Agenda packet — Gilroy City Council, August 21, 2023 (part 1 of 3)

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Regular Meeting Agenda Packet

CITY COUNCIL

REGULAR MEETING

AGENDA PACKET

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, AUGUST 21, 2023 | 6:00 PM
MAYOR
Marie Blankley

COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion.

Send written comments on any agenda item to [email protected] or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need assistance, contact the City Clerk’s Office 72 hours before the meeting at (408) 846-0204 or [email protected].

If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing.

Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure.

During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City.

Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible.

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public.

Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

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FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO

RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204.

If you need translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].

Accessing Meeting Translations | Accediendo a las Traducciones de la Reunión To access written translation during the meeting, please scan the QR Code or click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript.

Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

The agenda for this meeting is outlined as follows:

1. OPENING

1.1. Call to Order

1.2. Pledge of Allegiance

1.3. Invocation

1.4. City Clerk's Report on Posting the Agenda

1.5. Roll Call

1.6. Orders of the Day

1.7. Employee Introductions

2. CEREMONIAL ITEMS - Proclamations and Awards (NONE)

3. PRESENTATIONS TO THE COUNCIL

3.1. Presentation from the League of California Cities

3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
This part of the meeting allows public address on non-agenda topics within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion.

Extended discussions or actions on non-agenda items are restricted by law. For Council

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action, the topic may be listed on a future agenda.

Email written comments on non-agenda topics to [email protected] or mail to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 pm on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials, but electronic submissions are unlimited.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA Council Member Armendariz – Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South County United for Health
Council Member Marques – ABAG, Downtown Committee, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory Committee
Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board, VTA Mobility Partnership Committee
Council Member Tovar – Downtown Committee, Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Downtown Committee, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Committee, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership Committee

5. COUNCIL CORRESPONDENCE (NONE)

6. FUTURE COUNCIL INITIATED AGENDA ITEMS

7. CONSENT CALENDAR
Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order.

7.1. Approval of the Action Minutes of the August 7, 2023 City Council Regular Meeting

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7.2. Accept and File Quarterly Cash and Investment Report as of June 30, 2023

7.3. Approval of the Annual Evaluation Report for the Santa Clara County MultiJurisdictional Program for Public Information Associated with the Community Rating System of the National Flood Insurance Program

7.4. Authorization to Approve Application to Receive Grant Funds from the California Youth Community Access Grant Program

7.5. Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code

8. BIDS AND PROPOSALS

8.1. Award of Contract to Perkins & Will for the Preparation of 'Basis of Design' Documents for the Gilroy Ice Center and Approve a Contract Expenditure of $275,000

1. Staff Report: Karl Bjarke, Interim Public Works Director

2. Public Comment

3. Possible Action:
a) Award a contract to Perkins & Will in the amount of $250,000 and approve an additional project contingency of $25,000 (10%) for a total amount of $275,000 for the preparation of ‘Basis of Design’ documents related to the Gilroy Ice Center project; and
b) Authorize the City Administrator to execute the contract and associated documents.

9. PUBLIC HEARINGS (NONE)

10. UNFINISHED BUSINESS

10.1. Selection and Appointment of Youth Commission Members

1. Staff Report: Thai Nam Pham, City Clerk

2. Public Comment

3. Possible Action:

Review the applications and interviews from the candidates and proceed with the formal appointment of suitable candidates to the vacant positions within the Youth Commission.

10.2. Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code to Modify the Regular Meeting Schedule of the City Council

1. Staff Report: Thai Nam Pham, City Clerk

2. Public Comment

3. Possible Action:

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

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2. Introduce an ordinance of the City Council of the City of Gilroy amending Chapter 2 relating to the Regular Meeting Schedule of the City Council.

11. INTRODUCTION OF NEW BUSINESS

11.1. Presentation of the Comprehensive Water and Wastewater Utilities Rate Study; Adoption of a Resolution Commencing the Proposition 218 Noticing Process, and Setting October 16, 2023, as the Date for the Public Hearing to Adopt Water and Wastewater Rates

1. Staff Report: Harjot Sangha, Finance Director

2. Public Comment

3. Possible Action:
a) Receive report; and
b) Adopt a resolution:

1. Declaring intent to adjust water and wastewater rates;

2. Commencing the Proposition 218 noticing process; and

3. Setting October 16, 2023, as the date for the Public Hearing to adopt the new proposed water and wastewater rates.

11.2. Extension of Temporary Outdoor Dining Program

1. Staff Report: Sharon Goei, Community Development Director

2. Public Comment

3. Possible Action:

Adopt a resolution extending the temporary outdoor dining program through December 31, 2023.

11.3. Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project

1. Staff Report: Harjot Sangha, Finance Director

2. Public Comment

3. Possible Action:

Adopt a Resolution of Intention to Reimburse Expenditures for Costs Incurred in Connection with the Gilroy Ice Center Project (the “Project”).

12. CITY ADMINISTRATOR'S REPORTS

12.1. Gilroy 2023-2031 Housing Element Update

12.2. Santa Teresa Interim Fire Station Update

13. CITY ATTORNEY'S REPORTS

14. ADJOURNMENT

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FUTURE MEETING DATES
September 2023
11 Regular Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m
October 2023
2 Regular Meeting - 6:00 p.m
16 Regular Meeting - 6:00 p.m
November 2023
6 Regular Meeting - 6:00 p.m
20 Regular Meeting - 6:00 p.m
December 2023
4 Regular Meeting - 6:00 p.m
11 Special Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m -CANCELEDMeetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.

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City of Gilroy
City Council Regular Meeting Minutes
Monday, August 7, 2023 | 6:00 PM

1. OPENING

1.1 Call to Order
The meeting was called to order by Mayor Blankley at 6:00 PM.

1.2. Pledge of Allegiance
Council Member Cline led the Pledge of Allegiance.

1.3. Invocation
South Valley Community Church Pastor Greg Quirke led the Invocation.

1.4. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the Posting of the Agenda.

1.5. Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
Marie Blankley, Mayor
Absent Fred Tovar, Council Member

1.6. Orders of the Day
There were none.

1.7. Employee Introductions
There were none.

2. CEREMONIAL ITEMS - Proclamations and Awards
There were none.

3. PRESENTATIONS TO THE COUNCIL

3.1. Parks and Recreation Commission Annual Presentation Parks and Recreation Chair Luis Ramirez provided staff presentation and responded to Council Member questions.

3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY

COUNCIL
Mayor Blankley opened Public Comment.

The following members spoke on items that were not on the agenda:

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Ron Kirkish expressed appreciation for the outcome of the last LAFCO hearing, commending specific individuals, including Customer Service Manager Cindy McCormick, City Attorney Andy Faber, Santa Clara Board Supervisor Sylvia Arenas, Morgan Hill Mayor Mark Turner, and others, for their advocacy and efforts in supporting the community's interests, emphasizing the importance of the territory for future expansion.

Robert Zepeda discussed the movie 'Sound of Freedom,' stressing California's alarming human trafficking statistics and emphasizing the need for awareness and action.

There being no further speakers, Mayor Blankley closed Public Comment.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had no report.

Council Member Armendariz had no report.

Council Member Marques had no report.

Council Member Hilton reported on VTA Policy Advisory Committee and Silicon Clean Energy Authority JPA Board.

Council Member Cline had no report.

Mayor Blankley reported on CalTrain Policy Group.

5. COUNCIL CORRESPONDENCE
There were none.

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.

7. BOARD AND COMMISSION INTERVIEWS

7.1. Interviews for Open Seats on Youth Commission for Future Appointments Scheduled for August 21, 2023
Council accepted the late applications for open seats and proceeded to interview applicants.

The Council interviewed the following applicants:
• Crystal Garcia Pablo
• Kuber Sihra
• Chad Knauss
• Lavender Hwang
• Maya Beyret
• Zara Ting-Tee
• Thanmay Sarath
• Saed Mustafa

8. REVIEW OF OPEN MEETING AND TRANSPARENCY LAWS AND ORDINANCES DRAFT
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8.1. City Attorney Annual Training - FPPC Regulations / Conflicts of Interest / Council Norms
City Attorney Faber provided the council training presentation and responded to Council Member questions.

9. CONSENT CALENDAR
Mayor Blankley opened and, seeing no speakers, closed Public Comment.

Motion: Adopt the Consent Calendar
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Mayor Blankley
ABSENT: Council Member Tovar

9.1. Approval of the Action Minutes of the July 10, 2023 City Council Special Meeting
A motion was made to approve the minutes.

9.2. Approval of the Action Minutes of July 19, 2023 City Council Special Study Session
A motion was made to approve the minutes.

9.3. Approval of a Notice of Acceptance of Completion for the FY22 Citywide Pavement Maintenance Project No. 22-PW-273 and Approval of a Final Contract with McKim Corporation in the Amount of $4,472,160.94 A motion was made to approve the Notice of Acceptance of Completion.

9.4. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2017-04, Wild Chestnut - Tract 10301 A motion was made to approve the Notice of Acceptance of Completion.

9.5. Approve Corrected Gilroy Police Officers Association Salary Schedules for the Period July 1, 2023 - June 30, 2025
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2023-46

9.6. Claim of Steve Kinney (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) A motion was made to deny the claim.

10. BIDS AND PROPOSALS
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There were none.

11. PUBLIC HEARINGS

11.1. Continued Public Hearing for Introduction and First Reading of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code Special Assistant to City Administration Biggs provided staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 7:45 PM.

Terence Fugazzi praised the city's efforts in managing the growing number of downtown vendors, stressing the importance of equitable regulations, addressing health concerns from street barbecues, and suggesting alternative power sources to generators.

Ron Kirkish voiced appreciation for addressing the vendor issue and emphasized the need for stricter regulations, suggesting that vendors flouting the law should have their licenses revoked to ensure compliance and support law enforcement.

There being no further speakers, Mayor Blankley closed the Public Hearing at 7:49 PM.

Motion: Read the ordinance by title only and waive further reading of the ordinance.

RESULT: Pass
MOVER: Marie Blankley, Mayor
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Mayor Blankley
ABSENT: Council Member Tovar
City Clerk Pham read aloud the title of the proposed ordinance.

Motion: Introduce an ordinance adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code, which provides permit requirements and standards for sidewalk vending, and find that it is exempt from CEQA Guidelines Section 15332, with the following amendments to Exhibit ‘A’ of the ordinance:
• Include the following standard in Section 16B.3: For the health, safety, and welfare of the community and pedestrians when using its public sidewalks, paths, and parks, generators and cooking methods that involve deep fat frying and wood-fired cooking devices, which present fire, smoke, burn, and slipping hazards, are prohibited. This limitation does not prohibit sidewalk vendors from using other cooking methods to heat or prepare foods.
• Delete the following standards in Section 16B.3: (8) & (9) • Increase the distance at 16B.3 (28) from 2’ to 3’
• Replace ‘or’ with ‘and’ at subsection 16B.6 (8) to read: Commercial general liability, automobile, and workers' compensation insurance policies and DRAFT
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other such policy as the office of the risk manager of the City of Gilroy shall require.

11.2. Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of Assessment Liens Against the Land Fire Chief Wyatt and Santa Clara County Weed Abatement Manager Moe Kumre provided staff presentations and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 8:11 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 8:11 PM.

Motion: Approve the resolution.

RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Mayor Blankley
ABSENT: Council Member Tovar

Enactment No.: Resolution No. 2023-47

12. UNFINISHED BUSINESS
There were none.

13. INTRODUCTION OF NEW BUSINESS

13.1. Introduction of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code to Modify the Regular Meeting Schedule of the City Council
City Administrator Forbis provided a brief report and responded to Council Member questions.

Mayor Blankley opened and, seeing no speakers, closed Public Comment.

Council directed staff to draft the revised language stipulating that the regular City Council meeting in December be held on the second Monday of the month.

