Gilroy City Council
July 28, 2025

16 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
(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 2024. 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 FEMArelated 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 highflow events
Drainage inspectors report fewer calls
and a decrease in the amount of trash
removed
(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 FY25 FPM included the 'Do Not
Dump/Illegal to Dump' (Topic 7 - Keep creeks clean
and flowing, page 5) messaging. Additionally, Valley
Water’s website ‘Get Flood Ready Essential Tips’
landing page contains ‘Keep debris and trash out of
our streams,’ and the, dump, or drain anything in
creeks’ under the ‘Flood Safety Advice: Before a
Flood’ section., and our ‘Report Creek Blockages and
local street flooding’ promotes the do not
dump/illegal dumping message.
https://www.valleywater.org/flooding-safety/floodready https://www.valleywater.org/flooding-safety/floodready/flood-safety-advice https://www.valleywater.org/flooding-safety/floodready/report-creek-blockages-local-flooding Valley Water hosted Coastal Cleanup Day (CCD) on
ATTACHMENT 2

17 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
September 21, 2024 (Preliminary Results: 45 sites;
930 Volunteers; 55.052 distance cleaned (miles);
27,838.76 weight of trash collected (rounded up to
the nearest pound); 4,876.05 weight of recyclables
collected (rounded up to the nearest pound); and
National River Cleanup Day (NRCD) on May 17, 2025
2025 National River Cleanup Day. (Preliminary
Results: 17,499 pounds of trash; 778 volunteers; 43
cleanup sites; 70 miles cleaned, 2,200 Volunteer
hours).
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 2025 Flood Report is posted on
the City’s “Floodplain Management” landing page.

Mountain View’s “Flood Protection and Insurance
Information” webpage has a link to Valley Water’s
Floodplain Mailer and notes who to call in the city to
report illegal dumping.

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

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

All Santa Clara County communities support and
promote Valley Water’s outreach projects.
(VW OP #67) Lists Pollution Hotline number in all
Project Notices
Valley Water
Communications
Year Round N/A Valley Water’s website includes the pollution hotline number:
https://www.valleywater.org/flooding-safety/floodready ATTACHMENT 2

18 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
https://www.valleywater.org/flooding-safety/floodready/report-creek-blockages-local-flooding All Santa Clara County communities support and
promote Valley Water’s outreach projects.
(SCC OP #68) Storm Drain Stenciling/Medallion
Program
Santa Clara County Year Round All Santa Clara
County CRS
Communities
Mountain View installs Stenciling/Medallion on all
catch basins and inlets in the public right of way.

Palo Alto installs Storm Drain Stenciling/Medallion on
all public right of way catch basin and inlets.

City of Santa Clara: 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 2024.
(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 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” medallions near each catch basin for
ATTACHMENT 2

19 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
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-aCreek Program City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on
9/21/24 and National River Clean-Up Day on 5/17/25.

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-aCreek 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.
(MIL OP #74) “Flood Public Advisory” brochure
contains dumping is illegal messaging and how to
report
City of Milpitas Annually from
December to
January
N/A Milpitas: Utility bill inserts was sent to every address in Milpitas in May 2025, and will be sent out within
the fiscal year going forward. This was sent out in
four languages (English, Vietnamese, Spanish, and
Chinese).
(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-aCreek Program City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD was held on September 21, 2024.

NRCD was held on May 17, 2025.
(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 “2025 Flood Report” brochure contains 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
September 2024.
(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.

ATTACHMENT 2

20 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
(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-aCreek 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
2024.

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
- Repetitive Loss (RL)
Areas
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
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; decrease the number of
repetitive loss increase homes
Increase in the number of flood insurance
policies with contents coverage
(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 Annual Floodplain Mailer (FPM) was
distributed in December 2024. This multi-language
mailer, available in English, Spanish, Chinese, and
Vietnamese, is titled "You Live in a Flood Zone:

Beware. Be Ready. Be Flood Safe." Link to Floodplain
Mailer
The FPM included QR codes, a magnet featuring
essential flood safety websites, a detachable
emergency phone list, and a centerfold that
highlighted our Surface Water Data Portal. One of the
QR codes directs residents to a site where they can
access the latest information about local creek and
reservoir water levels:
https://alert.valleywater.org/?p=map.

Hard copies of the FPM’s (quantities noted below, as
requested by the communities), postcards (in
November 2024) and trifolds (in mid-January 2025)
were also mailed to each city/County in and the FPM
was mailed in early January 2025 for their use,
including posting in their lobby or designated area(s)
Community FPM Postcard /
Trifold
City of Campbell 25 25/25
City of Cupertino 50 50/20
City of Gilory 25 25/25
City of Los Altos 50 100 / 20
Town of Los Altos Hills 25 150 /20
Town of Los Gatos 25 25/20
City of Milpitas 50 25/20
City of Monte Sereno 25 25/25
City of Morgan Hill 150 50/50
City of Mountain View 25 25/20
City of Palo Alto 100 25/20
ATTACHMENT 2

21 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
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®.”
City of San Jose 50 25/25
City of Santa Clara 25 25/25
County of Santa Clara 25 25/25
City of Saratoga 25 25/25
City of Sunnyvale 25 25/20
VW CRS Program 150 300/50
The FPM, postcards, and trifolds are all posted on
Valley Water’s website ‘Flood Ready’ landing page:
https://www.valleywater.org/flooding-safety/floodready Valley Water’s FPM was distributed throughout the
county at various events during the flood season, and
we kept copies in our HQ lobby area.

The City of Los Altos 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.

All Santa Clara County communities support and
promote Valley Water’s outreach projects.
(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 September 2024 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 October 2024.
(LAH OP #85) The town’s “Our Town” quarterly
newsletter includes information on flood
preparedness. The newsletter is mailed out townwide 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: Utility bill inserts was sent to every address in Milpitas in May 2025, and will be sent out within
the fiscal year going forward. This was sent out 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 “2025 Flood Report” brochure was
mailed out citywide in April 2025.

ATTACHMENT 2

22 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
(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 sent out “The View” for Fall/Winter
2024 with information on flood risk, flood safety, and
the importance of buying flood insurance (Topics 1-9)
(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 2024.
(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
September 2024.
(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 2024.
(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: A utility bill insert mailed to residents in Spring of 2024. Flood information was also included
in the biannual Inside Santa Clara newsletter, in the
Fall/Winter 2024 Edition.
(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 October (realtor) & November
(Utility inserts) 2024.
(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 November 2024.

