valley Bike
Coalition at the Ride Out the Drought event held on
October 15, 2022; the Salvation Army on October 22,
2022; Santa Visits Alviso Foundation on
December 7, 2023; Sacred Heart Community Services on
February 8, 2023, and Ms. Gail Osmer, homeless
advocate, on March 15, 2023 by providing and/or
distributing FEMA, US Army Corps of Engineers, and
Valley Water multilingual flood preparedness educational materials, flood insurance promotion, AlertSCC,
American Red Cross All-Hazard APP, and emergency
preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.

Flood resources were also shared at these events.

7. Discussion at the March 21, 2023 CRS Users Group/PPI Committee meeting regarding Valley Water and Santa
Clara County looking into Valley Water possibly
developing a separate flood-centric FMP rather than
including it as part of the update of the County’s 2017 MJHMP. The proposed flood-centric FMP could have a
direct tie-in to this initiative; however, it may not include the RLAA element as part of the FMP.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
Valley Water has shared some grant opportunities
Climate Change Resiliency, CAL Office of Emergency
Services (OES) with our Grant’s Team. It was also
mentioned that under Valley Water’s Safe Clean Water,
we have some community grants available to
cities/county through our Grants Program.

8. Discussion at the March 21, 2023 CRS Users Group/PPI Committee meeting it was discussed that this initiative ties in with the ongoing CRS regionalization efforts. We will see what recommendations come out of the draft
Feasibility Study.

9. At the March 21, 2023 CRS Users Group/PPI Committee
meeting, Valley Water demonstrated an electronic copy
of the City of Santa Clara’s FRP. As the PPI Committee has discussed in past meetings, we are still considering using the City of Santa Clara’s FMP as a model for developing a countywide FRP that can be credited uniformly. ISO
indicated this approach would likely be credited
regionally.
(CUP OP #104) The city provides a Winter Preparedness notification informing contractors that during the winter season, they need to winterize their project(s) site as certain soil disturbance activities are not allowed during the rainy season City of Cupertino On a
project-specific
basis
Various
contractors
Cupertino continues to prepare and mail the rainy season letters every year to applicable projects. These letters were mailed in late August 2022.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter Preparedness notification that informs them that during the winter season, they need to winterize their project(s) site. Certain soil disturbance activities are not allowed during the rainy season
City of Milpitas On a
project-specific
basis
Various
contractors
Milpitas: On-going. The City of Milpitas will be sending out winterization notices to larger development projects this winter.

Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place Increase in number of
flood insurance policies
in the SFHAs and in the
county in general
Prospective buyers
understand flood risks
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
(MH OP #106) The city mails out a newsletter, “Ask Before You Buy: Know Your Flood Risk!” to local real estate agents which are provided to homebuyers to help determine the flood risk of the property being purchased (listed in Appendix B) City of Morgan Hill During or prior
to the rainy
season
Real Estate
Agencies/Agent
Morgan Hill will be sending the brochure to real estate agents in June 2023.
(PA OP #107) Sends out letters to real estate agencies informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website
City of Palo Alto Annually,
beginning of
flood season
(September/
October)
Real Estate
Agencies/Agent
Palo Alto sent letters to real estate agencies informing of their responsibility to identify flood hazard areas in
August 2022.
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders, informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard Zones webpage and advises to contact the city for map reading services and elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose emailed letters to real estate, insurance agencies and lenders in March 2023.
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments

INPUT HERE ONLY
agents give house
hunters a REB brochure
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing them of the client’s responsibility for identification and purchase of flood insurance and the availability of the automatic 15% discount City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents October 2022.
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Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 21, 2023 | 9:30 – 11:30am
Zoom Meeting
https://valleywater.zoom.us/j/81783191992?pwd=Q1VkRWxlRnc4WCtGS3NIbGR3SkxEUT09 Meeting ID: 817 8319 1992
Passcode: 273986
+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting per Activity 330, Outreach Project, Element 332.c. Program for Public Information, Step 7 requirement (page 2) Outcome: Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report for FY23 (Year 2: July 2022 to June 2023) Section Meeting Topic Presenter Time

1. Introductions Amy Fonseca 10 min

2. Review of the meeting goals and agenda Amy Fonseca 2 min

3. Annual review of CRS Communities Roster Amy Fonseca 2 min

4. Brief status update on the CRS Regionalization in Santa Clara County Feasibility Study
• Floodplain Management Plan (FMP) vs Update to the County’s 2017 Multi-Jurisdictional Hazardous Mitigation Plan (MJHMP)
Amy Fonseca 5 min

5. Review 2021 PPI ‘Other New Initiatives’ Amy Fonseca 20 min

6. 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report
Complete development of the Annual Evaluation Report for FY23 (Year 2:

July 2022 to June 2023)
• Use Activity 330 Outreach Project sheets located here https://fta.valleywater.org/fl/1a2Jh3wyoO to update Appendix A from 2021 SC County Multi-Jurisdictional PPI
• Update FY23 Project Accomplishments column for your community https://docs.google.com/document/d/14MiExVqFA0_Oq4ROnxx_T7RHReV- _5p8/edit?usp=sharing&ouid=104583139517453360848&rtpof=true&sd=true • Communities’ updates due by next CRS Users Group Meeting or sooner Amy Fonseca 45 min

7. Activity 350 – Flood Protection Information
The community must:
• Monthly, check the website’s links at least monthly, and fix those that are no longer accurate
• Annual review the community must review the content to ensure that it is still current and pertinent
Amy Fonseca 2 min

8. Next meeting – Joint CRS Users Group/Program for Public Information (PPI) Committee meeting
• Complete the development of the 2021 PPI Annual Report Year 2 (FY 2023)
2 min

9. Adjourn
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For questions, please contact Amy Fonseca at (408) 630-3005 or [email protected] Excerpt from 2017 CRS Coordinator’s Manual:
“Step 7: Implement, monitor, and evaluate the program. The Program for Public Information committee meets at least annually to monitor the implementation of the outreach projects. The committee assesses whether the desired outcomes were achieved and what, if anything, should be changed. This work is described in an evaluation report that is prepared each year, sent to the governing body, and included in the annual recertification.

The community must update its Program for Public Information at least every five years. This can be a new document or an addendum to the existing document that updates the needs assessment and all sections that should be changed based on evaluations of the projects.