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Additionally, the regular meeting for July will be moved to the last Monday of the month.

14. CITY ADMINISTRATOR'S REPORTS

14.1. Update on Recent Land Management System Implementation and Online Permit/Utility Payment System
City Administrator Forbis provided a brief report and responded to Council Member questions.

15. CITY ATTORNEY'S REPORTS
There were none.

16. ADJOURNMENT
The Mayor adjourned the meeting at 8:21 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.
/s/Thai Nam Pham, CMC, CPMC
City Clerk
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City of Gilroy

STAFF REPORT
Agenda Item Title: Accept and File Quarterly Cash and Investment Report as of June 30, 2023
Meeting Date: August 21, 2023
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization

RECOMMENDATION
Accept and file the quarterly cash and investment report as of June 30, 2023.

BACKGROUND
The quarterly investment reports are prepared pursuant to the City’s investment policy to keep the City Council apprised of the City’s investment activities.

ANALYSIS
As of June 30, 2023, the City’s cash and investments totaled $190.3 million, of which $124.7 million is invested with the Local Agency Investment Fund (LAIF), and $61.5 million is invested in US Treasuries Securities. The fiscal year-to-date interest earnings are $4.5 million.

In addition, approximately $28.4 million is held by Fiscal Agents in the Trustee capacity for various bond issues such as bond proceeds, debt service reserves, bond payments, and for post-employment benefits related to pension. The majority of this balance ($25.5 million) consists of the City of Gilroy’s share of the Acquisition and Construction Funds for the SCRWA Plant Expansion Project.

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Accept and File Quarterly Cash and Investment Report as of June 30, 2023.

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FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the quarterly cash and investment report. This is an activity included in the Finance Department’s annual workplan.

Attachments:

1. Cash and Investment Report as of June 30, 2023
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City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of the Annual Evaluation Report for the Santa Clara County Multi-Jurisdictional Program for
Public Information Associated with the Community
Rating System of the National Flood Insurance
Program
Meeting Date: August 21, 2023
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Susana Ramirez, Engineer I
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION
Approve the Annual Evaluation for FY23 Report for the Santa Clara County MultiJurisdictional Program for Public Information associated with the Community Rating System of the National Flood Insurance Program.

EXECUTIVE SUMMARY
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.

Eleven (11) communities in Santa Clara County, including the City of Gilroy, and Santa Clara Valley Water District (Valley Water) have actively participated in the FEMA NFIP CRS for over 30 years.

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Approval of the Annual Evaluation Report for the Santa Clara County Multi-Jurisdictional Program for Public Information Associated with the Community Rating System of the National Flood Insurance Program
City of Gilroy City Council Page 2 of 3 August 21, 2023 A portion of the CRS involves community outreach activities. A Program for Public Information (PPI) is an ongoing local effort to identify, prepare, implement, and monitor a range of public information activities that meet specific local needs. The CRS credits the implementation of public outreach projects identified in a PPI, which, in turn, helps the City achieve better insurance premium discounts for its residents and businesses.

Through the PPI planning process, activities are monitored, evaluated, and revised to improve effectiveness. In addition to updating the PPI every five years, FEMA requires an Annual Evaluation Report on PPI efforts and requires the communities to share the annual report with their governing bodies.

BACKGROUND
The City has been a participating community in the CRS Program of FEMA’s NFIP Program since May 1, 2007. Eleven Santa Clara County communities, including the City of Gilroy, participate in the CRS Program in partnership with Valley Water. The committee communities have worked together to develop and adopt the 2021 MultiJurisdictional PPI. The PPI is to be updated every five years.

The PPI activity was introduced into the CRS Program in 2013 and is voluntary. As a collaborative PPI process, the committee agencies worked together to decide what flood risk reduction messages are most appropriate and designed a program to deliver these messages. FEMA requires the elected body of each community to approve this PPI to receive points for having an approved plan under the NFIP’s CRS.

Currently, the City has a CRS class rating of 7 which provides a 15% flood insurance discount for properties located within the special flood hazard area or 100-year floodplain and 5% discount for non-floodplain properties.

ANALYSIS
The CRS Program provides credits for designing and carrying out public outreach projects. CRS credits for individual outreach projects can be increased if a community has a PPI. The PPI can help design an entire public information program, not just outreach projects.

The PPI committee is comprised of both staff and non-governmental representatives who bring different perspectives and suggestions for a better outreach plan. For Gilroy, Public Works staff and a stakeholder representative, Ms. Merna Leal, are the committee members. Ms. Leal is a Gilroy resident and past District CRS program manager.

ALTERNATIVES
Council may choose to not approve the Multi-Jurisdictional PPI. This would require staff to develop separate outreach projects and/or develop a public information program for Agenda Item 7.3 Page 31 of 308
Approval of the Annual Evaluation Report for the Santa Clara County Multi-Jurisdictional Program for Public Information Associated with the Community Rating System of the National Flood Insurance Program
City of Gilroy City Council Page 3 of 3 August 21, 2023 the City to increase the City’s CRS credits. Failure to approve this PPI limits the availability of additional CRS credits for outreach projects for the City.

FISCAL IMPACT/FUNDING SOURCE
The expense for creating this PPI was included in Valley Water’s adopted budget; therefore, there are no City fiscal impacts from approval of this PPI. There are no expected additional costs in staff’s continued participation in the PPI process.

PUBLIC OUTREACH
A copy of the Annual Evaluation Report for FY23 of the Santa Clara County MultiJurisdictional PPI 2021 will be posted in the Public Works’ Flood Management webpage.

NEXT STEPS
Staff will continue to participate in the PPI committee which will re-convene annually to evaluate the PPI and to make appropriate adjustments as needed. At the City’s next CRS Verification visit (estimated in 2023), staff will submit a copy of the PPI to receive CRS credit.

Attachments:

1. Annual Evaluation Report for FY23 for the Santa Clara County MultiJurisdictional PPI 2021 Agenda Item 7.3 Page 32 of 308

MEMORANDUM
FC 14 (01-25-23)
TO: Rick L. Callender, Esq. FROM: Marta Lugo
SUBJECT: Annual Evaluation Report for FY23
(Year 2: July 2022 – June 2023) for the
2021 Santa Clara County Multi-Jurisdictional
Program for Public Information (PPI)
DATE: July 3, 2023
Valley Water continues to participate in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP) Community Rating System (CRS) program. The CRS is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.

Through the CRS, flood insurance holders in participating communities receive discounted premium rates to reflect the reduced flood risk. The three goals of the CRS are:

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.

Background
Valley Water began participating in the CRS program in 1998. Since Valley Water is not a land-use agency, it is not considered an NFIP community and does not technically qualify to participate in the CRS program. However, in 1998, Valley Water staff worked with FEMA to create a "fictitious community" status for Valley Water. It is a unique designation; in fact, Valley Water is the only fictitious CRS community in the nation.

Valley Water's participation as a fictitious community allows it to document qualifying flood risk reduction activities it performs throughout Santa Clara County (county). CRS credits Valley Water earns for activities within those communities are transferred to each CRS participating community, supporting savings on NFIP insurance policies within those jurisdictions.

Under the CRS program guidelines, every 500 points a community earns translates to a 5% discount on NFIP flood insurance premiums for that community's residents and businesses. Currently, 11 of the 16 communities (cities, towns, and the county) within Santa Clara County participate in the CRS program.

In its fictitious community designation, Valley Water has a CRS rating of Class 7. Many of Valley Water’s CRS credits are transferable to Santa Clara County CRS participating communities. For many of our communities, Valley Water’s CRS credits serve as a baseline. Between Valley Water’s baseline and the CRS community’s credit, NFIP flood insurance policyholders receive an average 15% discount.

The average NFIP flood policy premium in Santa Clara County is approximately $1,000, meaning that CRS participating communities save their flood insurance holders about $150 to $200 per year by documenting the flood risk reduction activities it performs. Participation in the CRS program generates an annual savings of approximately $1.5M for policyholders in Santa Clara County.

The Santa Clara County Multi-Jurisdictional Program for Public Information FEMA first introduced the Program for Public Information (PPI) as a CRS creditable activity in 2013.

The PPI encourages CRS participating communities to work with local stakeholders to design a program for community outreach on flood risk reduction that best fits local needs.

Valley Water led the development of a PPI for all CRS participating communities in Santa Clara County, which resulted in the completion of the first Multi-Jurisdictional PPI adopted in 2015 (2015 PPI), a countywide collaboration outreach program that standardizes our flood risk and loss reduction outreach messages and increase communities’ CRS points.

Agenda Item 7.3 Page 33 of 308
Rick L. Callender, Esq. 2 July 3, 2023
Program for Public Information Requirements
Participating communities must update the PPI every five years to maintain CRS credit. Valley Water continued its role as the lead agency in developing the subsequent 2021 Santa Clara County MultiJurisdictional PPI (2021 PPI). On April 27, 2021, the Valley Water Board of Directors adopted the 2021 PPI; the other CRS participating communities' governing bodies adopted the 2021 PPI soon thereafter.

In addition to updating the PPI every five years, FEMA requires an Annual Evaluation Report on PPI efforts and requires the communities to share the annual report with their governing bodies. Attached is our submittal of the Annual Evaluation Report for Fiscal Year 23 (Year 2). Below are key highlights from this fiscal year.

Key Year-2 Valley Water Accomplishments in FY 2023
FY 2023 Flood Awareness Campaign: Valley Water's award-winning flood awareness campaign continues to be the backbone of the PPI. Every year, the committee continues to increase efforts that encourage residents to prepare their personal/family emergency plans and ‘Get Flood Ready.’ Valley Water's FY23 Flood Awareness Campaign theme was “Our Climate Has Changed - Be Aware, Be Prepared, Take Action” (dated 11/22). Valley Water’s message emphasized its commitment to reducing flood risks and protecting the community. The campaign lasted four months, cost $330,000, and included a multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use. Valley Water shared the 2022-2023 Flood Awareness Outreach Partner Social Media Toolkit with all Santa Clara County cities/county, including CRS communities.

Valley Water also used its monthly newsletter, news blog, social media profiles, and videos 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.

Education Outreach Programs: Valley Water's Education Outreach includes year-round flood awareness messaging in all students’ programs. In FY23, a dedicated flood-focused program was offered from October 2022 through April 2023. Valley Water's role as a flood protection agency is highlighted in all presentations so that participants know that flood protection is one of Valley Water's core objectives. In FY 2023, staff provided 233 general program presentations with 8,548 attendees and 323 educators.

In addition, Education Outreach offered three flood-focused programs that promote flood awareness and preparedness: "The Three Little Pigs and The Bad Weather Wolf,” “Mapping Landforms,” and "Watershed Maps." In FY 2023, staff provided 113 flood-focused presentations to 2,751 attendees and 122 educators.

Other CRS Program Outreach Initiatives: In FY 23, Valley Water piloted ‘Get Flood Ready’ Flood Event Kits (Flood Kits). The Flood Kits included the following items: rolling storage bins, customized and branded (both Valley Water and agencies logos) ‘Get Flood Ready’ banners and tablecloths, flood emergency starter kits, flood preparedness materials, stickers, and giveaway items. From late October through early November 2022, the Valley Water CRS Program distributed the Flood Kits to all communities in Santa Clara County with the aim of standardizing local flood-preparedness messaging and expanding Valley Water’s ‘Get Flood Ready’ campaign regionally.

The PPI Committee continued to promote the American Red Cross All-Hazard App, which monitors alerts for severe weather including floods, and the ValleyWater.org/floodready, Floodsmart.gov and Ready.gov websites.