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 send letters to properties in the City’s mapped repetitive loss areas in June 2025.
(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 2024.
(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 March 2025.

ATTACHMENT 2

23 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects 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
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/letstalk-water-speakers-bureau Valley Water
Communications
Unit
On a projectspecific basis
or as
requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners and
Neighborhood
Associations
Forum Groups
Association of
Realtors
In FY25 (from June 2024 through June 2025), Valley
Water's ‘Let’s Talk Water Speakers Bureau Program’
reached the 11 organizations listed below. All
general presentations mention flood protection and
the need to ‘Get Flood Ready’ regardless of the
county’s drought status. They also include links to
Valley Water’s ‘Flood Ready’ information and
resources webpage (ValleyWater.org/floodready),
the hotline to call to report obstructions in creeks,
and flood preparedness collateral available for all inperson events.

Valley Water’s Speakers Bureau Program can
customize presentations to update community
groups on water-specific issues and provide updates
on projects in their area. The FY25 presentations
that included flood preparedness information are
listed below.

1. July 20, 2024 – Cottle to Lean Neighborhood
Association, San Jose

2. August 19, 2024 – Rotary Club of Milpitas

3. August 20, 2024 – Civic Club of San Jose

4. August 22, 2024 – Mountain View Senior
Center

5. October 9, 2024 – Cupertino Library

6. October 19, 2024 – Los Altos Rotary

7. February 19, 2025 – Cupertino Rotary

8. February 28, 2025 – Valley Water’s Water
Works Program (via Zoom)

9. March 3, 2025 – Leadership Morgan Hill

10. March 27, 2025 – Santa Teresa Catholic
Church, San Jose

11. April 23, 2025 – Willow Glenn Lions Club, San
Jose
(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 near flood zones. In FY25 (from
September 2024 – May 2025), Valley Water and the
communities’ staff hosted 29 booths and distributed
flood preparedness information on flood safety and
ATTACHMENT 2

24 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
emergency preparedness materials, including Valley
Water’s annual FPM. Those events are listed below:

1. Mountain View Art & Wine Festival – 9/7 –
9/8/24

2. Vovinam Viet Vo Dao 33rd Annual Moon Festival
– 9/14/24

3. Rotary Club Silicon Valley Fall Festival – 9/14/24

4. City of Campbell State of the City – 9/18/24

5. County Parks La Fuente Celebration, San Jose,
CA – 9/21/24

6. Picnic by the Lake Multicultural Festival and
Resource Fair, San Jose, CA – 9/28/24

7. Friends of Steven Creek Trail’s Trailblazer Race –
9/29/24

8. Supervisor Lee’s Day on the Bay, Alviso, CA –
10/5/24

9. City of Saratoga State of the City Address –
10/5/24

10. Santa Clara County Parks 2024 Fall Festival at
Martial Cottle Park 10/5/24

11. Pumpkins in the Park, San Jose, CA – 10/12/24

12. South Asian Cultural Association of Sunnyvale’s
Diwali Festival – 10/26/24

13. Councilmember Candelas’ Family Fall Festival –
10/26/24

14. ASCE Annual Student Scholarship – 11/14/24

15. Chopsticks Alley Tea Ceremony – 12/6/24

16. Santa Visits Alviso Foundation Drive – 12/7/24

17. VHF Swearing in Ceremony and Celebration for
Betty Duong – 1/10/25
ATTACHMENT 2

25 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY

18. VAR Lunar New Year Festival 1/25 – 1/26/25

19. San Jose Chapter of the Links’ Emergency
Preparedness Workshop – 2/1/25

20. City of San Jose District 1 Black History Month
Flag Raising – 2/7/25

21. CEEF & CUSD Run for Great Schools 5k and Fun
Run – 3/29/25

22. AAUW 42nd Wildflower Run 3/30/25

23. Cupertino Earth & Arbor Day – 4/5/25

24. Mt. Pleasant Neighborhood Association
Emergency Resource Fair – 4/5/25

25. San Jose Clean Energy’s EV Ride & Drive +
EcoHome Expo – 4/12/25

26. Evergreen Valley College EVC Community Day –
4/26/25

27. Morgan Hill Community Earth Day Festival –
4/26/25

28. Berryessa Art Festival – 5/10/25

29. Morgan Hill Mushroom Festival – 5/24 –
5/25/25
All Santa Clara County communities support and
promote Valley Water’s outreach projects.

ATTACHMENT 2

26 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
(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
On November 13, 2024, staff participated in a flood
preparedness press conference held at Valley Water’s
Winfield Sandbag Distribution site in San José. The
press conference was a joint news event with the City
of San José, the County of Santa Clara, and the
National Weather Service. The event featured
speakers from Valley Water and participating
agencies, a sandbagging demonstration, and an
emergency kit assembly table, which included flood
readiness materials.

On December 7, 2024, the Organization for Latino
Affairs (OLA), a Valley Water employee resource
group, provided emergency starter kits at the Santa
Visits Alviso Foundation event in San José. English
and Spanish flood preparedness informational
material and giveaways were provided to
approximately 600 attendees.

On February 12, 2025, Valley Water hosted the
Standard Grants Program Open House event at Valley
Water. A ‘Get Flood Ready’ information table was set
up, and flood preparedness materials were shared
with the participants. Vice Chair Santos welcomed
the 41 prospective applicants with opening remarks.

This in-person event featured workshops to help
applicants navigate the grant process, opportunities
to connect with grants staff, and networking with
local organizations. The event received
overwhelmingly positive reviews, with 100% of
survey participants stating they were satisfied with
the workshops and event.

On February 1, 2025, CRS hosted a "Get Flood Ready"
booth at The Links, Incorporated's “Emergency
Preparedness: Safety Now, Peace Later” event at the
African American Community Service Agency in San
José. There were approximately 80 attendees.

ATTACHMENT 2

27 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
(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 Santa Clara County CRS Group/PPI Committee, included the ‘Other New Initiatives’ topic for
discussion at the March 26, 2025. See Section V. SC
County CRS Users Group/PPIM Committee Meetings -
Monitoring and Evaluating the 2021 PPI in the FY25
Annual Evaluation Report (Attachment 6).
3/26/26 Meeting, Item #5: Review 2021 PPI “Other
New Initiatives” discussion was as follows:

These initiatives were suggested to be re-evaluated
as part of the next PPI update to include only realistic initiatives to reduce the reporting requirements. As
part of the update, the committee can discuss how
best to word the initiatives to allow flexibility and
creativity without being locked into specific
commitments.