The Program for Public Information update will be reviewed for CRS credit according to the Coordinator’s Manual currently in effect, not the version used when the community originally requested this credit. The update can qualify as the annual evaluation report for the year it was prepared. The updated Program for Public Information must be adopted following the same process as adoption of the original document.” ATTACHMENT NO. 3
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Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
March 21, 2023 | 9:30 - 11:30am | Zoom
Name Agency
Robb Lampa California Department of Water Resources
Jenn Chu City of Cupertino
Susana Ramirez City of Gilroy
Erin McDannold City of Los Altos
Steve Golden City of Los Altos
Thanh Nguyen City of Los Altos
Brian Petrovic City of Milpitas
Elizabeth Koo City of Milpitas
Charlie Ha City of Morgan Hill
Maria Angeles City of Morgan Hill
Renee Gunn City of Mountain View
Rajeev Hada City of Palo Alto
Arlene Lew City of San Jose
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
David Dorcich City of Saratoga
Lea Velasco City of Sunnyvale
Suzanne Park City of Sunnyvale
Tamara Davis City of Sunnyvale
Darrell Wong County of Santa Clara
Michael Alvarez County of Santa Clara
Los Gatos PPW (Public Works) Town of Los Gatos
Nicolle Burnham Town of Los Gatos
Amy Fonseca Valley Water
Don Rocha Valley Water
Merna Leal Valley Water
Paola Reyes (Paola Giles) Valley Water
Quorum Met. All CRS Communities in attendance.

Missing Cities: City of Campbell, City of Monte Sereno, and Town of Los Altos Hills ATTACHMENT NO. 4
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Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 16, 2023 | 9:00am – 11:00 a.m.

Join Zoom Meeting
https://valleywater.zoom.us/j/84766026839?pwd=ekFMSEpXTTQzNlZuYnh4ZU00NnM5UT09 Meeting ID: 847 6602 6839 | Passcode: 185970 | +1 669 900 9128 US (San Jose) Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement Outcome: 2021 PPI Annual Evaluation Report, FY23 (Year 2 of 5) Section Meeting Topic Presenter Time

1. Introductions Amy
Fonseca 10 min

2. Review of the meeting goals and agenda Amy
Fonseca 5 min

3. FY22-23 Flood Awareness Campaign Results approach: targeted outreach, including to renters, items to all addresses in the FEMA SFHA FY23-24 Flood Awareness Campaign
Paola Giles
& Probolsky
Research
20 min

4. Status of Feasibility Study for Regionalizing CRS in Santa Clara County Status of flood-centric Floodplain Management Plan (FMP) in lieu of Santa Clara County Multi-Jurisdictional Local Hazard Mitigation Plan Amy
Fonseca 10 min

5. CRS 2023 Cycle Group (Mountain View, Palo Alto, Santa Clara, Sunnyvale) Updates
Amy
Fonseca
5 min
10 min

6. California Flood Preparedness Week (October 2023)
• Statewide Agency Coordination Calls leading up to CFPW (kicks off mid-May to early June 2023)
• Annual Valley Water Board Resolution
• Flood event kits for all cities/county
• Lobby display example (use you Flood Event Kits: vertical banner, table cover, materials)
Amy
Fonseca 5 min

7. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, FY 23 (Year 2: July 2022 to June 2023) DEADLINE 5/31/23 (Wednesday)
• Use Activity 330 Outreach Project sheets located here https://fta.valleywater.org/fl/oLY0MMAJw3 to update Appendix A from 2021 SC County Multi-Jurisdictional PPI
• Update FY23 Project Accomplishments column for your community https://docs.google.com/document/d/14MiExVqFA0_Oq4ROnxx_T7RHReV- _5p8/edit?usp=sharing&ouid=104583139517453360848&rtpof=true&sd=true REPORT DUE 8/1/23: Due during 5-year cycle visit or as part of annual re-cert.

Amy
Fonseca 20 min

8. Other items
• ISO Training - TBD
Amy
Fonseca 5 min

9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
ATTACHMENT NO. 5
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Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
May 16, 2023 | 9:00 - 11:00am | Zoom
Name Agency
Robb Lampa California Department of Water Resources
Jenn Chu City of Cupertino
Susana Ramirez City of Gilroy
Steve Golden City of Los Altos
Brian Petrovic City of Milpitas
Maria Angeles City of Morgan Hill
Renee Gunn City of Mountain View
Lauren Cody City of Mountain View
Rajeev Hada City of Palo Alto
Vicki Thai City of Palo Alto
Vivian Tom City of San Jose
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
Suzanne Park City of Sunnyvale
Jennifer Ng City of Sunnyvale
Adam Probolsky Probolsky Research
Katie Thompson Probolsky Research
Amy Fonseca Valley Water
Sherilyn Tran Valley Water
Clarissa Sangalang Valley Water
Paola Reyes (Paola Giles) Valley Water
Quorum Met. All CRS Communities in attendance.

Missing Cities: City of Campbell, City of Monte Sereno, City of Los Gatos, City of Saratoga, Santa Clara County, and Town of Los Altos Hills
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CITY OF CUPERTINO
Agenda Item
23-12403 Agenda Date: 7/18/2023
Agenda #: 8.

Subject: Acceptance of $3,205,620 in the Highway Safety Improvement Program (HSIP) grant funding from the State of California (State) for improving safety on 17 roadway segments in the City of Cupertino

1. Adopt Resolution No. 23-091 accepting $3,205,620 in HSIP grant funding from the State of California for safety improvements on 17 roadway segments in the City of Cupertino; and

2. Authorize the City Manager to execute all documentation necessary to accept the grant funding CITY OF CUPERTINO Page 1 of 1 Printed on 7/12/2023
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CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Acceptance of $3,205,620 in Highway Safety Improvement Program (HSIP) grant funding from the State of California (State) for improving safety on 17 roadway segments in the City of Cupertino.

Recommended Action

1. Adopt Resolution No. 23-XXX accepting $3,205,620 in HSIP grant funding from the State of California for safety improvements on 17 roadway segments in the City of Cupertino; and

2. Authorize the City Manager to execute all documentation necessary to accept the grant funding.

Reasons for Recommendation
In January 2023, the City’s Transportation Division completed development of a comprehensive Local Roadway Safety Plan (LRSP). The LRSP identifies transportation safety improvement needs throughout the City for all modes of transportation and for all ages and abilities for the purpose of reducing fatal and severe injury collisions. The LRSP was achieved through a decision-making process that relied on a data-driven collision analysis of local roadways, partnership with stakeholders, and public outreach.

The development of the LRSP was funded by the Federal Highway Administration (FHWA) and the California Department of Transportation (Caltrans) and is a requirement for the City to be eligible to receive federal and State funding for local roadway safety improvement projects, including funding through the Highway Safety Improvement Program (HSIP) grant program.