In FY23, Valley Water’s CRS Program staff provided ‘Get Flood Ready’ materials and participated at outreach events at the Silicon Valley Bike Coalition at the Ride Out the Drought event; the Downtown San Jose Neighborhood Association Emergency Preparedness event with the local Salvation Army; Agenda Item 7.3 Page 34 of 308
Rick L. Callender, Esq. 3 July 3, 2023
Santa Visits Alviso Foundation. They also partnered with Sacred Heart Community Services and a local advocate for the unhoused to provide emergency starter kits and flood-preparedness materials to the communities they serve.

Valley Water’s CRS Program staff made presentations and shared resources on flood preparedness at the City of Cupertino Public Safety and Community Emergency Response Team (CERT) and at a City of San Jose Neighborhood CERT event.

Valley Water’s CRS Program, along with the 2021 PPI Committee will continue to promote the American Red Cross All Hazard App which monitors alerts for 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.

To support the PPI Committee’s flood preparedness messaging, Valley Water’s CRS Program and communities will continue to promote the importance of having family emergency plans and emergency kits ready to go before an emergency/flood event occurs.

Conclusion
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY23. The 2021 PPI facilitated participating communities to mutually decide on which flood-risk reduction messages are most appropriate moving forward and identified means by which messages are effectively delivered.

The objectives of participating in the 2021 PPI continue to reduce flood risks and earn valuable CRS credit points by continually enhancing the effectiveness of the flood-preparedness messaging to Santa Clara County. Valley Water’s CRS Program staff, the CRS Users Group, and 2021 PPI Committee will continue their work efforts through FY24.

Please direct questions about the PPI Annual Evaluation Report to Don Rocha, External Affairs Assistant Deputy Administrative Officer at (408) 630-2338. _______________________
Marta Lugo
Deputy Administrative Officer, acting for
Rachael Gibson
Chief of External Affairs
External Affairs Division
Attachment: Annual Evaluation Report for FY23 (Year 2) for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) cc: R. Gibson, D. Rocha, S. Tran, A. Fonseca, CRS File, Egnyte electronic filing system ML:af
W:\External Affairs\Office of Civic Engagement\CRS Program\62041023 Community Rating System (CRS)\CRS\PPI\PPI Annual Evaluation Reports\2021 PPI\2021 PPI Year 2 (FY23)\07-03-23 Memo to CEO from Acting CEA_Final.docx Agenda Item 7.3 Page 35 of 308
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
Agenda Item 7.3 Page 36 of 308
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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 Agenda Item 7.3 Page 38 of 308
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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 Agenda Item 7.3 Page 39 of 308
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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).

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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
Boosts: Animated Facebook posts “Boosted” on Facebook, Instagram, NextDoor Boost #1 (Nov8-9) Boost #2 (Dec01-05) Boost #3 (Dec7-11) Boost #4 (Dec26-30) Boost #5 (Dec28-31) Boost #6 (Jan4-10) Boost #7 (Jan10-17) Boost #8 (Jan15-20) Agenda Item 7.3 Page 47 of 308
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Display Ads
300X250
Served to all adults in Santa Clara County
Delivered: 6,246,254 Impressions
Audio
30-second audio ads served via Streaming and Local On-Air Radio stations Delivered: 1,724,173 Impressions
Agenda Item 7.3 Page 48 of 308
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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 Agenda Item 7.3 Page 49 of 308
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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 Agenda Item 7.3 Page 50 of 308
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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 Agenda Item 7.3 Page 51 of 308
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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.

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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.

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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 Agenda Item 7.3 Page 54 of 308
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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 Agenda Item 7.3 Page 55 of 308
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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.

Agenda Item 7.3 Page 56 of 308
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 Agenda Item 7.3 Page 57 of 308
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 Agenda Item 7.3 Page 58 of 308
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.
2 ATTACHMENT NO. 2 Agenda Item 7.3 Page 59 of 308
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 Agenda Item 7.3 Page 60 of 308
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.
4 ATTACHMENT NO. 2 Agenda Item 7.3 Page 61 of 308
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
5 ATTACHMENT NO. 2 Agenda Item 7.3 Page 62 of 308
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.
6 ATTACHMENT NO. 2 Agenda Item 7.3 Page 63 of 308
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
7 ATTACHMENT NO. 2 Agenda Item 7.3 Page 64 of 308
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 Agenda Item 7.3 Page 65 of 308
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).
9 ATTACHMENT NO. 2 Agenda Item 7.3 Page 66 of 308
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.
10 ATTACHMENT NO. 2 Agenda Item 7.3 Page 67 of 308
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
11 ATTACHMENT NO. 2 Agenda Item 7.3 Page 68 of 308
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 Agenda Item 7.3 Page 69 of 308
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).
13 ATTACHMENT NO. 2 Agenda Item 7.3 Page 70 of 308
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.
14 ATTACHMENT NO. 2 Agenda Item 7.3 Page 71 of 308
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
15 ATTACHMENT NO. 2 Agenda Item 7.3 Page 72 of 308
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.
16 ATTACHMENT NO. 2 Agenda Item 7.3 Page 73 of 308
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.
17 ATTACHMENT NO. 2 Agenda Item 7.3 Page 74 of 308
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
18 ATTACHMENT NO. 2 Agenda Item 7.3 Page 75 of 308
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.
19 ATTACHMENT NO. 2 Agenda Item 7.3 Page 76 of 308
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.
20 ATTACHMENT NO. 2 Agenda Item 7.3 Page 77 of 308
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
21 ATTACHMENT NO. 2 Agenda Item 7.3 Page 78 of 308
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 Agenda Item 7.3 Page 79 of 308
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
23 ATTACHMENT NO. 2 Agenda Item 7.3 Page 80 of 308
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.
24 ATTACHMENT NO. 2 Agenda Item 7.3 Page 81 of 308
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.
25 ATTACHMENT NO. 2 Agenda Item 7.3 Page 82 of 308
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.
26 ATTACHMENT NO. 2 Agenda Item 7.3 Page 83 of 308
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
ATTACHMENT NO. 3 Agenda Item 7.3 Page 84 of 308
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 Agenda Item 7.3 Page 85 of 308
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 Agenda Item 7.3 Page 86 of 308
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
Agenda Item 7.3 Page 87 of 308
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
ATTACHMENT NO. 6 Agenda Item 7.3 Page 88 of 308

Page 1 of 3 ends

City of Gilroy

STAFF REPORT
Agenda Item Title: Authorization to Approve Application to Receive Grant Funds from the California Youth Community
Access Grant Program
Meeting Date: August 21, 2023
From: Jimmy Forbis, City Administrator
Department: Recreation
Submitted By: Adam Henig, Recreation Manager
Prepared By: Adam Henig, Recreation Manager
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services

RECOMMENDATION
Motion to authorize the application to receive grant funds from the California Youth Community Access Grant Program.

EXECUTIVE SUMMARY
The City of Gilroy applied to receive funds for The Youth Community Access Grant Program, a state-sponsored initiative that awards funding for youth to access natural or cultural resources with a focus on low-income and disadvantaged communities. The City applied for the grant and has advanced to the third and final round. Per the grant requirements, the City Council is requested to authorize the application in order for the City to receive funding if awarded.

BACKGROUND
The City has applied to receive funding from the Youth Community Access Grant Program, a state-sponsored initiative funded from Proposition 64 (“Control, Regulate and Tax Adult Use of Marijuana Act”), which was passed by California voters in 2016. A portion of the funding was appropriated to the California Natural Resources Agency, which is sponsoring a competitive grant program to support youth access to natural or Agenda Item 7.4 Page 89 of 308
Authorization to Approve Application to Receive Grant Funds from the California Youth Community Access Grant Program
City of Gilroy City Council Page 2 of 3 August 21, 2023 cultural resources with a focus on serving low-income and disadvantaged communities.

These programs are designed to educate and facilitate recreational opportunities for young people who have limited access to natural outdoor spaces.

The project that Gilroy is proposing is a two-year program that will offer 80 Gilroy youth the opportunity to attend free nature field trips while learning about the importance of conservation, culture and developing survival skills. The program will encourage youth from economically disadvantaged neighborhoods to explore beautiful, natural destinations in the Santa Clara County region and beyond. Each year of the program will include three-day-long trips (each site will be different) and one multi-day overnight nature trip. Youth will learn about conservation and other natural and cultural resourcerelated concepts in a classroom setting prior to each trip. Each classroom activity will be between 1 and 3 hours. The classroom activities and nature area trips will be led by City Recreation staff and a contracted naturalist from a local nonprofit educational organization who has experience working with underprivileged youth and teens.

Classroom sessions will include team-building games and lessons about the cultural history and impacts of climate change on the nature sites that will be visited.

Each year’s program will have two cohorts – 15 to 20 middle school and 15 to 20 high school students. Destinations may include state and national parks within California such as Mt. Madonna (of Santa Clara County), Henry Coe State Park, Point Lobos State Reserve, and/or Yosemite National Park.

ANALYSIS
If awarded, this grant program will be aimed at improving access to natural destinations for youth and teens from disadvantaged backgrounds. Many students in Gilroy have yet to have the opportunity to experience and explore the outdoors beyond city limits. The City is planning to focus on recruiting youth with existing juvenile arrest records or truancy concerns based on reports provided by the County and other local nonprofit organizations that serve students under the age of 18.

By providing free nature access programs for disadvantaged youth, the program has the ability to improve outcomes for students who are at risk of falling behind in school and being exposed to the criminal justice system. Collectively, these trips provide a sense of purpose, an opportunity to for youth to lead one another and cultivate a desire to think beyond their immediate surroundings—for example, how their day-to-day lives impact the planet.

ALTERNATIVES
The City Council can decide not to approve the application, which would prevent the City from moving forward in the grant program. Staff does not recommend this option.

Agenda Item 7.4 Page 90 of 308
Authorization to Approve Application to Receive Grant Funds from the California Youth Community Access Grant Program
City of Gilroy City Council Page 3 of 3 August 21, 2023

FISCAL IMPACT/FUNDING SOURCE
If awarded, the City is requesting $284,227 to cover the costs of the two-year program, which includes staff, a contract provider, transportation, and supplies.

PUBLIC OUTREACH
Not applicable.

NEXT STEPS
The City will submit the remaining grant documents. The State will inform applicants of its status in October 2023.

Attachments:

1. Draft Resolution

2. Grant Application
Agenda Item 7.4 Page 91 of 308
RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY APPROVING THE APPLICATION FOR GRANT

FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT

PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF GILROY CITY COUNCIL:

1. Approves the filing of an application for the Beyond Gilroy: Nature, Exploration, and Empowerment; and

2. Certifies that Applicant understands the assurances and certification in the application package; and

3. Certifies that Applicant or title holder will have enough funds to operate and maintain the project consistent with the grant guideline requirements or will secure the resources to do so; and

4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable permits will have been obtained; and

6. Appoints the City Administrator, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Agenda Item 7.4 Page 92 of 308
Resolution No. 2023-XX
Youth Community Access Grant Program
City Council Regular Meeting | August 21, 2023

Page 2 of 2 ends

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 21st day of August 2023 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Agenda Item 7.4 Page 93 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 1/9 Print Application
RFP Title: Youth Community Access Grant Program 2022
Project Title: Beyond Gilroy: Nature, Exploration, and
Empowerment
Estimated Date of Completion: 05/31/2026
Funds Requested($): 291,006.00
Other Sources of Funds($): 0.00
Total Budget($): 291,006.00
Applicant Organization: City of Gilroy
Applicant Address: 7351 Rosanna Street , Gilroy , CA -
95020
Federal Tax ID: 946000340
County: Santa Clara City/Town: Gilroy
Project
Address:
7351 Rosanna St
Senate District 17
Assembly District 30
US Congressional District 19,20,
Project Description:

A three year nature exploration program for 120 youth that includes regional field trips and local classroom based activities.