These initiatives do not improve our Activity 330
scores since most communities are already maxed
out on the activity.
(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 projectspecific basisVarious
contractors
Cupertino continues to prepare and mail the rainy
season letters every year to applicable projects.

These letters were mailed in mid-August 2024.
(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 projectspecific basisVarious
contractors
Milpitas: On-going. The City of Milpitas sends out
winterization notices to larger development projects.

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
(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 2025.

ATTACHMENT 2

28 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2025 (Year 4) Outreach Projects 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 2025 (Year 4 of the 2021 PPI)
Outreach Projects Accomplishments

INPUT HERE ONLY
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 agents give house hunters
a REB brochure
(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 2024.
(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 January 2025.
(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 2024.

ATTACHMENT 2

1 of 7
Santa Clara Valley Water District
FY25 Flood Awareness Campaign
Valley Water's FY25 Flood Awareness Campaign centered around the theme, "You Live in a Flood Zone: Beware.

Be Ready. Be Flood Safe." The outreach utilized digital geo-targeting technologies to effectively reach businesses and residents within the flood zone. The primary goals of the campaign were to raise awareness about flood risks, encourage residents to sign up for emergency alerts, and inform them on how to obtain sandbags.

Additionally, the campaign highlighted our Surface Water Data Portal, where residents can access the latest information regarding local creek and reservoir levels.

To enhance Valley Water’s community outreach efforts, an educational paid advertising campaign was implemented. Polling results from the previous winter campaign informed this advertising initiative, allowing us to better understand our target audiences and their levels of awareness.

The Flood Awareness Campaign ran for six months, from October 2024 to March 2025, at a total cost of $389,340. This campaign combined outdoor and digital geo-targeted advertising, supplemented by three direct multilingual mailings sent to approximately 49,555 homes and businesses located in or near high-risk flood areas, as designated by the FEMA Special Flood Hazard Area (SFHA).

Targeted Mailings

1. FLOOD CAMPAIGN ANNUAL FLOODPLAIN MAILER
Valley Water's Annual Floodplain Mailer (FPM) was distributed in December 2024. This multi-language mailer, available in English, Spanish, Chinese, and Vietnamese, is titled "You Live in a Flood Zone: Beware. Be Ready. Be Flood Safe."
The FPM included QR codes, a magnet featuring essential flood safety websites, a detachable emergency phone list, and a centerfold that highlighted our Surface Water Data Portal. One of the QR codes directs residents to a site where they can access the latest information about local creek and reservoir water levels:
https://alert.valleywater.org/?p=map.

Link to Floodplain Mailer
ATTACHMENT 3

2 of 7

2. FLOOD TIPS POSTCARD MAILER
'Beware. Be ready. Be Flood Safe.' Extreme Weather multilingual postcards were produced and distributed to 49,555 properties in the FEMA SFHA in November 2024. These postcards included the nine CRS topics, supporting messages, and links to various flood readiness and preparedness web pages.

Link to Tips Postcard

3. FLOOD TRI-FOLD BROCHURE
In January 2024, we mailed out the trifold guide titled “You Live in a Flood Zone: Beware, Be Ready, Be Flood Safe.” This multilingual resource outlines actions residents can take to protect their lives and property before, during, and after a flood. Additionally, it includes a QR code that directs readers to valleywater.org/floodready for more tips and tools on flood preparedness.

Link to Trifold
ATTACHMENT 3

3 of 7

4. TARGETED OUTDOOR ADVERTISING
The 2024-25 outreach campaign included outdoor banners displayed at ten locations identified as high-risk areas for flooding. Additionally, advertisements in English, Spanish, and Vietnamese were featured on 24 public buses operating in regions deemed "hot spots" for flooding.

5. ETHNIC COMMUNITY OUTREACH
Outreach efforts to multilingual communities included advertisements in local newspapers in Spanish, Chinese, and Vietnamese and television ads in Chinese.

6. FY25 COUNTYWIDE MAILER
Effective the FY25 flood season (starting in October 2024), Valley Water no longer produced a Countywide Mailer (CWM) for flood messaging. On January 14, 2025, during Valley Water’s CRS five-year cycle visit, Valley Water informed the ISO CRS Specialist, Marlene Jacobs, about this change. We explained that in place of the CWM, Valley Water distributed two additional targeted mailers to residents and businesses located in the FEMA-designated Special Flood Hazard Area (SFHA). Both hard and soft copies of these mailers were provided to all Santa Clara County cities and the county.

The Flood Tips Postcard included all nine topic messages identified in the 2021 Multi-Jurisdictional Program for Public Information (PPI): https://s3.us-west-1.amazonaws.com/valleywater.org.us-west-1/s3fs-public/VWFlood%20Postcard-Vertical-bleed-CMYK-Outlined-Final.pdf.

Flood Trifold includes six PPI topic messages: https://online.flipbuilder.com/tkap/vbsr/ CRS Community Resources
All Santa Clara County cities and County Public Works and Planning Departments received hard copies of Valley Water’s flood protection materials: FPM, flood postcard, and flood trifold. The table below shows the number of copies requested by and provided to each community.

Public Agency
Annual Floodplain
Mailer (FPM) Postcard
Trifold
Mailed on 1/16/25 FPM mailed on 1/6/25
Postcard mailed on 11/22/24
City of Campbell 25 25 25
City of Cupertino 50 50 20
City of Gilroy 25 25 25
City of Los Altos 50 100 20
Town of Los Altos Hills 25 150 20
City of Los Gatos 25 25 20
City of Milpitas 50 25 20
ATTACHMENT 3

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City of Monte Sereno 25 25 25
City of Morgan Hill 150 50 50
City of Mountain View 25 25 20
City of Palo Alto 100 25 20
City of San Jose 50 25 25
City of Santa Clara 25 25 25
County of Santa Clara 25 25 25
City of Saratoga 25 25 25
City of Sunnyvale 25 25 20
VW CRS Program 150 300 50
During the CRS Users Group and PPI Committee Meetings on March 26, 2025, and May 14, 2025, all cities and the county were reminded to ensure their respective internet web pages and flood protection resource landing pages redirected visitors to ValleyWater.org/floodready.org, Floodsmart.gov, and Ready.gov.