The LRSP identified 11 of the highest collision corridors and ten of the highest collision intersections throughout the City. The LRSP also identified nine emphasis areas, which are focus areas used to help identify appropriate safety strategies and countermeasures with the greatest potential to reduce collisions occurring at highest collision locations.

Finally, a list of countermeasures and corresponding safety projects were identified which address the emphasis areas at the highest collision locations, as well as other selected locations that were proactively identified as being similar in function and 269
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geometrics to those locations.

Based on that information, the Transportation Division submitted three HSIP grant applications for funding consideration. Of these three applications, one was successfully selected for funding. The funded project targets sections of 17 roadway segments throughout the City which were identified as higher collision corridors, or which were identified as being at a higher risk for speed-related collisions in the LRSP. These roadway segments include sections of:

De Anza Boulevard Mary Avenue
Homestead Road Blaney Avenue
Bollinger Road Rainbow Drive
Wolfe Road Miller Avenue
McClellan Road Stelling Road
Bubb Road Valley Green Drive
Mariani Avenue Calvert Drive
Tantau Avenue
Countermeasures identified in the application for improving safety along these roadway segments include deployment of radar speed warning signs and improving pavement friction through implementation of high-friction pavement treatments.

Details relating to this grant and the corresponding proposed improvements were presented to the Cupertino Bicycle Pedestrian Commission (Commission) at their June 21 meeting. Although no action was requested or taken at the meeting, the Commission was generally supportive of the project.

Sustainability Impact
There is no impact to sustainability.

Fiscal Impact
The recommended action would provide the City with $3,205,620 for improving safety along the City’s high collision roadway segments. Matching funds of $356,180 are required to satisfy grant requirements. The conditions of the grant require that bid documents be completed prior to August 30, 2024, and that the project be completed by June 30, 2025. Transportation Division staff will explore other funding opportunities to cover local match requirements. In the absence of successfully identifying other funding opportunities, staff would return to Council at a later date to request a funding allocation of $356,180 from the City’s General Fund or Capital Reserve to cover the local match requirement.
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California Environmental Quality Act (CEQA)
The project is exempt from CEQA under CEQA Guideline section 15301 (minor alteration of existing facilities).
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
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Attachment A
RESOLUTION NO. 23-xxxx

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING $3,205,620 IN HIGHWAY SAFETY IMPROVEMENT

PROGRAM FUNDING FROM THE STATE OF CALIFORNIA FOR
IMPROVING SAFETY ON 17 ROADWAY SEGMENTS IN THE CITY OF

CUPERTINO
WHEREAS, in January 2023 the City completed a Local Roadway Safety Plan, a comprehensive plan that creates a framework to systematically identify and analyze traffic safety related issues and recommended projects and countermeasures; and WHEREAS, the Local Roadway Safety Plan identified a list of viable safety projects suitable for submission for consideration of Highway Safety Improvement Program grant funding; and
WHEREAS, the City applied for and was successfully awarded $3,205,620 in Highway Safety Improvement Program grant funding for improving safety on 17 roadway segments in the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept the $3,205,620 grant funding for the purpose of improving safety on 17 roadway segments in the City; and furthermore
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute any and all documentation necessary to accept the grant funding.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. __________________
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
23-12401 Agenda Date: 7/18/2023
Agenda #: 9.

Subject: Cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project

1. Authorize the City Manager to negotiate and execute a cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project; and

2. Adopt Resolution No. 23-092 approving budget modification #2324-295, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-036) by $30,000 and Capital Reserve (429-90-001) by $30,000, transferring $15,000 funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-036) and increasing estimated revenues by $15,000
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CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project.

Recommended Action

1. Authorize the City Manager to negotiate and execute a cost sharing agreement between the City of Cupertino and the Midpeninsula Regional Open Space District for the Cristo Rey Bike Lanes Project.

2. Adopt Resolution No. 23-XXX approving budget modification #2324-295, increasing appropriations in the Capital Improvement Program Capital Projects Fund (420-99-036) by $30,000 and Capital Reserve (429-90-001) by $30,000, transferring $15,000 funds from the Capital Reserve to Capital Improvement Program Capital Projects Fund (420-99-036) and increasing estimated revenues by $15,000.

Reasons for Recommendation
In 2021, the Midpeninsula Regional Open Space District (District) completed the Rancho San Antonio Multimodal Access Study (Study). The Study explores and evaluates nonmotorized mobility, transit, and parking alternatives for Rancho San Antonio Preserve, to encourage visitors to opt for greener forms of transportation and reduce parking demand and traffic. The Study recommendations were scored and weighted on a series of factors to develop three sets of strategies for implementation. In April 2021, the District’s Board of Directors affirmed the scored, prioritized transportation demand strategies and findings, and authorized the implementation of the first priority set of recommendations. This set of recommendations contains six strategies for improvement, including improving bicycle access improvements along Cristo Rey Drive.

Following the District’s Board recommendations, the District approached City staff to inquire about the possibility of a partnership, whereby the City would prioritize implementing bicycle improvements along Cristo Rey Drive in return for the District contributing 50% of the funding for these improvements.

The City’s 2016 Bicycle Transportation Plan (Bike Plan) identifies a prioritized list of 275
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projects that support bicycling in Cupertino. It identifies implementation of Class II bicycle lanes on Cristo Rey Drive as a Tier III, or as relatively low priority for improvement. However, the Bike Plan recognizes that the prioritizations are fluid and that opportunities for advancing the projects, such as potential funding opportunities, should be considered.

On December 21, 2022, the Cupertino Bicycle Pedestrian Commission (Commission) considered the District’s offer and the opportunity it presented. The Commission voted 3-2 in support of proceeding with the installation of Class II bike lanes on Cristo Rey Drive within the City’s jurisdiction and recommended that a speed survey be performed, and that the City adjust the speed limit, if appropriate, following completion of the improvements.

The recommended action authorizes the City Manager to negotiate and execute a costsharing agreement with the Midpeninsula Regional Open Space District for installation of Class II bike lanes that is substantially consistent with the draft agreement included as Attachment A.

Sustainability Impact
Implementation of improvements within the Bike Plan will encourage bicycle use and reduce motorized travel, contributing towards a reduction in greenhouse gas emissions thereby supporting the City’s long-term sustainability goals.

Fiscal Impact
Implementation of Class II bike lanes on Cristo Rey Drive are estimated to cost $30,000.