Latitude:

37.004610000
Longitude: -121.572440000 Cordinates Represent: Gilroy City Hall Coordinates Determined Using: Google Maps
Project Director (Applicant's Representative Authorized in Resolution) (Signature required at bottom of this page) Name: Jimmy - Forbis Title: Project Director: Authorized Representative Phone: 408-846-0202 Email: [email protected] Project Manager - Person with day to day responsibility for project (if different from authorized representative) Name: Adam - Henig Title: Project Manager: Day to day contact Phone: 408-846-0460 Email: [email protected]
I certify that the information contained in this project application, including required attachments, is complete and accurate Signed: ____________________________________________________________ Applicant's Authorized Representative as shown in Resolution Date:
_________________
Print Name: ____________________________________________________________ Title: _________________ Application Overview
RFP Title: Youth Community Access Grant Program 2022
Submitting
Organization:

Ilya Malinsky
Submitting
Organization
Division:

Project Title: Beyond Gilroy: Nature, Exploration, and Empowerment Agenda Item 7.4 Page 94 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 2/9 Submitter
Name:

Submitter
Phone:

Submitter
Fax:

Submitter
Email:

Name:

Division:

Address:

Federal Tax
ID:

Applicant Information
City of Gilroy
7351 Rosanna Street Gilroy, CA , 95020
946000340
Project Description: A three year nature exploration program for 120 youth that includes regional field trips and local classroom based activities.

Water System ID:

District Office:

APPLICANT DETAILS
Applicant
Organization:

City of Gilroy
Applicant
Organization
Division:

Applicant Address: 7351 Rosanna Street , Gilroy , CA - 95020

PROJECT LOCATION
Latitude : 37.004610000 Longitude: -121.572440000
Watershed: Uvas-Llagas
County: Santa Clara
Estimated Date of
Completion:
05/31/2026
Project Address (or
nearest cross
street):
7351 Rosanna St
Nearest City/Town: Gilroy
Cordinates
Represent:

Gilroy City Hall
Coordinates
Determined Using:

Google Maps

PROJECT BUDGET
Funds Requested($): 291,006.00
Other Sources of
Funds($):

0.00 Total Budget($): 291,006.00
Funding Program Applied
Proposition 64 Yes
Project Management Role Title First Name Last Name Phone Fax Email Project Director: Authorized
Representative
City
Manager
Jimmy Forbis 408-846-
0202
[email protected]
Project Manager: Day to day
contact
Recreation
Manager
Adam Henig 408-846-
0460
[email protected]
Person Submitting Information
Ilya Malinsky
213-375-8162
[email protected]
Legislative Information Primary Additional District(s)
Senate District 17
Assembly District 30
Agenda Item 7.4 Page 95 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 3/9 US Congressional District 19,20,
Contacts Name Phone Email
City of Gilroy Adam Henig 408-846-0460 [email protected] Cooperating Entities Role Name Phone Email
There are no COOPERATING ENTITIES to display.

Pre Submission Attachment Title Phase Submission Period Date & Time

1.1 Proposal Form Signature Page PHASE1 PRE SUBMISSION 7/29/2022 11:03:46 AM

1.2 Gilroy Community Fact Finder Report PHASE1 PRE SUBMISSION 7/29/2022 1:16:58 PM

1.2 Gilroy DAC Map from GIS using ACS Block 2016-2020 data PHASE1 PRE SUBMISSION 7/29/2022 1:13:01 PM

1.3 Cost Estimate PHASE1 PRE SUBMISSION 7/29/2022 2:27:03 PM

1.5 Supporting Documentation PHASE1 PRE SUBMISSION 7/29/2022 11:01:40 AM Download all Pre Submission Attachments
Post Submission Attachment Title Phase Date & Time Attached No Post Submission Attachments Available to Display
Post Award Attachment Title Phase Date & Time Attached
No Post Award Attachments Available to Display
Questionnaire - Phase1

PROJECT QUESTIONS
Applicants must answer the following questions. If a question does not apply to the project, indicate “Not Applicable” with a brief explanation. Do not leave blank fields. Be sure to address all parts of each question. Answers are limited to 3,000 characters.

The Project
1 Describe the discrete project the grant would fund. The information provided should include grant deliverables and support the cost estimate submitted with the proposal. See Appendix J for definition of and examples of grant deliverables.

The following project-specific information should be included in response to this question (as applicable):
a The approximate number of experiences with natural or cultural resources youth will have (e.g., field trips, days at camp), the length of the project funded by the grant, any cost for youth to participate, and percentage of classroom versus outdoor program time.

Answer: The proposed project is a three-year program that will offer 120 socio-economically disadvantaged youth the opportunity to attend free nature field trips while learning about the importance of conservation, cultural preservation, and survival skills. The program will encourage youth from low-income households and neighborhoods to explore beautiful natural destinations in the Santa Clara County region and beyond. Each year of the program will include three day trips (to different destinations) and one multi-day overnight trip. Before each trip, youth will learn about conservation and other natural and cultural resource related concepts in a classroom setting. Each classroom activity will be between 1 and 3 hours. The classroom activities and nature area trips will be led by City Recreation staff and a contracted naturalist from a local nonprofit educational organization that focuses working with underprivileged youth and teens. Classroom sessions will include team-building games and lessons about the cultural history and impacts of climate change on the natural sites that will be visited.

Each year's program will have two cohorts – 15 to 20 middle school and 15 to 20 high school students. This will ensure that both cohorts can fit on one bus, along with City staff and contract staff. After each year of the program, City staff will select high school students to act as student leader volunteers for the subsequent year's program.

City staff will work to identify and secure additional funding and donations for the programs, using the CNRA grant funding as leverage. Destinations may include state and national parks within California, including Mt.

Madonna (Santa Clara County), Henry Coe State Park, Point Lobos State Reserve, and Yosemite National Park.

Agenda Item 7.4 Page 96 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 4/9 b A description of the clean vehicle to be acquired and how the vehicle will be used both during and after the grant period.

Answer: N/A - no vehicle requested
c For Development Projects (e.g., construction): The percentage of the project footprint located within a low-income community, the owners of the property on which the project will take place, the status of any agreements needed to access and implement the project, and plans for long-term operations and maintenance of the project.

Answer: N/A - no construction requested
Requirements and Project Need
2 What is the age range of youth to be served by the project? Answer: Youth will be between the ages of 12-18 – middle school and high school students. 3 How many youth will be served by the project funded with the grant and across what time period? Answer: 120-90 students over the course of three years. The program will serve 30 to 40 students per school year (between August and May).
4 How will youth be recruited to participate in the project? Answer: Youth will be recruited with the assistance of the South County Youth Task Force (SCYTF), a regional multiagency collaboration focused on at-risk youth led by the City of Gilroy. Recruitment efforts will be focused on engaging youth within Gilroy's most disadvantaged neighborhoods and vulnerable populations. This will include but not be limited to low-income youth, youth of color, and youth residing in Gilroy's known DAC neighborhoods.

Youth will be referred to the program through the SCYTF technical team's multi-disciplinary team meetings, as well as through other community based organizations and school district referrals. Community outreach will occur in public areas within Gilroy's DACs as well as through print and electronic advertisements using City and school district email databases.
5 Will at least 80% of youth served through the project live within a low-income community and/or household? Answer: l Yes
6 How will applicant ensure that at least 80% of youth served through the project live within a low income household and/or community?
Answer: The City of Gilroy recreation division has an established free program for low income youth that requires income verification. Participants will be required to meet the income guidelines set by the US Federal Government Housing and Urban Development's Community Development Block Grant (CDBG). A sample CDBG intake income assessment form is part of application as an attachment. 7 Will at least 80% of the youth to be served be members of an underserved community of color and/or a vulnerable population?
Answer: l Yes
8 Describe the underserved communities of color and/or vulnerable populations to which at least 80% of youth participants will belong.

Answer: The underserved communities within Gilroy are comprised largely of Latino families— for many of whom English is a second language — and are located on the eastern side of town, with the highest concentration of lowincome households located in Census Tracts 512511 and 512603. Both these tracts are considered Disadvantaged Communities according to the DAC Mapping Tool using ACS 2016-2020 data. This population is facing adverse conditions such as overcrowding (i.e., multiple families living in single housing units), low educational attainment, high diabetes rates, and limited access to transportation.

South County/East Gilroy (zip code 95020) is a geographic region located at the southern end of Santa Clara County. The so-called "South County" is racially and linguistically diverse with one quarter of its Gilroy residents born outside the United States (primarily Mexico) and 46% speaking a language other than English in the home.

South County has a greater Latino/Hispanic presence in Gilroy -- 61.1% than the California average of 38.8% (Data USA, 2017). Per capita, Gilroy has the most validated gang members of any city in the county, with 42% greater than San Jose (2017). Out of the top ten zip codes with arrests and citations in 2019, Gilroy ranked 1st with 273 juvenile arrests/citations, increasing by 34 % from 2018 and Morgan Hill increased by 41% at 168 Agenda Item 7.4 Page 97 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 5/9 arrests/citations, moving from 7th to 4th in ranking (Santa Clara County Probation Department, 2019).

Additionally, Gilroy has the lowest life-expectancy of any zip code in Santa Clara County, with East Gilroy having the very lowest and East San Jose having the second lowest. In comparison to other jurisdictions in the county, South County ranks third in the number of children entering Foster Care (24, 9.3%) and has the highest general neglect (GN) referral rates, allegations of child abuse and/or neglect (532, 7.9%), substantiated allegations (140;

10.3%), and voluntary cases opened due to allegation of GN (52, 9.4%). These issues are compounded by the economic challenges facing South County families who often work multiple jobs to meet the exacerbated cost of housing, food, and transportation. While income disparity is evident throughout the county, with the top income families earning almost 16.4 times more than low-income families, families residing in East Gilroy earn a Median Household Income (MHI) of $39,915 in comparison to San Jose's $93,854. With poor job prospects for an increasing young population, a sense of hopelessness permeates the lives of at-risk and gang-impacted youth in the region (California Department of Education [CDE], 2016). 9 How will applicant ensure that at least 80% of the youth to be served are members of underserved communities of color and/or vulnerable populations? (If funded, documentation must be available upon request and for audit purposes.) Answer: The City will use the official CDBG income verification program application to recruit and capture key demographic information on potential program participants. Demographic information that will be collected includes race, ethnicity, disability, household size, household income, and income verification in the form of either: free and reduced lunch eligibility, MediCal eligibility, Section 8 housing status, and/or foster care status. 10 Provide specific examples of natural and/or cultural resources youth will access because of the project.

Answer: 1. Mt. Madonna (Santa Clara County) – At this park, which has old growth Redwoods, students will learn about the native inhabitants of the land. The main tribe is the Costanoan Rumsen (also known as the Ohlone).

Students will also learn about cattle rancher Henry Miller, whose descendants donated the land to the County, which was the basis for the inception of the park.

2. Point Lobos State Reserve – Point Lobos offers a different topography than the other parks. Based on the coast, it is part of the Monterey Bay National Marine Sanctuary. The wildlife at this site includes seals, sea lions, sea otters, migrating gray whales and thousands of seabirds.

3. Yosemite National Park – At Yosemite, students will learn about the tribes who once inhabited the land. They'll also learn about Yosemite's historical significance among the national parks. Students will have an opportunity to camp overnight, hike along the majestic mountains, and observe the unique wildlife. 11 Describe how the project addresses a critical need of the youth served.

Answer: This program will be specifically aimed at improving access of natural destinations for youth from disadvantaged backgrounds. There are many students in Gilroy who have not had the opportunity to experience and explore the outdoors beyond the city limits. The City is planning to focus on recruiting youth with existing juvenile arrest records or truancy concerns based on reports provided by the County and other local nonprofit organizations that serve students under the age of 18.