Flood Protection Partner Toolkit
In mid-October 2024, Valley Water released the 'Be Flood Safe' Social Media Toolkit for the 2024-2025 Flood Awareness Outreach Partner (https://conta.cc/3AwdoXS). This toolkit was made available for download to all partnering agencies, including CRS communities. It featured digital and social media banners and animations highlighting key calls to action: know your risk, sign up for emergency alerts, and find sandbags. Additionally, the toolkit included multilingual graphics showcasing essential tips and provided an option to request co-branded bill inserts and postcards.

ATTACHMENT 3

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ATTACHMENT 3

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Valley Water HQ Lobby Displaying FY25 Flood Readiness Materials ATTACHMENT 3

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Valley Water HQ Lobby Displaying FY25 Flood Readiness Materials Valley Water FY25 Flood Awareness Campaign
See the attached National Association of Flood and Stormwater Management Agencies (NAFSMA) Excellence in Communication campaign submission.

FY 25 Flood Postcard
FY 25 Flood Trifold
Emergency
Contact Cards
FY 25 Floodplain Mailer
ATTACHMENT 3

You Live in a Flood Zone:

Beware. Be Ready. Be Flood Safe.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 1 Valley Water
NAFSMA Excellence in Communications
Award Submission:

Public Awareness of Flooding
ATTACHMENT 3

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 2 Our climate is changing. Extreme weather is the new normal.

As we have learned from flooding disasters throughout the region, it is essential to prepare for emergencies, as the weather can be unpredictable. That’s why Valley Water works year-round on capital improvement projects to reduce the risk of flooding. Our crews are also at work before, during, and after storm emergencies to keep the community safe from flooding.

For over twenty years, Valley Water has sought to educate Santa Clara County residents about existing flood risks and provide resources and tips to help residents be flood safe.

Our efforts to reduce flood risks and outreach support local partners that participate in the FEMA Community Rating
System (CRS). The CRS is a voluntary incentive program that recognizes and encourages community floodplain management practices that exceed the minimum requirements of the
National Flood Insurance Program.

These activities can earn CRS-participating communities credit to reduce National Flood Insurance Program premiums.

ATTACHMENT 3

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 3 Campaign Overview
Valley Water’s 2024-2025 Flood Awareness Campaign
effectively educated and engaged residents in Santa
Clara County about the risks of flooding, emphasizing the importance of proactive preparation and access to vital safety resources. The campaign leveraged cutting-edge technologies like digital geo-targeting and multilingual outreach, blending traditional strategies with innovative solutions to connect with communities at risk of flooding.

GOALS
AWARENESS:

Educate residents in FEMA-designated Special Flood
Hazard Areas (SFHAs) about their flood risks and mitigation strategies.

PREPAREDNESS:

Empower residents to take preventative actions, including knowing their flood risk, signing up for emergency alerts, and knowing where to find free sandbags.

ACCESS:

Provide multilingual resources and technologies to connect diverse communities with flood safety information, including the innovative Valley Water’s Surface Water Data Portal. When extreme weather strikes, residents can know if their home is at risk of flooding by visiting alert.valleywater.org for the latest information on local creeks and reservoir water levels.

ATTACHMENT 3

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 4

KEY STRATEGIES AND EXECUTION

LOCALIZED DIRECT MAIL CAMPAIGN
Distributed multilingual resources (English, Spanish, Chinese, and Vietnamese) via three targeted mailings to 49,555 properties in SFHAs.

Materials included detachable emergency phone lists, magnets with essential flood safety websites, and QR codes linking to resources like the Surface Water Data Portal.

Click here to view flood mailer.

Click here to view trifold.

Click here to view postcard.

ATTACHMENT 3

KEY STRATEGIES AND EXECUTION

DIGITAL AND GEO-TARGETED ADVERTISING
Deployed multilingual animated ads and social media videos to IP addresses in high-risk areas, encouraging sign-ups for emergency alerts and promoting flood readiness tips. Ads were coordinated with National Weather Service notifications to ensure the timely delivery of information.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 5 ATTACHMENT 3

KEY STRATEGIES AND EXECUTION

OUTDOOR ADVERTISING
Banners and bus advertisements in English, Spanish and Vietnamese were placed in flood-prone locations to maximize visibility.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 6 ATTACHMENT 3

KEY STRATEGIES AND EXECUTION

MEDIA OUTREACH
Public partnerships led to a joint press conference
emphasizing the importance of winter flood preparation.

Valley Water, the Mayor of the City of San José, and the National Weather Service urged the community to prepare for winter storms during a news conference held at a sandbag distribution center in San José. The event featured a full-size interactive sandbagging display and an emergency kit assembly table. All major local news outlets covered the news event, amplifying our preparedness messaging through print media, radio, and television.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 7 Click here to view livestream video and photos of the press conference.

ATTACHMENT 3

KEY STRATEGIES AND EXECUTION

COMMUNITY ENGAGEMENT TOOLKIT
Partnered with agencies to distribute the “Be Flood Safe” Social Media Toolkit, featuring multilingual banners, animations, and tips co-branded with local CRS communities. A toolkit was distributed to over 60 community entities in areas considered at high-risk of flooding.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 8 ATTACHMENT 3

KEY STRATEGIES AND EXECUTION

CULTURAL INCLUSIVITY
Ethnic community outreach included targeted ads in Spanish, Chinese, and Vietnamese newspapers and TV channels.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 9 ATTACHMENT 3

Innovations
The campaign leveraged geo-targeting technology to localize messaging, while the Surface Water Data Portal offered residents real-time information about creek and reservoir levels. New animations visualized flood preparedness actions in a culturally relevant and engaging manner.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 10 ATTACHMENT 3

56.5%
GOOD

13.5%
POOR

20.3%
FAIR

9.6%
UNSURE
Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 11 RESULTS AND impact
OUTREACH SUCCESS:

The campaign successfully generated 37 million impressions and 43,000 visits to valleywater.org/floodready.

Our annual post-campaign survey of 400 residents in
flood-prone areas, conducted by Probolsky Polling, found the following results:
50% of the surveyed residents recalled receiving flood safety information via mail.
59% said their home is in a flood zone or an at-risk area; this trend has continued upward from 12% in 2017,
when we first began polling.