Approval of the cost-sharing agreement with the District will ultimately reduce the City’s fiscal impact to approximately $15,000 on a reimbursement basis. Unexpended project funds at completion will be returned to the Capital Reserve Fund for future appropriation. The Capital Reserve Fund will supply the additional appropriations through a transfer from budget unit 429-90-001 to budget unit 420-99-036. These costs will be offset by the estimated increased revenue of $15,000 from the Mid-Peninsula Cost Share Agreement. If approved, the total balance in the Capital Reserve fund is estimated at $2,227,000.99.

Current Fiscal Summary:

Current Budget and Expenditures Amount
Approved Budget with this Budget Adjustment
(Capital Reserve - 2016 Bicycle Implementation Plan) $15,000.00 Mid-Peninsula Cost Share Agreement $15,000.00
Expenses to Date $0.00
Remaining Budget $30,000.00
Estimated Funding Impact Amount
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Estimated Construction Cost $30,000.00
Total Estimated Project Completion Cost $30,000.00
Total Remaining Budget at Project Completion $0.00
California Environmental Quality Act (CEQA)
The project is exempt from CEQA under Public Resources Code section 21080.25 and CEQA Guidelines section 15301 (existing facilities).
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Agreement
B – Draft Resolution
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1 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND

THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT

FOR THE CRISTO REY DRIVE BIKE LANES PROJECT
THIS AGREEMENT is entered into by and between the CITY OF CUPERTINO, a municipal corporation ("CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (“DISTRICT”), and is effective on the last date signed below (“Effective Date”).

RECITALS
WHEREAS, DISTRICT’s mission is to acquire, restore, preserve and protect, in perpetuity, open space land as part of the regional greenbelt, and to provide opportunities for ecologically sensitive public enjoyment and education; and
WHEREAS, DISTRICT conducted the Rancho San Antonio Multimodal Access Study 2021 to explore and evaluate non-motorized mobility, transit options and parking alternatives for Rancho San Antonio Preserve to encourage visitors to opt for greener forms of transportation and reduce parking demand and traffic, while maintaining equitable access for both local and regional visitors; and
WHEREAS, DISTRICT’s Study recommendations were scored and weighted on a series of factors to develop three sets of strategies for implementation; and WHEREAS, DISTRICT’s Board of Directors authorized the implementation of the first priority set in April 2021 containing six strategies for improvement; and WHEREAS, DISTRICT identified strategy New and Improved Bike Access which includes collaboration between DISTRICT and CITY to implement bike access improvements along Cristo Rey Drive, a CITY street; and
WHEREAS, CITY’s 2016 Bicycle Transportation Plan identifies a prioritized list of projects that support and promote bicycling in Cupertino; and WHEREAS, CITY’s 2016 Bicycle Transportation Plan identified implementation of Class II bike lanes on Cristo Rey Drive as a Tier III improvement; and WHEREAS, On January 18, 2023, CITY’s Bicycle and Pedestrian Commission approved the implementation of Class II bike lanes on Cristo Rey Drive through a cost sharing agreement with DISTRICT; and
WHEREAS, CITY and DISTRICT find it is in the public interest to share the PROJECT costs due to the mutual benefit the Project will confer; and NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, CITY and DISTRICT agree:
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2 1. PROJECT DESCRIPTION:

For purposes of this Agreement, the “PROJECT” shall consist of installing approximately 7,000 linear feet of Class II bike lanes through removal and replacement of traffic markings, markers, and legends on Cristo Rey Drive, exclusively in the CITY’s jurisdiction, 150 feet east of Cristo Rey Place to Canyon Oak Way.

2. PROJECT EXECUTION:

CITY agrees as follows:

A. To administer the construction of the PROJECT. Administration shall include preparation of specifications, contract documents and cost estimate; notification of local business; coordination with various agencies; preparation of all necessary environmental documents; obtaining permits; obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to the contractor.

B. Promptly provide DISTRICT with awarded final specifications and contract documents for the PROJECT.

C. To pay CITY’s 50% share of the PROJECT COST. For purposes of this Agreement, the “PROJECT COST” is defined as the actual amount paid to the contractor for construction of the PROJECT.

D. To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications, reports, contracts and other documents relating to the PROJECT.

DISTRICT agrees as follows:

A. To pay DISTRICT’s 50% share of the PROJECT COST to CITY, including contingencies / change orders, subject to a total not-to-exceed amount of $15,000.

B. To pay its share of the PROJECT COST within forty-five (45) business days of receiving and approving the detailed invoice from CITY, provided that both of the following conditions are met:

1. The PROJECT has been completed and DISTRICT has verified in writing that the CITY has accepted the PROJECT in accordance with the contract documents; and

2. The detailed invoice sets the cost of construction of all PROJECT work based on the actual contract unit prices paid and negotiated change order(s), if any. 279
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3 3. TERM OF AGREEMENT:

A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be one (1) year from the Effective Date or until the PROJECT acceptance by both parties and final payments of all outstanding balances, whichever is later.

B. CITY shall cause the contractor to provide a warranty period of at least one (1) year from the acceptance date.

4. OWNERSHIP AND MAINTENANCE:

A. During the course, and upon completion, of the PROJECT, ownership and title to all materials, equipment and appurtenances installed as a part of the PROJECT will be vested in CITY and no further agreement will be necessary to transfer ownership.

B. As owner of the PROJECT, CITY shall be solely responsible for its ongoing maintenance, operation and repair.

5. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:

Any contractor(s) hired by any Party to perform the work included in the PROJECT shall not be an agent or employee of any Party and will perform such work as independent contractor. All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of any Party in any respect.

6. TERMINATION:

Once CITY has awarded the construction contract for the PROJECT, the Agreement can be terminated only upon the mutual written consent and terms acceptable to all Parties.

7. NO PLEDGING OF EITHER JURISDICTION’S CREDIT:

Under no circumstances shall either CITY or DISTRICT have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity.

8. NO THIRD PARTY BENEFICIARY:

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.

9. AMENDMENTS:

No alternation or violation of the terms of this Agreement shall be valid unless made in writing.

10. NOTICES:

Communications relating to this Agreement shall be in writing and shall be delivered personally, sent by United States mail, first class postage prepaid, or by private messenger or courier service:
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4 To CITY: David Stillman,
Transportation Manager
City of Cupertino
10300 Torre Ave.

Cupertino, CA 95014
To DISTRICT: Susanna Chan
Assistant General Manager
Midpeninsula Regional Open Space
District
5050 El Camino Real
Los Altos, CA 94022

11. SEVERABILITY CLAUSE:

In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.

12. HOLD HARMLESS/INDEMNIFICATION:

Neither of the respective Parties, their respective City Council, Board of Directors, employees, officers, agents and assigns shall be responsible to the other Party for any damage or liability occurring by reason of anything done or omitted to be done by the other Party in connection with the PROJECT.