Providing free nature access programs for disadvantaged youth will improve outcomes for students who are at risk of falling behind in school and being exposed to the criminal justice system. Collectively, these trips will provide a sense of purpose, an opportunity to for youth to lead one another, and a nature and history oriented perspective beyond their immediate surroundings — for example, how their day-to-day actions impact the planet.
12 Briefly describe the applicant’s mission and how it ties to the goals of the Youth Community Access Grant Program.

Answer: City of Gilroy Recreation's mission is to bring the community together and create memories that last a lifetime.

The proposed nature trip program fits within this mission — to bring youth together and provide them with opportunities and experiences that will have a profound impact on their lives. They'll learn about the role and importance of our natural surroundings and why it's imperative that we maintain it for generations to come.

Students will also develop critical life skills that will build their self-esteem, teach them to work together effectively, nurture peer-to-peer and mentor/mentee relationships, and enhance their logistical planning abilities.

At the conclusion of the program, the students will hopefully feel a stronger sense of inclusion and confidence. 13 What steps will be taken to address youth safety, well-being, comfort, and cultural relevance throughout the project? Agenda Item 7.4 Page 98 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 6/9 Answer: To ensure that participating youth are comfortable and safe while participating in the program, all staff and volunteers will be screened through the City of Gilroy. In addition, staff in this program will have experience working with disadvantaged youth and teens. These staff and volunteers will serve as role models and will enforce positive social behavior through verbal and non-verbal communication and safe physical activity. The City will supply participants with healthy food and drinks during trips and activities and provide safety equipment needed for each trip. To address cultural relevance, youth will learn about the indigenous communities and general history of each nature area prior to visiting.
14 Describe the specific training staff receive in areas such as safety, risk management, cultural competency, trauma informed practices, etc.

Answer: All City staff and volunteers involved in the program will have undergone criminal and work history background checks, on-boarding, and mandated reporter training. The City will require the contractor to conduct background checks on any staff that will be working with youth. The contracted naturalist will also have extensive experience working with underprivileged youth. They will train City staff and volunteers on basic safety protocol when in the wilderness. In order to build cultural competence and center trauma informed care in the program curriculum and interpersonal interactions, staff involved in this program will have undergone trainings such as A Lifeworks Framework, International Institute for Restorative Practices training, National Compadres Network cultural trainings, and/or Xinachtli rites of passage. The program staff, service providers and leaders will demographically reflect the targeted population intended to be served. 15 Describe any existing ADA accessibility accommodations available to youth and/or planned accommodations included with this proposal.

Answer: City staff will ensure that participating youth requiring ADA accessibility are accommodated. Wheelchair lift transportation is available for each excursion. If a participating student has special needs and will need an aide to assist, the City will work with the participant and their family to accommodate their needs.

Funding Priorities
16 Describe any youth leadership opportunities during project development and/or implementation. Provide information pertaining to any distinct youth participant roles that may be applicable (e.g., interns, youth advisory committee, etc.).

Answer: Each year's program will have two cohorts – 20 middle school aged youth and 20 high school aged youth. At the end of the program each year, City staff will select up to four youth (2 from each cohort) to act as youth activity leaders volunteers for the subsequent year's program. Serving in a leadership role, these students will be part of the planning process and able to provide feedback and support implementation from a youth perspective. After year two, another set of cohorts will be selected to serve as youth activity leaders during year three. 17 Of the total number of youth participants, how many will be given leadership opportunities during project development or implementation? If distinct roles are applicable, how many youth are anticipated for each role? Answer: Four (4) youth from each year's cohorts will be recruited for Youth Activity Leader positions, for a total of 8 youth leaders.
18 What skills and knowledge will youth gain because of the project? Answer: Youth will learn outdoor safety and survival skills, regional flora and fauna, the impact of climate change and how to prevent further damage to the planet, the history of each park's indigenous cultural and historical heritage, interpersonal skills, and team building skills. Youth will also have opportunities to serve as leaders in small groups and, in some cases, for their entire cohort. Youth will explore and gain an understanding of community building and the impact of making healthy lifestyle choices. 19 Describe lasting impacts of the project and how project experiences will continue to influence youth participants after the project concludes.

Answer: Through successful participation in classroom learning and nature trips, youth participants will develop a stronger connection with the natural environment and improved self-esteem. Those who demonstrate leadership capabilities can apply to become a Youth Activity Leader and mentor future cohorts. This will support the legacy of the program and thus the sustainability of the project. Through the program, students will develop a deeper connection to themselves, their peers, and community that will influence their interactions in school, home and community spaces. Some youth may be motivated to start a hiking club at their school or a community group committed to bringing awareness about the local impacts of climate change. 20 Describe any youth participation in public awareness/outreach campaigns before and/or after project completion.

Agenda Item 7.4 Page 99 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 7/9 Answer: Youth will be documenting their experiences both in a personal diary and through multi-media presentations. In small groups, students will be asked to make a public service announcement about the importance of the natural environment and why it needs to be protected for future use. They'll also discuss their experience in the program and how it has helped them appreciate the world around them. These videos will be distributed through the City's social media and e-newsletter platforms. After each year's program is completed, youth activity leaders and participants will make a presentation to the Gilroy Parks and Recreation Commission and the Gilroy City Council, where they will demonstrate what they have learned and how the program has benefited them. 21 Explain how the project encourages and empowers youth to make healthy choices during and beyond the project.

Answer: City staff will ensure that youth have access to healthy nutritional meals during activities and trips. There will also be lessons about the importance of consuming nutritious and fresh foods. Youth will have the opportunity to plan healthy meals/snacks with staff to practice healthy choices. The project aims to provide positive recreational opportunities in nature with positive adult role models to support mental, physical, and spiritual healing and education in nature. Youth will learn to seek alternative choices to negative coping strategies and negative influences.

Project Readiness
22 Describe the immediate steps to be taken post-grant award.

Answer: If selected for an award, staff will send the required Authorizing Resolution to City Council for approval. The Recreation Manager will then identify key staff that will be involved with the program. City staff will issue a Request for Proposal (RFP) to contract the services of a professional naturalist organization that has experience working with socio-economically disadvantaged youth and teens in the outdoors. Staff will also obtain quotes for a charter transportation company for its offsite trips. Recruitment of participants will be conducted through the distribution of a school flyer and disseminating the information to the South County Youth Taskforce network that includes the Spanish-language community group "Promotores" and Gilroy's "Late Night Gym" (LNG) program.

The youth in LNG have been identified as requiring additional social and emotional support. 23 Explain how the applicant will fill any funding gaps to complete the project.

Answer: Any gaps in project funding will be supplemented by the City of Gilroy's Recreation Division budget. During the program's implementation, City staff will apply for local and private grants that may supplement the program's funding. The City currently has an ongoing grant from Santa Clara County Valley Transportation Authority's "2016 Measure B Bike-Pedestrian Education and Encouragement Fund," which reimburses qualifying agencies for expenses that were used to promote bicycling, walking and/or hiking in Gilroy. 24 If the project requires hiring of staff, explain the timeline for hiring and specific role(s) to the discrete project proposed for grant funding.

Answer: The program will utilize existing City Recreation staff: Community Coordinator, Recreation Manager, Recreation Specialists, and Recreation Leaders. The City also plans to augment supervision and program implementation by contracting the services of a professional naturalist through the RFP process. This process typically takes three to five months to complete.
25 If the project requires approval from entities other than applicant, provide the status of discussions and approvals.

Answer: Once this project is approved by CNRA, Gilroy City Council will approve an authorizing resolution to move forward with the grant funding agreement and program.
26 If applicable, provide the status of communications about the project with entities (e.g., schools, non-profit organizations, foster system, etc.) from which youth will be recruited.

Answer: Once the school year begins in August 2022, City staff will discuss this project with South County Youth Taskforce, Gilroy Unified School District, Santa Clara County Department of Probation, and other key stakeholders.
27 If a development project (e.g., construction), will the project trigger any permits and/or environmental reviews? If so, provide the status and/or anticipated timeline of applicable compliance measures.

Answer: Not applicable -- not a development project.

Organizational Capacity and Collaboration
28 Describe the applicant's ability and experience with fundraising (e.g., grants, donations, etc.).

Agenda Item 7.4 Page 100 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 8/9 Answer: Past grants and donations:
2022
Donations:

Gilroy Assistance League (GAL): $3,000 to Gilroy Youth Center (after school program) Gilroy Rotary Club: $2500 toward Party in the Park special event 2021
Donations:

Exchange Club: $300 toward Youth Scholarship Fund
Gilroy Chevy: $1000 Youth Sports
Gilroy Foundation:

Senior Center - $425
Youth Scholarship Fund - $6100
2020
Donations:

Exchange Club: $300 toward Youth Scholarship Fund
Gilroy Rotary Club: $2500 toward Kids Discover Arts special event, $2500 toward Party in the Park special event 2019:

Grant:

Santa Clara County: $1000 toward Community Fireworks display 29 Describe the applicant's experience in completing similar projects.

Answer: The City facilitates a CDBG grant funded summer day camp program that serves Gilroy's low-income residents following HUD income guidelines. See attachment for supplemental information about this summer youth program.

The Recreation Division runs recreation and athletic programs that serve youth from all socioeconomic backgrounds, including low-income youth and those residing in DACs. Participation fees are waived on a caseby-case basis depending on individual needs and household income. 30 Describe the applicant's fiscal capacity to carry out the proposed project.

Answer: The City's General Fund, which provides the funding for the Recreation Division, will enable staff to fill any unexpected funding gaps. The City of Gilroy is a fiscally solvent municipality. 31 What is the applicant's primary source of revenue?
Answer: The City of Gilroy Recreation Division is funded by city taxes and user fees. 32 Describe any partnerships with other entities and their roles in the project.

Answer: Through an RFP, the City will work with a contracted non-profit naturalist organization that will facilitate a class curriculum and lead students on four excursions. The South County Youth Taskforce will help the City recruit and refer youth participants. The Taskforce is comprised of local school districts, community-based organizations, school resource officers, and probation officers.
33 If funded, what documentation will applicant use to demonstrate that the project was successful—i.e., met expected outcomes and benefitted the intended audience?
Answer: To demonstrate and evaluate project success and effectiveness, City staff will use pre- and post- program surveys of youth participants at the start and end of each school semester. City staff will also take photos and document the naturalist curriculum for internal evaluation purposes.

Additional Project Characteristics
34 Describe other project characteristics not previously discussed that would assist in evaluating the proposal. (No Agenda Item 7.4 Page 101 of 308
7/29/22, 4:24 PM SOAR
https://soar.resources.ca.gov/Proposal_Mgmt/PrintApplication.aspx 9/9 response or an answer of "Not Applicable" will be given a score of zero).

Answer: Not applicable.

Certification And Submission Statement
Please read before signing and submitting application.

I certify under penalty of perjury:

The information entered on behalf of Applicant Organization is true and complete to the best of my knowledge; I am an employee of or a consultant for the Applicant Organization authorized to submit the application on behalf of the Applicant Organization; and
I understand that any false, incomplete or incorrect statements may result in the disqualification of this application.

By signing this application, I waive any and all rights to privacy and confidentiality of the proposal on behalf of the applicant, to the extent provided in this RFP.

Page 1 of 3 ends

City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code
Meeting Date: August 21, 2023
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Jon Biggs, Special Assistant to City Administration STRATEGIC PLAN GOALS Promote Economic Development Activities

RECOMMENDATION
Adopt an ordinance adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code, which provides permit requirements and standards for sidewalk vending, and find that it is exempt from CEQA review based on CEQA Guidelines Section 15332.