IMPROVED PREPAREDNESS:
90% of respondents recalled some of the flood safety
tips received.
43% of poll respondents recalled where to find sandbags from the materials received.
29% recalled the call to action to sign up for emergency alerts. 70% are confident that they have taken all necessary
measures to protect themselves from the impacts of flooding.

Enrollment in flood insurance continued its upward trend, with 46% of households now insured, representing a
7% increase since 2017.

BUDGET AND RESOURCES:

Total campaign cost: $389,340 Allocated for targeted
mailings, digital advertisements, multilingual outreach, and community engagement initiatives.

COMMUNITY TRUST:
57% of respondents rated Valley Water’s flood awareness efforts as excellent or good, up from 18% in 2017.

COMMUNITY TRUST BREAKDOWN
ATTACHMENT 3

conclusion
Valley Water’s 2024-2025 Flood Awareness Campaign exemplifies innovation and inclusivity in public communication.

By combining technology, cultural outreach, and community partnership, the campaign not only achieved its objectives but also strengthened public confidence in flood preparedness measures.

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 12 ATTACHMENT 3

Valley Water • NAFSMA Excellence in Communications Award Submission • Public Awareness of Flooding • 13 Thank you!
2025 NAFSMA Excellence in Communications Award
Public Awareness of Flooding
You Live in a Flood Zone: Beware. Be Ready. Be Flood Safe.

ATTACHMENT 3

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Agenda Meeting
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 26, 2025 | 2:00 p.m. – 4:00 p.m.

Join Zoom Meeting
https://valleywater.zoom.us/j/83878517112?pwd=RRgdezW5EH1a2RaEi5zi6Gj1ZaNLtH.1 Meeting ID: 838 7851 7112|Passcode: 623213 | +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 FY25 (Year 4: July 2024 to June 2025) Section Meeting Topic Presenter Time

1. Introductions Amy Fonseca 10 min

2. Review of the meeting goals and agenda (see page 2) Amy Fonseca 2 min

3. Annual review of CRS Communities Roster (Google Link) Amy Fonseca 2 min

4. Brief status update on the CRS Regionalization in Santa Clara County Feasibility Study
• The County’s 2023 Multi-Jurisdictional Hazard Mitigation Plan resulted in FMP credits (Therefore, the flood-centric FMP effort was discontinued). • Update on Valley Water CRS Program Amy Fonseca 5 min

5. Review 2021 PPI ‘Other New Initiatives’ (see page 2) Amy Fonseca 20 min

6. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report for FY25 (Year 4: July 2024 to June 2025)
Update the FY25 Project Accomplishments column for your community (Google Link)
• Communities’ updates due by next CRS Users Group Meeting or no later than May 30, 2025
Rene Moreno 45 min

7. Activity 350 – Flood Protection Information, c. flood protection website (WEB) (page 350-7)
The community must:
1) The community must check the website’s links at least monthly, and fix those that are no longer accurate.
2) At least annually, the community must review the content to ensure it is still current and pertinent (e.g., make sure names, addresses, phone numbers, and other contact information are still correct; update any ordinance changes; etc.)
Amy Fonseca 2 min

8. Next meeting (TBD, May 2025) – Joint CRS Users Group/Program for Public Information (PPI) Committee meeting • Complete the development of the 2021 PPI Annual Report Year 4 (FY 2025)
Amy Fonseca 2 min

9. Adjourn
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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.”
Excerpt from the 2021 Multi-Jurisdictional PPI:

For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
ATTACHMENT 4

Name Community
Jennifer Chu City of Cupertino
Jorge Duran City of Gilroy
Chris Wilson City of Los Altos External Stakeholder
Harun Musaefendic City of Los Altos
Vency Woo City of Los Altos
Arthur Valderrama City of Milpitas
Elizabeth Koo City of Milpitas
Jeremy Wu City of Milpitas
Maria Angeles City of Morgan Hill
Lauren Cody City of Mountain View
Renee Gunn City of Mountain View
Rajeev Hada City of Palo Alto
Vicki Thai City of Palo Alto
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
Darrell Wong Santa Clara County
David Dorcich Santa Clara County
Arlene Lew City of San Jose
Vivian Tom City of San Jose
Gina Newbold City of Sunnyvale
Tamara Davis City of Sunnyvale
Amy Fonseca Valley Water
Emily Zedler Valley Water
Kristen Yasukawa Valley Water
Merna Leal Valley Water
Rene Moreno Valley Water
Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
March 26, 2025 | 2:00 - 4:00pm | Zoom
ATTACHMENT 5

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The meeting notes correspond with the discussion of the meeting agenda items.

Agenda Meeting
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting Notes
March 26, 2025 | 2:00 pm – 4:00 pm
Item #1: Introductions/ Roll Call/ Roster Updates
Attendees were introduced (see attached attendance sheet). Informed committee that the meeting was being recorded for meeting minutes and will also be used to track attendance. ______________________________________________________________________________ Item #2: Review of the Meeting Goals and Agenda
• The main objectives of the meeting are as follows:
o Fulfill the requirements for CRS PPI credit as per the CRS Coordinator’s Manual by initiating the reporting process of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report (AER) for FY25 (Year 4: July 2024 to June 2025). Due to the 8/2/25 annual recertification deadline, when the AER is due, the deadline for communities to submit their updates to the AER is May 30, 2025.
o Review the status of the outreach initiatives listed in the 2021 PPI. o Brief status update on the CRS Regionalization in SC County • County’s 2023 Multi-jurisdictional Hazard Mitigation Plan. • Update on Valley Water’s CRS Program
• Reviewed pending “Action Items” from the committee’s 2024 meetings.

Items from March 26, 2024, and/or May 29, 2024
o Agenda Item #3 – Annual Review of CRS Communities Roster – Reminder to update the CRS community roster.
o Agenda Item #5: Floodplain Management Plan (FMP) Update – Valley Water met with Emily Zedler to discuss hotspots. Based on the conversation, there was no specific outreach to hotspots because they differ based on agency.

Valley Water has an online resource tool, a GIS layer, that communities can use to conduct targeted outreach.
 Map of Valley Water’s FIT (Field Information Team) hotspots:
https://tinyurl.com/scvwdfit
o Agenda Item #6: Review 2021 PPI “Other New Initiatives” – Initiative #2: Identify the Chamber of Commerce or equivalent in each city and find ways to share information via websites, blogs, and newsletters. Due to Valley Water and our largest community, San Jose, being cycled in 2024, we could not follow up on this action item. This initiative may be reconsidered next PPI update. Initiative #4: Expand outreach to "hot spot" flood-prone areas by hosting on-site or virtual events. Based on targeted outreach efforts utilizing hotspot information, this initiative is complete.