It is further understood and agreed that pursuant to California Government Code Section 895.4, that each Party shall fully indemnify and hold the other Party harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the respective Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, errors or omissions of the indemnifying Party and/or that Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by that Party to act for it.

13. CAPTIONS:

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

14. INSURANCE REQUIREMENTS:

CITY shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to secure and maintain in full force and effect at all times during construction and performance of the PROJECT, and until said PROJECT is accepted by all Parties, bodily injury insurance, and property damage insurance, at no additional cost to either DISTRICT, with coverage amounts, required endorsements, certificates of insurance, and coverage verifications satisfactory and acceptable to all Parties.

It is mutually understood that during the term of the construction activities on the PROJECT, 281
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5 CITY will require the successful contractor to carry commercial general liability in amounts of not less than Two Million Dollars ($2,000,000) per occurrence; automobile liability in an amount not less than Two Million Dollars ($2,000,000) per accident; and a Workers’ Compensation Insurance policy as required by the State of California, with Statutory and Employer’s Liability Insurance limits of not less than One Million Dollars ($1,000,000).

15. STATUTES AND LAW GOVERNING CONTRACT:

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. CITY shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code Section 1770, et seq.

16. WAIVER:

The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant.

17. ENTIRE AGREEMENT:

This Agreement contains the entire Agreement between CITY and DISTRICT relating to the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.

18. OTHER AGREEMENTS:

This Agreement shall not prevent either Party from entering into similar agreements with others. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the effective date. 282
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6 IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement.

For the CITY OF CUPERTINO
By: _______________________ Date: _____________
City Manager
Attest: _____________________ Approved as to form for CITY: _________________ City Clerk City Attorney
For the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By: _______________________ Date: _____________
General Manager
Attest: _____________________
District Clerk
Approved as to form for DISTRICT: __________________________ General Counsel

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Attachment A
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2023-2024 BY APPROPRIATING MONIES FOR THE CRISTO REY BIKE LANES, WHICH IS PART OF THE 2016 BIKE IMPLEMENTATION CLASS II

BIKE LANES PROJECT
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the city Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein; and
WHEREAS, the City’s 2016 Bicycle Transportation Plan identified implementation of Class II bike lanes on Cristo Rey Drive as a Tier III Improvement; and
WHEREAS, on December 21, 2022, the City’s Bicycle Pedestrian Commission approved implementation of Class II bike lanes on Cristo Rey Drive through a cost-sharing agreement with the Midpeninsula Regional Open Space District;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund allocations and the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July, 2023, by the following vote:
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Resolution No. __________________
Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. __________________
Exhibit A
Appropriation Amendment by
Fund
Revenue
Amendment
Appropriation
Amendment
Fund Balance
(Use of)
420 Capital Projects Fund $30,000 $30,000 $-
429 Capital Reserve Fund $- $15,000 ($15,000)-
Total Appropriation
Amendment All Funds
$30,000 $45,000 $(15,000)
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CITY OF CUPERTINO
Agenda Item
23-12249 Agenda Date: 7/18/2023
Agenda #: 10.

Subject: Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget appropriation request

1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt the Resolution No. 23-093 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve budget appropriations of $7,454 in the General Fund (100-13-133 480-401) to fund properties that passed the initial inspection
Presenter: Kirsten Squarcia, City Clerk
CITY OF CUPERTINO Page 1 of 1 Printed on 7/12/2023
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1 CITY COUNCIL STAFF REPORT
Meeting: July 18, 2023
Subject
Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget appropriation request Recommended Action

1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt the Resolution No. 23‐___ approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve budget appropriations of $7,454 in the General Fund (100‐13‐133 480‐401) to fund properties that passed the initial inspection
Reasons for Recommendation
The lien assessment and collection process includes both the Weed Abatement Program and the Brush Abatement Program. The primary function of these programs is to work with property owners to ensure that brush, dry weeds and dead vegetation are cleared before the start of the fire season. Only properties that have not met the requirements of the two programs are listed in the assessment report.

Weed Abatement Program
The Weed Abatement Program is conducted in partnership with the Santa Clara County Department of Agriculture. Chapter 9.08 of the Cupertino Municipal Code and requires property owners to remove or destroy hazardous weeds on their property for fire protection. Properties that are not in compliance with the program requirements are required to correct the conditions within a set deadline. If the property owner does not remove the weeds by the deadline, then the County is authorized to do so and to recover the cost of abatement from the property owner. If a property listed is abated before the April 30 deadline. then the County administrative fee (initial inspection fee) is waived. 288
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2 Weed Abatement Program Process for Initial Inspection Fees Every property in the Weed Abatement Program receives an initial inspection by the County after April 30 to determine if weeds have been properly abated. The County’s inspection fee for the 2023 season is $92. The City pays the initial inspection cost if a property passes the initial inspection by the April 30 deadline. In November 2020, The City Council approved an ongoing budget appropriation to cover these costs (Attachment F ‐ November 2, 2020 Minutes). This year 82 properties were found to be compliant and passed the initial inspection (Attachment C – Passed Inspection Report). The total cost for those properties was $7,452, which is within the $8,886 in budget appropriation.

Accordingly, the inspection costs will be paid by the City and those properties are not included for consideration at this hearing. This hearing will consider approval of a lien assessment and collection of fees on properties that did not pass the initial inspection and thus incurred costs for the County to abate the nuisance (Attachment B – Assessment Report).

Brush Abatement Program
The Brush Abatement Program is managed by the Santa Clara County Fire Department and is separate from the Weed Abatement Program. Section 16.40.200 of the Cupertino Municipal Code requires property owners in the locally adopted Wildland‐Urban Interface Fire Area (WUI) to maintain effective defensible space by removing brush, flammable vegetation and combustible growth as required by the fire code official due to steepness of terrain or other conditions. The County is authorized to remove the brush if the property owner does not do so and to recover the cost of abatement from the property owner. This year there were no parcels from the Brush Abatement Program on the assessment report.

Process for Weed and Brush Abatement Programs Outlined
The process consists of eight steps that begin in November and go through August of each year. At this time the process is at Step No. 8. On July 6, 2023, the County filed with the City the report and assessment list of all costs associated with the abatement of weeds, brush, and/or combustible debris (Attachment B ‐ Assessment Report). The County also filed a report of properties that passed inspection and the costs associated with the initial inspection for payment by the City (Attachment C – Passed Inspection Report). On July 7, 2023, the City Clerk’s Office mailed notification letters to the property owners on the list that did not pass inspection, informing them of the hearing date (Attachment E – City Mailed Hearing Notice).