EXECUTIVE SUMMARY
Legislation adopted at the State level (State Senate Bill 946 or SB 946) now allows vendors to sell food and merchandise on pedestrian paths, public sidewalks, and, in certain instances, public parks. Although the Gilroy City Code includes requirements for mobile vending (Chapter 16A of the Gilroy City Code), those requirements are not in line with current State legislation for sidewalk vendors, and the proposed ordinance provides permit requirements and standards for those seeking to sell goods or foods on City-owned paths, sidewalks, and parks.

BACKGROUND
At its meeting of August 7, 2023, the City Council considered and voted to introduce an ordinance adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code. This ordinance provides the rules and standards for regulating sidewalk vending in the City.

The ordinance that was introduced contained a few minor modifications, made orally after discussion at the meeting, from the written draft ordinance. These oral changes, Agenda Item 7.5 Page 103 of 308
Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code City of Gilroy City Council Page 2 of 3 August 21, 2023 1 2 shown below in redline format for easy distinction, are included in the written ordinance proposed for adoption.

1. Addition of the following standard in section 16B.3:

For the health, safety, and welfare of the community and pedestrians when using its public sidewalks, paths, and parks, generators and cooking methods that involve deep fat frying and wood fired cooking devices, which present fire, smoke, burn, and slipping hazards, are prohibited. This limitation does not prohibit sidewalk vendors from using other cooking methods to heat or prepare foods.

2. Deletion of the following standards in section 16B.3:

Vendors shall not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application.

Vendors using a generator approved in conjunction with the sidewalk vending permit and those that emit smoke or steam shall not be located within twenty-five feet (25’) of building openings and approved outdoor seating of an eating establishment.

3. Modification of the following standard in section 16B.3:

Increase the setback distance from the curb face from two feet to three feet – to read as follows:

At locations where on street parking is angled to the curb, the vending device or area shall be setback three two feet (3’ 2’) from the curb face.

4. Replace ‘or’ with ‘and’ at subsection 16B.6 (8) to read as follows:

Commercial general liability, automobile, and workers compensation insurance policies and or other such policy as the office of the risk manager of the city of Gilroy shall require.

As indicated above, these minor modifications have been included in the copy of the ordinance attached to this agenda report for Council adoption.

ANALYSIS
The City Council is now being asked to adopt the proposed ordinance, which reflects the changes made at its regular meeting on August 7, 2023.

If adopted, the ordinance will take effect thirty (30) days following this action of the City Council, on September 20, 2023.

Agenda Item 7.5 Page 104 of 308
Adoption of an Ordinance Adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code City of Gilroy City Council Page 3 of 3 August 21, 2023 1 2 ALTERNATIVES

1. Decline adoption of the ordinance.

2. Refer the ordinance to staff and direct that it be scheduled for a future meeting of the City Council for consideration.

These alternatives are not recommended since the proposed ordinance was developed through a series of Council inputs.

FISCAL IMPACT/FUNDING SOURCE
The adoption of the ordinance will have a minimal fiscal impact. However, there will be staff time consumption across multiple departments in implementing the ordinance. For example, staff will need to create educational materials; conduct outreach; develop documents, forms, and procedures, including configuration in the new permit system; perform permit review and processing; enforce standards and regulations; and coordinate with outside agencies. Additional resources will be needed to implement the ordinance. Staff will consider the staff time and cost and return with a resolution for the City Council to consider the appropriate application fee at its September 18, 2023 meeting.

PUBLIC OUTREACH
The City held several public outreach workshops and meetings on this subject:
• A community workshop on sidewalk vending was held on June 8, 2023, at the Gilroy Senior Center.
• Public Hearings were held on the proposed ordinance at the July 10, 2023 Special Meeting of the City Council and the August 7, 2023 regular meeting of the City Council.
• A study session of the City Council to review sidewalk vending regulations was held on July 19, 2023.

NEXT STEPS
If adopted, the ordinance will become effective in 30 days, on September 20, 2023.

Attachments:

1. Proposed Ordinance
Agenda Item 7.5 Page 105 of 308
ORDINANCE 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING CHAPTER 16B, SIDEWALK VENDING,

TO THE GILROY CITY CODE
WHEREAS, in 2019, California Senate Bill (“SB”) 946 (Sidewalk Vendors) became law, decriminalizing commercial sidewalk vending and limiting local government’s ability to restrict sidewalk vending; and
WHEREAS, since SB 946 became law, it has become clear that, in order to promote public health, safety, and welfare, the City requires a comprehensive City-wide dedicated sidewalk vending permitting and regulatory scheme that both complies with state law and is effective at regulating sidewalk vending in public spaces; and WHEREAS, at its meeting of April 17, 2023, staff presented the City Council with an overview of sidewalk vending legislation adopted by the State of California, and following public comment and input, the City Council directed that staff draft an ordinance containing permit requirements and standards for sidewalk vending in the City; and WHEREAS, staff held a community workshop on the evening of June 8, 2023, which was well attended by various segments of the community who sought clarifications and asked questions in addition to providing input on the process and standards by which sidewalk vending would be permitted: and
WHEREAS, at its meetings of July 10 and July 19, 2023, the City Council considered the proposed ordinance and following public comment and input, directed that staff incorporate changes to the sidewalk vending rules, where appropriate, and return them to the City Council at a future meeting for consideration; and WHEREAS, if properly regulated, sidewalk vending can foster vibrant public spaces, promote a diverse and inclusive local economy, and create economic opportunities for low-income and immigrant communities; and WHEREAS, at the same time, inadequately regulated sidewalk vending has caused and will be expected to cause negative future impacts on public health, safety, and welfare. For example, inadequately regulated sidewalk vending has caused or been associated with numerous negative consequences in Gilroy and as reported by staffs of other cities as well, including unsafe overcrowding; decreased accessibility for persons with disabilities; a lack of adequate access for first responders, and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; diversion of pedestrians into bike lanes or vehicular lanes; parking congestion; accumulation of trash and pollution in public spaces; altercations arising amongst vendors competing for locations from which to vend their food or goods; foodborne illnesses; the sale of counterfeit goods; and a lack of sales tax being collected; and
Agenda Item 7.5 Page 106 of 308
Ordinance No. 2023-XX
Sidewalk Vending
City Council Regular Meeting | August 7, 2023

Page 2 of 2 ends

WHEREAS, the intent of this ordinance is to effectively regulate sidewalk vending in a way that: (a) complies with state law; (b) addresses objective public health, safety, and welfare concerns; and
WHEREAS, the project is exempt from CEQA review based on CEQA Guidelines subsection 15061 (b) (3) in that the adoption of this ordinance does not have the potential to cause a significant effect on the environment because it provides additional rules and procedures intended to provide for the protection of health, safety, and welfare in the City for commercial activity, sidewalk vending, determined by the State of California to be permissible across the State.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN THE ADDITION OF CHAPTER 16B, SIDEWALK VENDING, ATTACHED AS EXHIBIT ‘A’, TO THE GILROY CITY CODE.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 21st day of August 2023 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Agenda Item 7.5 Page 107 of 308
1 EXHIBIT ‘A’ of ORDINANCE 2023-XX
CHAPTER 16B

SIDEWALK VENDING
Sections
16B.1 Intent and purpose.
16B.2 Definitions.
16B.3 Sidewalk vending standards.
16B.4 Restricted vending times and locations.
16B.5 Permit applicability.
16B.6 Sidewalk vending permit application and fees.
16B.7 Sidewalk vending permit approval, conditions, denial, or revocation. 16B.8 Sidewalk vending permit expiration and renewal.
16B.9 Administrative citations.
16B.10 Impoundment.
16B.1 INTENT AND PURPOSE.
(a) The city council of the city of Gilroy declares that:
(1) If properly regulated, sidewalk vending can foster vibrant public spaces, promote a diverse and inclusive local economy, and create economic opportunities for low-income and immigrant communities.
(2) At the same time, inadequately regulated sidewalk vending has caused and will be expected to cause in the future negative impacts to the public health, safety and welfare.

For example, inadequately regulated sidewalk vending has caused or been associated with numerous negative consequences in Gilroy and as reported by staffs of other cities as well, including unsafe overcrowding; decreased accessibility for persons with disabilities; a lack of adequate access for first responder and emergency personnel; the monopolization of public spaces for private commercial use; traffic safety concerns for motorists, bicyclists, and pedestrians; diversion of pedestrians into bike lanes or vehicular lanes; parking congestion; accumulation of trash and pollution in public spaces; altercations arising amongst vendors competing for locations from which to vend their food or goods; foodborne illnesses; the sale of counterfeit goods; and a lack of sales tax being collected. (3) Sidewalk vending must be regulated to address the concerns discussed above. (b) The purpose of this chapter is, therefore, to promote the public peace, safety, health, and welfare by ensuring rapid access for first responder and emergency personnel; improving sidewalk accessibility for persons with disabilities; facilitating ingress into and egress from vehicles, maintaining rights-of-way to buildings, and public spaces; maximizing use and promoting maintenance of public rights-of-way, parks, and other public spaces; and reducing the city’s exposure to civil liability.
16B.2 DEFINITIONS.

For the purpose of this chapter, the following words and phrases are defined as follows:

Agenda Item 7.5 Page 108 of 308
2 (a) “Food” means raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum and/or any other items defined as food by the California Retail Food Code. (b) “Mobile vendor” means any person in charge of or driving any motorized mobile vending vehicle requiring a state driver’s license to operate, either as an agent, employee, or otherwise under the direction of the owner.
(c) “No vending or limited vending zone” means an area where sidewalk vending is prohibited or limited due to objective public health, safety, or welfare concerns. The city council may establish no vending or limited vending zones by resolution, as set forth in Section 16B.4 (c). (d) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(e) “Sidewalk vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, or merchandise on any public sidewalk, pedestrian path, park, or other public property, with or without the assistance of a vending device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing any such food, goods, or merchandise, even if characterized by the sidewalk vendor as a donation. (f) “Sidewalk vending permit” means a permit or card issued by the city to a sidewalk vendor pursuant to Section 16B.7.
(g) “Sidewalk vendor” means a person who sells food or merchandise from a vending device or from one’s person, upon a public sidewalk, pedestrian path, park, or other public property. This term is inclusive of both roaming and stationary sidewalk vendors. (h) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (i) “Vending device” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. “Vending device” does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Gilroy or with the consent of the city of Gilroy. (j) “Enforcement official” means any person designated by the city administrator to enforce this chapter and includes, but is not limited to: community development department or recreation division staff tasked with code enforcement or compliance, all Gilroy police department sworn personnel and community service officers, and/or any city-contracted code enforcement officer or specialist.
16B.3 SIDEWALK VENDING STANDARDS.
(a) Sidewalk vendors shall comply with this section in order to prevent unreasonable conflicts with pedestrian and vehicular traffic, prevent improper disposal of trash, and to assure that pedestrians (including pedestrians with disabilities) have adequate and accessible thoroughfares, Agenda Item 7.5 Page 109 of 308
3 to minimize trip and fall hazards, to address driver visibility concerns, and to address other public health, safety, and welfare concerns:
(1) Vending devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground.
(2) No food sidewalk vendor may be accompanied by or in the custody or possession of an animal, except a service animal. Merchandise sidewalk vendors may have a leashed animal.
(3) To maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk below a minimum of forty-eight inches excluding curb, and excluding any sidewalk areas that are made non-passable due to any natural barriers or other existing conditions or obstructions such as posts, parking meters, street trees, planters, or signs that are located on the sidewalk, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic.