ATTACHMENT 6

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The meeting notes correspond with the discussion of the meeting agenda items. o Agenda Item # 8: Activity 350 – Flood Protection, c. flood protection website – Check links and ensure links direct to 1) valleywater.org/floodready, 2) floodsmart.gov, and 3) ready.gov. to ensure agencies receive CRS WEB credit.
______________________________________________________________________________ Item #3: Annual Review of CRS Communities Roster
Action Item:

Requested communities review and update the roster located here:
https://docs.google.com/spreadsheets/d/1ttp_t7c6-XXCfQ5urxqRJ-GxZDZ0jG6g/edit#gid=1135493871 ______________________________________________________________________________ Item #4: Brief Status Update on the CRS Regionalization in Santa Clara County Feasibility Study
Valley Water and its consultant, Tetra Tech, have completed the regionalization feasibility study.

However, Valley Water has decided not to pursue a regionalization approach because it would not be possible to regionalize the entire program. We are looking for other ways to streamline our program while continuing to assist CRS communities.

Reminded all communities to use the county’s 2023 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) when pursuing Activity 510, Floodplain Management Planning (FMP) credit. Everyone was encouraged to stay updated on the county’s MJHMP. It is essential to remind the County that CRS communities receive FMP for their 2023 MJHMP, and to maintain those credits, floodplain management, and CRS planning must be conducted in parallel.

Valley Water is no longer pursuing the multi-jurisdictional flood-centric plan we were considering for FMP credit.

Valley Water shared an update on our CRS Program. Like everybody else, we are constrained by resources and want to ensure we use our time and resources effectively. So, we are looking at ways to right-size our program and identify opportunities to improve it and make it more efficient. Due to this program evaluation, we will communicate if potential impacts are anticipated to any community. ______________________________________________________________________________ Item #5: Review 2021 PPI ‘Other New Initiatives’ Identified in the 2021 PPI These initiatives were suggested to be re-evaluated as part of the next PPI update to include only realistic initiatives to reduce the reporting requirements. As part of the update, the committee can discuss how best to word the initiatives to allow flexibility and creativity without being locked into specific commitments.

These initiatives do not improve our Activity 330 scores since most communities are already maxed out on the activity.

ATTACHMENT 6

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The meeting notes correspond with the discussion of the meeting agenda items.

From page 66 of the 2021 PPI

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E. Completed in FY25

2. Expand partnerships with local chambers of commerce to disseminate and share flood preparedness information. This was discussed at the March 26, 2025, meeting. We may reconsider this initiative as part of the PPI update in 2026.

3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas. Identified an existing nexus with Valley Water’s Office of Civic Engagement (OCE), Office of Racial Equity, Diversity & Inclusion (REDI), and Office of Government Relations (OGR) programming, of which information share flood preparedness materials at various tabling events.

4. Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events. Provided link to Valley Water’s GIS Map of the Field Information Team (FIT) hotspots https://tinyurl.com/scvwdfit

5. Expand on reaching local homeowners associations (HOA) and apartment associations (e.g., Executive Council of Homeowners [ECHO]). This is too large a task to be carried out at this time.

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) Identified an existing nexus with Valley Water’s Office of Civic Engagement (OCE), Office of Racial Equity, Diversity & Inclusion (REDI), and Office of Government Relations (OGR) programs, which make every effort to reach out to marginal and low-income communities.

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas. Only a handful of CRS-participating communities in SC County have repetitive losses; this committee does not track whether these communities pursue grant funding opportunities.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370). Valley Water’s January 2025 5-year cycle visit could potentially score additional points under Flood Protection Assistance. We will inform communities accordingly.

9. Develop a regionwide Flood Response Program messaging plan. Achieved by the County’s 2023 MJHMP.
______________________________________________________________________________ Item #6: Complete Development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 25 (Year 4: July 2024 to June 2025) Action Item:

Deadline – May 30, 2025: Using this Google Link, each community was requested to search (under the ‘Project(s) Proposed to Support the Messages’ column, search by using their community’s abbreviation) for their Outreach Project identified in Appendix A - CRS Creditable Outreach and Flood Response Projects by CRS Community, from Santa Clara County Multi-Jurisdictional PPI 2021, and update their community’s FY25 project accomplished.

All were reminded that no other information can be modified outside the INPUT HERE ONLY column.

This was the information in the 2021 PPI that was presented and adopted. Any changes to outreach project descriptions should be reflected in the INPUT HERE ONLY column.

ATTACHMENT 6

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Timeline for Sharing the Annual Evaluation Report with Governing Bodies:
− June 2025: Valley Water will share with its Board of Directors through non-agenda and provide communities with the final copy as presented to Valley Water’s Board. − July 2025: Communities share with their respective governing bodies as identified in the Final AER, Table 2. How the 2021 PPI FY25 Annual Evaluation Report, Year 4 will be shared with the Community’s Governing Body.
− August 2025: Final AER with a copy of the method shared with the governing body due to the Insurance Services Office (ISO).
______________________________________________________________________________ Item #7: Activity 350 – Flood Protection Information, c. flood protection website Reminded communities that their respective flood protection resource landing pages should redirect to floodsmart.gov, ready.gov, and valleywater.org/floodready.

Per the CRS Coordinator’s Manual (page 350-7), the community must:
1) The community must check the website’s links monthly and fix those that are no longer accurate. 2) At least annually, the community must review the content to ensure it is current and pertinent (e.g., correct names, addresses, phone numbers, and other contact information; update any ordinance changes, etc.).
______________________________________________________________________________ Agenda Item #8: Next Meeting
Valley Water will share the 2024/2025 Get Flood Ready Campaign results and our FloodReady website redesign will be discussed at the May meeting.

Look for a Doodle Poll for May’s meeting.