1. County prepares a report of all properties that have been non‐compliant in removing weeds in the last three years and provides that report to the City (Nov)

2. City Council adopts a resolution declaring properties as having potential fire hazards or other potential nuisances from weeds and sets hearing to declare public nuisance and to consider objections for proposed removal (Nov‐Dec). 289
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3 3 County sends notice to the property owners on the report notifying them of the hearing date and explaining that they must remove or destroy weeds by the abatement deadline of April 30, 2023 or it will be done for them, with cost of the abatement plus administrative costs assessed to their property (Dec). 4 City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived. (Jan).

4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement (Jan) (Attachment D ‐ Adopted Resolution Ordering Abatement). 6 County sends a courtesy letter to property owners listed on the report, notifying them again of the abatement deadline, and noting that they will work with the property owner to be sure the weeds are removed (Jan‐Feb).

7. City sends a courtesy letter to property owners listed on the report, reminding them of the abatement deadline and that the initial inspection fee will be waived if the property is abated before the deadline (Mar).

8. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the property fails the inspection.

The County makes a report of costs associated with the abatement and proposed to be assessed and provides that report to the City (June‐July) (Attachment B – Assessment Report). The County also provides a report of costs associated with the initial inspection fee for compliant properties, for payment by the City (Attachment C – Passed Inspection Report).

9. City notifies the property owners listed on the assessment report, notifying them of the hearing date. (July‐Aug) (Attachment E – City Mailed Hearing Notice).

10. City Council holds a hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July‐Aug).

Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. The initial inspections costs amount for compliant properties are $7,452 (Attachment C). These costs are funded by the General Fund. Material costs for supplemental mailings by the City are approximately $300. Since the initiation of the supplemental program in 2020, the City has funded $27,247 to coverthe fees for properties that passed the initial inspection. The costs were $10,465 in 2022, $7,896 in 2021, and $8,886 in 2020.
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4 Sustainability Impact
No sustainability impact.

California Environmental Quality Act
The weed abatement program is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15304 (minor alterations to land). _____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A ‐ Draft Resolution and Exhibit A
B ‐ Assessment Report (Exhibit A)
C – Passed Inspection Report
D – Adopted Resolution Ordering Abatement
E - City Mailed Hearing Notice
F – November 2, 2020 Minutes
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RESOLUTION NO. 23-

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

PROVIDING FOR LIEN ASSESSMENTS AND COLLECTION RESULTING

FROM THE ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE

HAZARDS (WEEDS AND/OR BRUSH ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing was held at a regular meeting of the City Council on January 17, 2023, at which time the City declared the growth of weeds and/or brush upon certain properties as described in City of Cupertino Resolution No. 23‐019 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City Council acquired jurisdiction over and abated said nuisances; and WHEREAS, affected property owners were advised that a hearing would be held at the City Council meeting of July 18, 2023 providing for lien assessments and collection resulting from the abatement of public nuisances (weeds and/or brush on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and place fixed for the receiving and considering of such report and proposed assessment.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby confirm that the costs of abating said nuisances shall be as set forth on Exhibit A attached hereto and made a part hereof and said costs shall constitute a lien on the affected property.

BE IT FURTHER RESOLVED that the County Agricultural Commissioner shall cause the amount of the assessments to be entered on the County Assessment Roll opposite the description of the particular property, which assessment so entered on the County rolls shall be collected together with all other taxes thereon upon the property at the same time and in the same manner, as general City taxes are collected and shall be subject to the same penalties and interest, and the procedures and sale in the case of delinquency as provided for City taxes.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of July, 2023, by the following vote:
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Resolution No. 23Page 2
Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

___________________ ________
Hung Wei, Mayor
City of Cupertino

_________________________
Date
ATTEST:

_________________________________
Kirsten Squarcia, City Clerk

_________________________
Date
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APN

TAXROLLAMT
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ASSESSMENT REPORT

CITY O FCUPERTINO

SITUS OWNERS ADDRESS
Exhibit A
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APN