At no time, may a sidewalk vendor operate in such a fashion that would violate or cause a violation of the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices. (4) Sidewalk vendors shall not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures shall be requested in the sidewalk vending permit application. The size of a citypermitted shade structure or vending device may vary depending on the location, but in no event may a sidewalk vendor’s total operational size (including any shade structure or vending display device) exceed the total operational size allowed in the permit issued to the sidewalk vendor.
(5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (6) Sidewalk vendors shall not cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic.
(7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors shall not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending device and are no larger than the vending device itself.
(8) For the health, safety, and welfare of the community and pedestrians when using its public sidewalks, paths, and parks, generators and cooking methods that involve deep fat frying and wood fired cooking devices, which present fire, smoke, burn, and slipping hazards, are prohibited. This limitation does not prohibit sidewalk vendors from using other cooking methods to heat or prepare foods.
(9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending Agenda Item 7.5 Page 110 of 308
4 location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a twenty-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use city receptacles for this purpose. (10) Sidewalk vendors must include any necessary measures needed to prevent and promptly clean up the splatter of fats, greases, or oils on surroundings. (11) Sidewalk vendors must appropriately dispose of fats, greases, or oils. (12) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending device a valid permit from the County of Santa Clara Department of Environmental Health.
(13) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending device a valid sidewalk vending permit issued pursuant to Section 16B.7. A properly permitted sidewalk vendor must remain on site for all vending activities.
(14) Vending devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending device shall become a permanent fixture on the vending site or be considered an improvement to real property.
(15) Vending devices shall not be left or stored unattended on public property or within the public right-of-way.
(16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; or (B) items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, cannabis, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. (17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending devices, items placed on or in vending devices, and associated seating; and (B) personal belongings wholly contained underneath or inside of a vending device.
(18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise.
(19) Sidewalk vendors shall not interfere with access or use of city infrastructure, including city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles.
(20) Sidewalk vendors shall not block access to or create unreasonable congestion by maintaining a clear distance of forty-eight inches (48”), unless this conflicts with federal, state, or local regulations, at: (A) a corner of any street intersection; (B) any fire hydrant, Agenda Item 7.5 Page 111 of 308
5 emergency exit, or other emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any egress and ingress location of a building, facility, or stairway access point; (E) any driveway or driveway apron; or (F) from any roadway. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
(21) Stationary sidewalk vendors shall not locate their vending device over or within fifteen feet (15’) of a storm drain.
(22) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code.
(23) Sidewalk vendors shall not connect to city owned utilities such as but not limited to, electric boxes, water lines, and gas lines.
(24) Vendors shall not allow customers in their queue or encourage customers to interfere with or obstruct public rights-of-way, pedestrian pathways, or traffic. (25) Vendors shall maintain at least five feet or 50% of the overall width of the sidewalk or other pedestrian path, whichever is greater, open to pedestrians. (26) Vendors may not operate within twenty-five feet (25’) of an automatic teller machine (ATM).
(27) At locations where on street parking is angled to the curb, the vending device or area shall be setback three feet (3’) from the curb face.
(28) In order to minimize noise impacts on residential units, in mixed use areas, a vendor may only engage in sidewalk vending during the hours of operation of adjacent businesses or uses on the same street.
(29) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards and the Americans with Disabilities Act and other disability access standards (both state and federal). (30) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit.
(b) The city administrator or their designee may promulgate regulations governing sidewalk vending to enforce the provisions of this chapter and to address objective health, safety and welfare concerns. A violation of such regulations shall constitute a separate violation of this chapter.
16B.4 RESTRICTED VENDING TIMES AND LOCATIONS.

Agenda Item 7.5 Page 112 of 308
6 (a) Unless specifically permitted by another provision of this municipal code, to ensure rapid access by first responder and emergency personnel; to improve sidewalk accessibility for persons with disabilities; to facilitate ingress into and egress from vehicles, rights-of-way, buildings, and public spaces; to maximize use and promote maintenance of public rights-of-way, parks, community landmarks; and to reduce the city’s exposure to civil liability, stationary sidewalk vending is not permitted in the following limited areas:
(1) In any city park where the city has entered into an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire; (2) In areas that are zoned exclusively residential.
(3) Within three hundred feet (300’) of a permitted certified farmers’ market during the limited operating hours of that certified farmers’ market or a special event for which a special event permit has been issued during the hours of that special event. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
(4) Within four hundred feet (400’) of a school between the hours of 7:00 am and 4:00 pm on school days.
(5) Within six hundred feet (600’) of any entertainment establishment (e.g., clubs) within the hours of 10:00 pm and 2:30 am.
(b) For the same reasons identified in subsection (a), both stationary and roaming sidewalk vending shall not be permitted in the following limited areas:
(1) On a bike path, a street (including within on-street parking spaces), within a driveway, or in a public parking lot.
(c) The city council, by resolution, may from time to time designate no vending or limited vending zones due to objective health, safety, or welfare concerns. In designating a no vending or limited vending zone, the city council shall first determine that vending without limitation in the area would impede or interfere with public health, safety, or welfare. (d) This section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, a Special Event Permit issued by the city. 16B.5 PERMIT APPLICABILITY.
(a) A sidewalk vending permit shall only permit the operation of one vending device at any one time.
(b) No permit granted pursuant to this chapter shall be transferable. (c) An approved stationary sidewalk vending permit grants the permittee the privilege of occupying a particular portion of the public path or sidewalk for the purpose of conducting the approved vending business. An approved stationary vending permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued and/or to operate at any location in the public street.

Agenda Item 7.5 Page 113 of 308
7 16B.6 SIDEWALK VENDING PERMIT APPLICATION AND FEES.
(a) No person may engage in sidewalk vending in the city without first obtaining: (1) a sidewalk vending permit issued pursuant to Section 16B.7; (2) a business license issued pursuant to Chapter 13 of the Gilroy City Code.
(b) To apply for a sidewalk vending permit, the sidewalk vendor applicant must file an application with the city, accompanied by an application fee in an amount established by resolution of the city council. The application shall be in a form developed by staff and shall contain the following:
(1) The legal name and current address, telephone number, and email address of the applicant, who must be a natural person (i.e., an individual human being and not a corporation, firm, partnership, etc.); a copy of the applicant’s California driver’s license, California identification card, U.S. Passport, individual taxpayer identification number, federal identification number, or other identification number or card issued by a foreign government;
(2) If sidewalk vending as a representative of a firm, association, or partnership, the name and address thereof and the names and residences of partners or association members. If sidewalk vending as a representative of a corporation, the name and address thereof and the names and residences of officers and a local manager; (3) A Statement of Operations which includes the type of operation (mobile or stationary), description of the food or merchandise offered for sale, hours of operation, and location of operation;
(4) Copies of all required licenses and permits, including but not limited to a city of Gilroy business license, California seller’s permit, and copies of all permits and approvals needed from the County of Santa Clara Department of Environmental Health. Each separate concurrently operating vending location requires its own business license and sidewalk vending permit;
(5) The following release, indemnification, and acknowledgement requirements:
(A) An agreement by the applicant to waive and release the city and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments (including attorneys’ fees and court costs) related to or arising out of the applicant’s sidewalk vending activities.
(B) An agreement by the applicant to, to the greatest extent allowed by law, defend, indemnify, and hold harmless the city, its officers, agents, employees, contractors, and volunteers from and against any and all claims related to or arising out of the applicant’s sidewalk vending activities. (C) An acknowledgement and agreement that the applicant’s use of the sidewalk or other city facilities is at the applicant’s own risk, and it is not the city’s responsibility to ensure that the vending location is safe or conducive to the vending activities
Agenda Item 7.5 Page 114 of 308
8 (6) Photos, dimensions, and a description of the vending device that will be used. If the vending device is mobile, the application shall also contain all applicable vehicle identification information including VIN, make, model and engine number; (7) An acknowledgement of having read and an agreement to abide by this Chapter 16B (Sidewalk Vending); and
(8) Commercial general liability, automobile, and workers compensation insurance policies and other such policy as the office of the risk manager of the city of Gilroy shall require. 16B.7 SIDEWALK VENDING PERMIT APPROVAL, CONDITIONS, DENIAL, OR REVOCATION.
(a) A sidewalk vending permit shall be approved unless it is determined that:
(1) Information contained in the application, or supplemental information requested from the applicant, is incomplete or false in any material detail; or (2) The proposed operations are contrary to the provisions and operating standards of this chapter;
(3) The applicant has failed to pay or otherwise resolve any previous administrative citations associated with a previous violation of this chapter; or (4) The location of the proposed vending operations has already been approved for another use (including potentially other vending operations) at the time the applicant proposes to vend at the subject location; or
(5) The proposed vending operations are in violation of any federal, state or local law or ordinance and/or the city’s approval of a sidewalk vending permit would be contrary to legal requirements applicable to the city.
(b) Reasonable sidewalk vending permit conditions, regulating the time, place, and manner of sidewalk vending may be added.
(c) If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.
(d) A sidewalk vending permit may be revoked for violation of this chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.
(e) An applicant may appeal the decision to deny, revoke, or condition the application to the city administrator within ten (10) business days of the decision. An appeal hearing will be held by the city administrator or their designee within ten (10) business days from the date the appeal is received. At the hearing, both the applicant and the staff member denying the permit shall have the right to appear and to present evidence and arguments relevant to the grounds on which the decision to deny the application is appealed. The burden of proof shall be on the applicant to show that he/she meets the qualifications for a sidewalk vending permit. The decision of the city administrator, or their designee, shall be final and conclusive upon the applicant.

Agenda Item 7.5 Page 115 of 308
9 16B.8 SIDEWALK VENDING PERMIT EXPIRATION AND RENEWAL.

A sidewalk vending permit shall be valid for twelve months from the date of issuance, except that a sidewalk vending permit shall be deemed null and void upon the revocation or expiration of: (a) the related city issued business license, (b) a required permit from the County of Santa Clara Department of Environmental Health, and/or (c) the California seller’s permit pursuant to Revenue and Taxation Code Section 6067.
16B.9 ADMINISTRATIVE CITATIONS.
(a) Unless otherwise provided, a violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 6A, Article II of the Gilroy City Code, in amounts not to exceed the following:
(1) One hundred dollars ($100) for a first violation.
(2) Two hundred dollars ($200) for a second violation within one year of the first violation. (3) Five hundred dollars ($500) for each additional violation within one year of the first violation.
(b) Unless otherwise provided, a person engaged in sidewalk vending without a valid city sidewalk vending permit shall be issued an administrative citation pursuant to Chapter 6A, Article II of the Gilroy City Code in amounts not to exceed the following, in lieu of the amounts set forth in subsection (a):
(1) Two hundred and fifty dollars ($250) for a first violation. (2) Five hundred dollars ($500) for a second violation within one year of the first violation. (3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.
(c) A person issued an administrative citation pursuant to subsection (b), upon submitting proof of a valid sidewalk vending permit issued by the city within ten calendar days of the date a citation is issued, may have the amount of their citation reduced to amounts set forth in subsection (a). (d) Unless otherwise provided, a violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.
(e) If an individual violates this chapter and is issued an administrative citation, that person is required to come into reasonably prompt compliance with this chapter. If a cited individual continues to operate unlawfully and/or fails to come into reasonably prompt compliance with this chapter, the individual may be issued a subsequent administrative citation on the same day, so long as at least one hour has passed between each administrative citation. (f) In order to facilitate the administration of this chapter, city enforcement staff is authorized to ask sidewalk vendors who are reasonably believed to be vending in violation of this chapter for Agenda Item 7.5 Page 116 of 308
10 their identification card, or other identifying information, and said individuals are required to provide such information to the requesting enforcement staff. (g) A person who is issued an administrative citation(s) may contest the citation subject to the requirements and procedures of Subsection 6A.16 of the Gilroy City Code. If the contest of the citation is successful, the hearing officer shall order the city to return the fee paid for contesting the citation.
(h) The city shall also provide a person who receives a citation with a notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at any time before the assessed fine is paid, including while a judgment remains unpaid, when a case is delinquent, or when a fine has been referred to a comprehensive collection program. There shall be no charge for an ability-to-pay determination. (i) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, twenty percent of the fee assessed for an administrative citation imposed pursuant to this chapter. (j) The city may develop processes or regulations that would (1) allow for a person to complete community service in lieu of paying the total administrative fine; (2) provide for waivers of the administrative fine; or (3) provide for the offering of alternative dispositions. (k) Administrative citations issued under this section shall include the following notice: “You have a right to contest this citation within thirty (30) calendar days by completing a request for hearing form and returning it to the city clerk. If you do not contest the citation, you waive your right to contest it. You also have the right to request an ability-to-pay determination at any time before the assessed fine has been paid.”
(l) Failure to pay the assessed fine issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed for failure to pay an administrative citation fine.
(m) No person shall willfully interfere with or obstruct any city code enforcement officer, community services officer, or police officer in their enforcement of the provisions of this chapter.