ATTACHMENT 6

Agenda Meeting
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 14, 2025 | 3:00 pm – 5:00 pm
Join Zoom Meeting
https://valleywater.zoom.us/j/84803455188?pwd=c86WQRUGeU81AdSvaPzvNbWfgJUgiI.1 Meeting ID: 848 0345 5188 | Passcode: 044497 | +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, FY25 Year 4 of 5 Item Meeting Topic Presenter Time

1. Introductions
Roll Call / Roster Updates
Amy Fonseca 10 min

2. Review of the Meeting Goals and Agenda
Review pending Action Items from this committee’s 3/26/25 meeting (see attached)
Amy Fonseca 10 min

3. Flood Awareness Survey 2025 Results Presentation
 FY25 Flood Awareness Campaign Results
 The launch of Valley Water’s FY26 Annual Flood Awareness Campaign kicks off in October 2025.

Adam Probolsky
Paola Reyes
15 min
10 min

4. Valley Water Website Re-design: FloodReady landing page Meghan Azralon 15 min

5. Information Share: The 14th Annual California Flood Preparedness Week (CFPW) will be held from October 18-25, 2025
The state’s collaboration site has last year’s messaging, graphics, risk communication tools, and ideas about events:
https://sites.google.com/view/cfpw/home
Amy Fonseca 5 min

6. Complete Development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, FY25 (Year 4: July 2024 to June 2025)  Update the FY25 Project Accomplishments column for your community Google Link NOTE: Update Input Here Only column; Do Not edit anything else
 Communities’ updates are due by next CRS Users Group/PPI Meeting or by the DEADLINE no later than May 30, 2025 (Friday)
Rene Moreno 20 min

7. Valley Water CRS Program Updates Amy Fonseca 10 min

8. Other Items 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 7

Pending Action Items from the
3/26/25 CRS Users Group / PPI Committee Meeting
Item #3: Annual Review of CRS Communities Roster
Action Item:

Requested communities review and update the roster located here:
https://docs.google.com/spreadsheets/d/1ttp_t7c6-XXCfQ5urxqRJ-GxZDZ0jG6g/edit#gid=1135493871 Item #6: Complete Development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 25 (Year 4: July 2024 to June 2025) Action Item:

Deadline – May 30, 2025: Using this Google Link, each community was requested to search (under the ‘Project(s) Proposed to Support the Messages’ column, search by using their community’s abbreviation) for their Outreach Project identified in Appendix A - CRS Creditable Outreach and Flood Response Projects by CRS Community, from Santa Clara County Multi-Jurisdictional PPI 2021, and update their community’s FY25 project accomplished.

All were reminded that no other information can be modified outside the INPUT HERE ONLY column. This was the information in the 2021 PPI that was presented and adopted. Any changes to outreach project descriptions should be reflected in the INPUT HERE ONLY column.

Timeline for Sharing the Annual Evaluation Report with Governing Bodies:
− June 2025: Valley Water will share with its Board of Directors through non-agenda and provide communities with the final copy as presented to Valley Water’s Board. − July 2025: Communities share with their respective governing bodies as identified in the Final AER, Table 2.

How the 2021 PPI FY25 Annual Evaluation Report, Year 4 will be shared with the Community’s Governing Body. − August 2025: Final AER with a copy of the method shared with the governing body due to the Insurance Services Office (ISO).

ATTACHMENT 7

Name Community
Jennifer Chu City of Cupertino
Jorge Duran City of Gilroy
Harun Musaefendic City of Los Altos
Vency Woo City of Los Altos
Jeremy Wu City of Milpitas
Elizabeth Koo City of Milpitas
Jeremy Wu City of Milpitas
Maria Angeles City of Morgan Hill
Lauren Cody City of Mountain View
Renee Gunn City of Mountain View
Rajeev Hada City of Palo Alto
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
Darrell Wong Santa Clara County
David Dorcich Santa Clara County
Vivian Tom City of San Jose
Gina Newbold City of Sunnyvale
Tamara Davis City of Sunnyvale
Amy Fonseca Valley Water
Emily Zedler Valley Water
Kristen Yasukawa Valley Water
Liang Xu Valley Water
Merna Leal Valley Water
Rene Moreno Valley Water
Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
May 14, 2025 | 3:00 - 5:00pm | Zoom
ATTACHMENT 8

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The meeting notes correspond with the discussion of the meeting agenda items.

Agenda Meeting
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting Notes
May 14, 2025 | 3:00 pm – 5:00 pm
Item #1: Introductions/ Roll Call/ Roster Updates
Attendees were introduced (see the attached attendance sheet) and informed that the meeting was being recorded to create meeting minutes and track attendance.

Amy Fonseca reminded the group to update the CRS Users Group roster if they haven’t already done so. ______________________________________________________________________________ Item #2: Review of the Meeting Goals and Agenda
 The main objective of the meeting is as follows:
o Fulfill the requirements for CRS PPI credit as per the CRS Coordinator’s Manual by initiating the reporting process of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report (AER) for FY25 (Year 4: July 2024 to June 2025).  Reviewed pending “Action Items” from the committee’s March 26, 2025, meeting.

Item #3: Annual Review of CRS Communities Roster
Action Item:

Requested communities review and update the roster located here:
https://docs.google.com/spreadsheets/d/1ttp_t7c6-XXCfQ5urxqRJGxZDZ0jG6g/edit#gid=1135493871 Item #6: Complete Development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 25 (Year 4: July 2024 to June 2025) Action Item:

See details on Item #6 of the 5/14/25 Meeting Agenda
______________________________________________________________________________ Item #3: Flood Awareness Survey 2025 Results Presentation  FY25 Flood Awareness Campaign Results
− Paola Reyes (Valley Water, Public Information Representative) reviewed the FY25 Flood Awareness Campaign results. The group was informed that this information will be in the 2021 PPI Annual Evaluation Report for FY25.
− Campaign goals were flood awareness, flood preparedness, and access.

ATTACHMENT 9

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The meeting notes correspond with the discussion of the meeting agenda items. o Awareness: Educate FEMA-designated Special Flood Hazard Areas (SFHAs) residents and businesses about their flood risks and mitigation strategies. o Preparedness: Empower residents to take preventative actions, including knowing their flood risk, signing up for emergency alerts, and knowing where to find free sandbags.
o Access: Provide multilingual resources and technologies to connect diverse communities with flood safety information, including the innovative Valley Water’s Surface Water Data Portal. When extreme weather strikes, residents can know if their home is at risk of flooding by visiting alert.valleywater.org for the latest information on local creeks and reservoir water levels. − Adam Probolsky gave a presentation overviewing the FY25 Flood Awareness Survey results. The group was informed that the FY25 flood awareness campaign results are available upon request and were asked to contact any member of Valley Water's CRS Program Team.
 The launch of Valley Water’s FY26 Annual Flood Awareness Campaign kicks off in October 2025
Paola Reyes shared that we reduced the number of mailers sent to those in the FEMAdesignated Special Flood Hazard Area from four to three. As indicated in the flood survey results, the number of people recalling the mailers slightly decreased, so we may consider using a fourth mailer in the future.