ASSESSMENT REPORT

CITY O FCUPERTINO

SITUS OWNERS ADDRESS
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APN
TAXROLL AMT
10101 WOLFE 316‐20‐122 VALLCO PROPERTY OWNER LLC ET AL 2600 EL CAMINO REAL STE 410 PALO ALTO CA 94306‐1719 $92.00 10696 FLORA VISTA 326‐08‐043 TAN, MAISON JZE SUN AND WONG, ELAINE YUE LIN TRUSTEE 10696 FLORA VISTA AV CUPERTINO CA 95014‐1607 $92.0022482 SALEM 326‐15‐099 ARBAGEY, WAYNE P AND JEANNETHE TRUSTEE 680 LINDEN AV LOS ALTOS CA 94022‐1627 $92.0010395 STELLING 326‐28‐094 CHEN, ZHIFENG TRUSTEE & ET AL 10395 STELLING RD N CUPERTINO CA 95014‐1613 $92.0021001 HAZELBROOK 326‐28‐095 JAGANATHAN, RAMESH AND NAGARAJAN, KANAGALAKSHMI TRUSTEE 21001 HAZELBROOK DR CUPERTINO CA 95014‐1628 $92.0020860 GARDEN GATE 326‐30‐034 ELLIOTT, JULIE TRUSTEE 204 EAGLE LN BRENTWOOD CA 94513 $92.00 10511 GLENCOE 326‐30‐103 SUN, SHUPENG AND DONG, YUE 1152 CROCUS CT SUNNYVALE CA 94086‐8449 $92.0020710 GARDEN GATE 326‐33‐015 LO, ANGELINE WAH‐YIN AND HENRY CHAN TRUSTEE 'PO BOX 2935 CUPERTINO CA 95015‐2935 $92.00 0 STEVENS CREEK 342‐13‐012 DEANE AND DEANE INC 4040 MOORPARK #116 SAN JOSE CA 95117‐1851 $92.00 22755 SAN JUAN 342‐17‐068 MADHANY, AL‐HUSEIN N AND SEBASTIAN, LIANA Y 22755 SAN JUAN RD CUPERTINO CA 95014‐0000 $92.00 10690 CORDOVA 342‐17‐083 WONG, KEITH TAI 10690 CORDOVA RD CUPERTINO CA 95014‐3912 $92.0022765 SAN JUAN 342‐22‐031 NEHAWANDIAN, NASIM 22765 SAN JUAN RD CUPERTINO CA 95014‐3934 $92.0022483 RIVERSIDE 356‐03‐041 CHANG, YU‐MING AND LEE, CHIH‐WEI 1140 CANYON GREEN DR SAN RAMON CA 94582‐4617 $92.0022222 MCCLELLAN 356‐05‐003 AIKINS, SONYA E TRUSTEE 5341 OLD REDWOOD HY 202 PETALUMA CA 94954 $92.0011235 BUBB 356‐21‐054 KARP, STEPHANIE J 11235 BUBB RD CUPERTINO CA 95014‐4940 $92.00 21576 LA PLAYA 356‐23‐015 SAHA, ANGSHUMAN AND MADHUMITA TRUSTEE 'PO BOX 2918 CUPERTINO CA 95015‐2918 $92.00 21710 REGNART 356‐23‐057 REGNART LLC 3163 HAWKCREST CL SAN JOSE CA 95135‐0000 $92.0021987 LINDY 356‐25‐031 KANG, PING QI AND LIANG, YU JUAN 2408 CLEMENT ST SAN FRANCISCO CA 94121 $92.00 NO SITUS 356‐25‐033 KANG, PINGQI ET AL 2793 RANDERS CT PALO ALTO CA 94303‐0000 $92.00 22041 LINDY 356‐27‐012 GOKHALE, MAKARAND R TRUSTEE & ET AL 22041 LINDY LN CUPERTINO CA 95014‐4851 $92.00 22090 LINDY 356‐27‐021 KALKO, CHARLES Z AND MUNOZ, CLAUDIA L 22090 LINDY LN CUPERTINO CA 95014‐4835 $92.0010040 BIANCHI 359‐07‐021 YOUNG, PEYRUU AND HU, LEON 790 PILGRIM LOOP FREMONT CA 94539 $92.0020592 MCCLELLAN 359‐18‐010 CHANG, LANCE C AND MELODY F 20592 MCCLELLAN RD CUPERTINO CA 95014‐2955 $92.0010540 FELTON 359‐18‐035 HWANG, PAO HANG AND HSU, SHIANG LING TRUSTEE 10405 DEMPSTER AV CUPERTINO CA 95014‐1224 $92.0020616 MCCLELLAN 359‐18‐048 HARDEMAN, MELODY F ET AL 20616 MCCLELLAN RD CUPERTINO CA 95014‐2955 $92.00 11226 BUBB 362‐06‐036 11226 BUBB INVESTMENT LP 22330 SANTA PAULA AV CUPERTINO CA 95014‐2707 $92.00 1161 STELLING 362‐22‐018 LEPAGE‐WOODIE, CASEY RENE 1504 GUIZOT ST SAN DIEGO CA 92107 $92.007585 RAINBOW 362‐24‐003 WANG, TAO AND LI, WEI 7585 RAINBOW DR CUPERTINO CA 95014‐5235 $92.00 20652 CLEO 362‐31‐002 BURROW, BRADLEY J AND JUANITA S 20652 CLEO AV CUPERTINO CA 95014‐5033 $92.0022040 REGNART 366‐02‐046 YOUNG, GREGORY S AND TATE, ANJALI S TRUSTEE 3339 WATERFOWL WY DRIGGS ID 83422‐1236 $92.0021650 RAINBOW 366‐38‐007 SUBRAMANIAN, VIJAY V TRUSTEE & ET AL 1182 MILLER AV SAN JOSE CA 95129‐3930 $92.0021608 RAINBOW 366‐38‐031 LAU, PHYLLIS ANN CHOY TRUSTEE 'P O BOX 2726 CUPERTINO CA 95015 $92.00 NO SITUS 366‐46‐007 BIGLER, ROBERT A AND PUNITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014‐4979 $92.00 10301 VICKSBURG 369‐07‐016 MUNTZ, DANIEL A AND KUNO, HARUMI A 10301 VICKSBURG DR CUPERTINO CA 95014‐3358 $92.00 19397 PHIL 375‐05‐032 PONGURLEKAR, JITENDRA AND RUPALI 19397 PHIL LN CUPERTINO CA 95014‐3429 $92.00 10039 TANTAU 375‐07‐005 MEIER‐LIM, FRANCES W AND ROBERT 1710 HOLT AV LOS ALTOS CA 94024‐6924 $92.00 19160 COZETTE 375‐07‐022 HSU, TRACY TRUSTEE 22330 SANTA PAULA AV CUPERTINO CA 95014‐2707 $92.0010203 TANTAU 375‐07‐027 UYCHINCO, JOSE DATU AND ISABEL LO 10203 Tantau Ave Cupertino CA 95014 $92.00 10251 TANTAU 375‐08‐004 TAO, BANG NHON AND WEN, WANLING 10251 TANTAU AV S CUPERTINO CA 95014‐0000 $92.00 19145 TILSON 375‐08‐028 TSENG, DIEN J ET AL 19145 TILSON AV CUPERTINO CA 95014‐3551 $92.0010349 BRET 375‐10‐022 HUANG, SZU‐TAO AND LEE, EMMA TRUSTEE 1818 LAGOON RD W PLEASANTON CA 94566 $92.0010135 BRET 375‐11‐026 LI, HESHENG AND XU, YUAN 509 Kinross Ct. Sunnyvale CA 94087 $92.0010080 BRET 375‐11‐043 LI, YIMING TRUSTEE & ET AL 20790 GARDEN GATE DR CUPERTINO CA 95014 $92.0010104 STERN 375‐12‐011 SUNG, ROBERTO 10683 STELLING RD N CUPERTINO CA 95014‐1647 $92.00 2023 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT INSPECTION ONLY
CITY O FCUPERTINO
SITUS OWNERS ADDRESS