Willful (1) failure to properly identify oneself done for the purpose of attempting to evade an administrative citation, and/or (2) interference with or obstruction of an impoundment authorized pursuant to Section 16B.10 shall constitute unlawful interference or obstruction under this subsection. Violation of this subsection is a misdemeanor. 16B.10 IMPOUNDMENT.
(a) The city may impound vending devices, food, goods, and/or merchandise that:
(1) Reasonably appear to be abandoned on public property; or (2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) operates in violation of this chapter; and (B) refuses or fails to provide identification, as required by Section 16B.9 (f); and (C) refuses to remove their vending device, food for sale, Agenda Item 7.5 Page 117 of 308
11 and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (A) does not possess a valid applicable sidewalk vending permit; and (B) also refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or
(4) Is (A) creating an imminent and substantial safety or environmental hazard by the location of the vending device or the nature of the goods being offered for sale, and (B) refuses to remove their vending device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a city enforcement official; or (5) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who has, within a twenty-four-month period, been found responsible for violating this chapter four or more times.
(b) The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(c) An aggrieved vendor may, within ten days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the city pursuant to Subsection 6A. and if successful in their appeal, may have their property returned without paying an impound fee. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedure contained in Chapter 6A., Article II of the Gilroy City Code. Any appeal fee paid by the sidewalk vendor shall be returned to the sidewalk vendor if they are successful on appeal.
(d) An individual may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
(e) The city council may by resolution adopt impound fees, which shall reflect the city’s enforcement, investigation, storage, and impound costs. (f) Any unclaimed items will be considered abandoned and forfeited to the city after ninety days following impoundment.

Agenda Item 7.5 Page 118 of 308

Page 1 of 4 ends

City of Gilroy

STAFF REPORT
Agenda Item Title: Award of Contract to Perkins & Will for the Preparation of ‘Basis of Design’ Documents for the
Gilroy Ice Center, Approve a Contract Expenditure of
$275,000, and Authorize City Administrator to
Execute Final Agreement
Meeting Date: August 21, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Karl Bjarke, Interim Public Works Director STRATEGIC PLAN GOALS Promote Economic Development Activities

RECOMMENDATION
Award a contract to Perkins & Will in the amount of $250,000 and approve an additional project contingency of $25,000 (10%) for a total amount of $275,000 for the preparation of ‘Basis of Design’ documents related to the Gilroy Ice Center project and authorize the City Administrator to make minor amendments as necessary to execute the contract and associated documents.

EXECUTIVE SUMMARY
The City is now positioned to move into the design phase of the Gilroy Ice Center (GIC). It has been decided that the project will be constructed utilizing the design-build form of contract. Under the design-build format, the City will award a contract to a qualified design/construction firm that has the dual role of designing the project and building it. The design-build method is suited for the GIC in that there is less risk of expensive change orders during construction, and the project will be completed sooner than it would under the more traditional design-then-build method. Before the City can solicit design-build proposals, however, it must first have Basis of Design documents prepared. Basis of Design documents are fundamental design parameters that become the basis of design for the selected design-build contracting team. Under the nonAgenda Item 8.1 Page 119 of 308 Award of Contract to Perkins & Will for the Preparation of 'Basis of Design' Documents for the Gilroy Ice Center and Approve a Contract Expenditure of $275,000 City of Gilroy City Council Page 2 of 4 August 21, 2023 binding term sheet between the City and Sharks Sports & Entertainment, LLC, it has been agreed that the architecture firm, Perkins & Will, will prepare the Basis of Design documents for the project. Sharks Sports & Entertainment and Perkins & Will have partnered together on similar projects in the past. It is recommended that the City hire Perkins & Will to prepare the Basis of Design documents.

BACKGROUND
This project constitutes phase III of the Gilroy Sports Park Master Plan, updated in 2019. The City then updated the 2002 Environmental Impact Report (EIR) via a Master Plan EIR Addendum.

In June of 2022, the City and Sharks Sports & Entertainment, LLC (Sharks Sports) entered into a Non-Binding Term Sheet for an Operating Agreement for the proposed Gilroy Ice Center (GIC) to be located at the City’s Outdoor Sports Park. The GIC is proposed to be a 100,000-square-foot building with two indoor ice rinks, a restaurant, a snack bar, a pro shop, and other ancillary uses. The Term Sheet allows the City to build the facility and for Sharks Sports to operate it once completed.

The City and Sharks Sports have agreed to move forward under three key elements for successfully completing the project (1) The method for constructing the facility will be by design-build, (2) Sharks Sports will be retained during the entire process to advise the City and to provide technical support, and (3) The firm Perkins & Will will be retained by the City to prepare the Basis of Design documents necessary for ensuring a facility that both the City and Sharks Sports are happy with.

ANALYSIS
As stated above, it is agreed that the appropriate method to build the GIC is designbuild. This differs from the traditional design-then-build method of building facilities whereby the City would first hire a design consultant to prepare the final bid documents, followed by the City putting the project out to bid. Under design-build, one entity - a design/construction firm - prepares the design documents and builds the facility. It is a partnership where the design team works directly with the construction team through the completion of the project. This method brings the following benefits to the City:
✓ Allows for a shorter construction period since construction can begin before the final design documents are completed. For example, the grading and foundation design will be accomplished before the final details of the interior of the building. ✓ Reduces change order risk since the designer and builder are responsible for the final product.
✓ The pre-qualification process that will be used to select the design-build firm helps ensure a high-quality facility.

Once the design-build contract is let, the overall risk is shifted to the design-build team.

However, this also means the City has less control over the ongoing design of the Agenda Item 8.1 Page 120 of 308
Award of Contract to Perkins & Will for the Preparation of 'Basis of Design' Documents for the Gilroy Ice Center and Approve a Contract Expenditure of $275,000 City of Gilroy City Council Page 3 of 4 August 21, 2023 project. This is where the Basis of Design comes into play. The Basis of Design documents conveys design/construction requirements to the design-build firms bidding on the project. They include a summary of the project definition, technical requirements, plans, project constraints, reference materials, and contractual requirements. The Basis of Design will allow both the City and Sharks Sports to ensure everything they need in the facility is provided. Once the Basis of Design documents are prepared, they will be used to assist in the pre-qualification process of design-build firms and will become incorporated into the contract with the chosen design-build firm.

Normally, the City would use the Request for Proposals method for finding a Basis of a Design consulting firm. However, in the approved term sheet between the City and Sharks Sports, it was agreed that Perkins & Will would provide this service. Perkins & Will has proven expertise in the design of sports facilities and has partnered with Sharks Sports on other similar facilities in California. The City’s purchasing policy allows for the direct procurement of the services of Perkins & Will in this manner as a single source.

The scope of services provided by Perkins & Will includes the preparation of Concept Design, Schematic Design, and Design Development as described in the attached agreement. The fee for said services is $250,000, as described in the attached agreement. Staff is also recommending a 10% contingency of $25,000 to be approved for this scope of services.

It is recommended that the Council authorize the City Administrator to implement minor amendments (upon review from the City Attorney) to the agreement while maintaining the fee and term approved by the Council.

Staff does not anticipate fully executing this contract until a consultant agreement between Sharks Sports and the City is completed and approved by Council at a future meeting.

ALTERNATIVES
Staff is proposing the services of Perkins & Will to comply with the terms of the agreement with Sharks Sports and to help complete the project in a timely and efficient manner. The Council could reject the proposal from Perkins & Will and direct staff to seek other firms through an RFP process. This will delay the overall process and may require the City to re-visit the agreement with the Sharks.

FISCAL IMPACT/FUNDING SOURCE
The Gilroy Ice Center project is in the adopted Capital Improvement Program (Project No. 800900) with funding from the Public Facilities Fund (440), Traffic Impact Fund (425), and bond proceeds. Expenditure for this scope of services will initially be funded by the Public Facilities Fund (440), with a 50% contribution from Sharks Sports, and will be 100% reimbursed from the future bond proceeds. A design fee of $250,000 was anticipated for the CIP project. Staff recommends an additional spending authority for Agenda Item 8.1 Page 121 of 308
Award of Contract to Perkins & Will for the Preparation of 'Basis of Design' Documents for the Gilroy Ice Center and Approve a Contract Expenditure of $275,000 City of Gilroy City Council Page 4 of 4 August 21, 2023 the City Administrator of $25,000 as a contingency should an unexpected design issue arise.

PUBLIC OUTREACH
Regarding this recommendation, there has been no public outreach aside from being included on the publicly posted agenda for this meeting.

NEXT STEPS
If the recommendation is approved, staff will execute the contract and have Perkins & Will begin the preparation of the Basis of Design documents. Once those are completed in approximately 22 weeks, the City will start the pre-qualification process to shortlist the number of design-build firms.

Attachments:

1. Perkins & Will Agreement to prepare Basis of Design Documents Agenda Item 8.1 Page 122 of 308
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONTRACTOR)
This AGREEMENT made this 21st day of August, 2023, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Perkins & Will, having a principal place of business at 475 Lincoln Street, Suite 100, Denver, CO 80203.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 8/21/2023 and will continue in effect through 8/31/2024 unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.

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

ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).

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

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

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

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $250,000.00 .

B. Invoices
CONTRACTOR shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” DRAFT Agenda Item 8.1 Page 124 of 308
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ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.

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

C. Indemnification of Liability, Duty to Defend

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

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

D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements DRAFT Agenda Item 8.1 Page 125 of 308
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set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONTRACTOR must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.

As a condition precedent to CITY’S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

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

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

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

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

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR.

CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.

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

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

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

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

CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY DRAFT Agenda Item 8.1 Page 127 of 308
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may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement.

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

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

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

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

C. Attorneys’ Fees
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

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

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

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

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

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.

Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

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

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

CONTRACTOR: CITY:

Perkins & Will CITY OF GILROY
By: By:

Name: Joseph T. Dyer AIA Name: Jimmy Forbis
Title: Associate Principal Title: City Administrator
Social Security or Taxpayer
Identification Number
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Approved as to Form ATTEST:

City Attorney City Clerk
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EXHIBIT “A”

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Joseph T. Dyer, who will act in the capacity of Project Manager, and who will personally direct such Services.

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

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Karl Bjarke shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.

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

III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.

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

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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.

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

V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

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

C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY’S CREDIT.

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

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit “A”.

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

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

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H. NOTICES.

Notices are to be sent as follows:

CITY: Attn: Karl Bjarke
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Joseph T. Dyer
Perkins & Will
475 Lincoln Street, Suite 100
Denver, CO 80203
I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

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

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

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

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EXHIBIT “B”

SCOPE OF SERVICES

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EXHIBIT “C”

MILESTONE SCHEDULE
Design Schedule Assumptions:
a. Concept Design 4 weeks
b. Schematic Design 6 weeks
c. Design Development 8 weeks
d. Transition Period 4 weeks
e. Total Duration 22 weeks
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EXHIBIT “D”

PAYMENT SCHEDULE

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Gilroy City CouncilAugust 21, 2023

Gilroy City Council
August 21, 2023