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18921 ARATA 375‐12‐041 CHEN, BILONG 18921 ARATA WY CUPERTINO CA 95014‐3670 $92.00 18921 LOREE 375‐13‐001 GAO, SHAOFEN 18921 LOREE AV CUPERTINO CA 95014‐3672 $92.00 18916 ARATA 375‐13‐002 JINSHAN PROPERTIES LLC 'PO BOX 398 MOUNTAIN VIEW CA 94042 $92.00 10295 MORETTI 375‐14‐004 GAO, JIE JENIE TRUSTEE 240 DE ANZA LN LOS ALTOS CA 94022‐4033 $92.00 18815 TILSON 375‐16‐034 LI, BEI 188 Tilson Ave Cupertino CA 95014 $92.0018871 BARNHART 375‐16‐057 CHEN, YU DAVID AND CHIU, IWEN 18871 BARNHART AV CUPERTINO CA 95014‐3601 $92.0010335 CALVERT 375‐17‐022 SRINIVASAN, MAHESHWARAN AND SUNDARESAKUMAR, PREETHI 10335 CALVERT DR CUPERTINO CA 95014‐3807 $92.0010405 CALVERT 375‐17‐029 LUO, VINSON ET AL 45536 CHEROKEE LN FREMONT CA 94539 $92.00 18791 BARNHART 375‐17‐055 COURTIER, RODOLPHE AND LU, ANNE 18791 Barnhart Ave. Cupertino CA 95014‐3803 $92.0010240 CALVERT 375‐18‐022 XING, PEI AND WANG, NADIA J 12195 Oldenberg Ct. Rancho Cucamonga CA 91739‐9036 $92.0010391 JOHNSON 375‐18‐042 LU, YING‐WU 45449 LITTLE FOOT PL FREMONT CA 94539 $92.0010356 STERLING 375‐24‐011 TEKAWADE, RAHUL P AND MORE, NAMRATA S 10356 STERLING BL CUPERTINO CA 95014‐3867 $92.0018670 CRABTREE 375‐26‐054 TORRES, SARA ET AL 480 MONTEREY AV LOS GATOS CA 95030‐5303 $92.0018790 TUGGLE 375‐27‐019 NIE, XIAOQIONG 18790 TUGGLE AV CUPERTINO CA 95014‐0000 $92.0010519 GASCOIGNE 375‐28‐002 LI, XIN AND YU, LISHAN 10519 GASCOIGNE DR CUPERTINO CA 95014‐3841 $92.0010549 GASCOIGNE 375‐28‐006 LAM, MARCOS C 10549 GASCOIGNE DR CUPERTINO CA 95014‐3841 $92.00 10520 JOHNSON 375‐28‐039 OU, LIANGYI AND ZHAO, YINGYING 10520 JOHNSON AV CUPERTINO CA 95014‐3816 $92.00 18690 BARNHART 375‐28‐041 WARREN, THOMAS C AND DOROTHY C TRUSTEE 'P O BOX 2639 SARATOGA CA 95070 $92.0010711 WUNDERLICH 375‐29‐021 HUANG, RUIYAN AND HU, LINGPING 816 JULIAN TERRACE 4 SUNNYVALE CA 94085 $92.0010840 JOHNSON 375‐30‐024 BENKENAN, SUZAN FISHEL TRUSTEE 18891 NEWSOM AV CUPERTINO CA 95014‐3818 $92.0010740 JOHNSON 375‐31‐007 CHA, CATHY Y TRUSTEE 10740 JOHNSON AV CUPERTINO CA 95014‐3818 $92.0010731 GASCOIGNE 375‐31‐020 NEJAT, FRANK F 'PO BOX 700702 SAN JOSE CA 95170 $92.0010670 MINETTE 375‐31‐046 PALLAPOTHU, KISHORE AND VECHAM, RAGINI TRUSTEE 10568 JOHNSON AV CUPERTINO CA 95014‐3816 $92.0010667 WUNDERLICH 375‐31‐049 10671 JOHNSON INVESTMENT LLC 22330 SANTA PAULA AV CUPERTINO CA 95014‐2707 $92.0010841 JOHNSON 375‐31‐066 LI, YONGNA AND SONG, NING 10841 JOHNSON AV CUPERTINO CA 95014‐3819 $92.0018850 TUGGLE 375‐32‐026 ZHU, XINGLEI AND YIN, WENYUAN 18850 TUGGLE AV CUPERTINO CA 95014‐3626 $92.00 10827 MINETTE 375‐32‐057 WU, JIANPING 988 LEITH AV SANTA CLARA CA 95054‐1950 $92.0018970 BARNHART 375‐33‐003 DARBY, MICHAEL AND LEE, SANDRA TRUSTEE 18970 BARNHART AV CUPERTINO CA 95014‐3669 $92.0018871 PENDERGAST 375‐33‐027 LUI, DAVID K 18871 PENDERGAST AV CUPERTINO CA 95014‐3620 $92.0018881 PENDERGAST 375‐33‐028 CHENG, XINWU AND SHI, WEN 18881 PENDERGAST AV CUPERTINO CA 95014‐3620 $92.0018911 TUGGLE 375‐33‐064 FLAUGHER, LOU ANN 18911 TUGGLE AV CUPERTINO CA 95014‐3625 $92.00 18930 TUGGLE 375‐34‐045 CHEN, XIAMIN AND XU, TINGJUN 18930 TUGGLE AV CUPERTINO CA 95014‐3627 $92.00 18940 NEWSOM 375‐35‐011 GEORGE, GNANA SELVIN AND PUSHPAM, DAYANA MARIASOOSAI M 18940 NEWSOM AV CUPERTINO CA 95014‐3618 $92.0010623 JOHANSEN 375‐37‐058 WANG, LIEH C AND VIRGINIA S TRUSTEE 6808 LEYLAND PARK DR SAN JOSE CA 95120‐5616 $92.00 899 TANTAU 375‐38‐045 ZWEIG, JONATHAN M AND GRACE YUAN TRUSTEE 899 TANTAU AV S CUPERTINO CA 95014‐4648 $92.00 10455 TANTAU 375‐40‐066 JOHN P. BRECKENRIDGE 2901 MOORPARK AVE, SUITE 175 SAN JOSE CA 95128 $92.00 698 MILLER 375‐42‐011 LIN, JOHN YAW HWA AND MICHELLE HWAN TI 698 MILLER AV CUPERTINO CA 95014‐4640 $92.00 297
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RESOLUTION NO. 23-019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND RESOLUTION NO. 22-138
WHEREAS, the City Council has declared that the growth of weeds, the accumulation of garden refuse, cuttings and other combustible trash upon the private properties as described in Resolution No. 22-138 adopted November 15, 2022, to be a potential public nuisance ( see Weed Abatement Program Commencement Report as Exhibit A); and
WHEREAS, after due notice, a public hearing/ meeting thereon was held at the regular meeting of the City Council on January 17, 2023 to allow the impacted property owners to contest the matter; and
WHEREAS, from the evidence presented, both oral and written, at the public hearing/ meeting of January 17, 2023, it appears to be in the best interests of the City to acquire jurisdiction over the existing nuisances which have not been abated, and for the City to abate said nuisance in accordance with the law.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away;

2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated, in accordance with all applicable legal requirements; and

3. That any affected property owners shall have the right to destroy or remove such weeds or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Agricultural Commissioner or his 298
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Resolution No. 23-019

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Cupertino City CouncilJuly 18, 2023

Cupertino City Council
July 18, 2023