She also shared that as the FY26 campaign is being developed, the idea is to focus on the following three topics: 1) Turn around, don’t drown; understanding shallow flooding; 2) How to prepare sandbags; and 3) Downloading disaster emergency apps.

Paola shared Valley Water’s Communications’ creative approach for next year’s campaign.

Renee Gunn from the City of Mountain View mentioned that at their tabling events, it’s been more effective to focus on emergency preparedness rather than specifically on flood preparedness. That seemed to resonate more with people, as emergency preparedness for all disasters, including floods, earthquakes, mudslides, power outages, etc., affects everyone, but flooding specifically, not necessarily.

Merna Leal mentioned that the timeline graphic of historical floods after drought seemed to really impact people at tabling events in which Valley Water has participated.

The suggestion is to continue updating the timeline graphic, making it available on Valley Water’s website, and sharing it with the cities and counties for their websites. ______________________________________________________________________________ ATTACHMENT 9

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Item #4: Valley Water Website Re-design: FloodReady landing page  Megan Azralon (Valley Water, Public Information Representative) provided an update on the Valley Water website redesign, highlighting upcoming improvements to make flood and emergency information easier to find. She shared a preview of the new homepage layout.

Key features include a reorganized menu, customizable highlight sections, quick links, an interactive map for sandbag locations and flood alerts, and integration of campaign visuals.

The updated design will improve accessibility and user experience, with full language translation support. Feedback on layout and content is welcome.

Action Item:

Provide feedback on Valley Water’s website redesign to [email protected]. ______________________________________________________________________________ Item #5: Information Share: The 14th Annual California Flood Preparedness Week (CFPW) will be held from October 18-25, 2025
Attendees were reminded of the state’s collaboration site for the upcoming flood season’s CFPW. The state’s website has last year’s messaging, graphics, risk communication tools, and ideas about events:
https://sites.google.com/view/cfpw/home and https://water.ca.gov/Flood-Prep-Week We discussed the importance of communities participating in the state-led CFPW effort as agencies throughout the state participate and share information on invaluable available resources. This is of great importance given that beginning in FY2, Valley Water will likely no longer provide the cities/county with flood readiness promotional/giveaway items. Materials from Valley Water’s annual flood awareness campaign will continue to be made available to the cities/counties.

Action Item:

Contact the California Department of Water Resources with questions about CFPW and/or to request that your agency be added to the state’s distribution list.  Nikki Blomquist, Program Coordinator: [email protected]  Jason Ince, Public Affairs: [email protected]
______________________________________________________________________________ Item #6: Complete Development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 25 (Year 4: July 2024 to June 2025) Deadline – May 30, 2025: Using this Google Link, each community was requested to search (under the ‘Project(s) Proposed to Support the Messages’ column, search by using their community’s abbreviation) for their Outreach Project identified in Appendix A - CRS Creditable Outreach and Flood Response Projects by CRS Community, from Santa Clara County Multi-Jurisdictional PPI 2021, and update their community’s FY25 project accomplished.

All were reminded that no other information can be modified outside the INPUT HERE ONLY column.

This was the information in the 2021 PPI that was presented and adopted. Any changes to outreach project descriptions should be reflected in the INPUT HERE ONLY column.

ATTACHMENT 9

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The meeting notes correspond with the discussion of the meeting agenda items.

Timeline for Sharing the Annual Evaluation Report with Governing Bodies:
− June 2025: Valley Water will share with its Board of Directors through non-agenda and provide communities with the final copy as presented to Valley Water’s Board. − July 2025: Communities share with their respective governing bodies as identified in the Final AER, Table 2. How the 2021 PPI FY25 Annual Evaluation Report, Year 4 will be shared with the Community’s Governing Body.
− August 2025: Final AER with a copy of the method shared with the governing body due to the Insurance Services Office (ISO).

Action Item:

Submit your agency’s updates of CRS Creditable Outreach and Flood Response Projects by CRS Community (Appendix A of the 2021 Multi-Jurisdictional Program for Public Information [PPI]) no later than, Friday, May 30, 2025.
______________________________________________________________________________ Item #7: Valley Water CRS Program Updates
 Valley Water has led CRS as a ‘fictitious community’ since 1998. o Federal changes, rising workload, and limited resources have made this voluntary role unsustainable.
 Valley Water is looking into transitioning to a supportive partner role (not a direct participant). o Working with a consultant to determine the transition plan and details.  Impact on CRS Communities
o Cities would work directly with FEMA/ISO for CRS administration and technical support.  Continued Valley Water Support:
o Channel maintenance docs (Activity 540)
o Documentation for Valley Water CRS-creditable activities upon request o Lead PPI through April 2026
 Post-2026 Valley Water may no longer participate in PPI for CRS purposes but would continue with our annual flood prep campaign, which could still be eligible for CRS credit.  Cities would need to determine how they would like to manage their own/multijurisdictional PPI and credit verification.  Valley Water is also looking to amend the consultant’s contract to help CRS communities with the transition.
 We are open to feedback; email or call Amy with questions or concerns.  Formal notice will be sent to the cities once decisions are made, and the transition plan is ready.

ATTACHMENT 9

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Action Item:

Send any comments/concerns to [email protected] and copy [email protected] and [email protected].
______________________________________________________________________________ Item 8: Activity 350 – Flood Protection Information, c. flood protection website Reminded communities that their respective flood protection resource landing pages should redirect to floodsmart.gov, ready.gov, and valleywater.org/floodready.

Per the CRS Coordinator’s Manual (page 350-7), the community must:
1) The community must check the website’s links monthly and fix those that are no longer accurate. 2) At least annually, the community must review the content to ensure it is current and pertinent (e.g., correct names, addresses, phone numbers, and other contact information; update any ordinance changes, etc.).

Action Item:

Each agency is requested to review/update their organization’s flood protection resources landing pages as indicated above.
______________________________________________________________________________ Item #9: Other Items
Internal change to Valley Water’s CRS Program; transferring from Office of Civic Engagement to Watersheds.

ATTACHMENT 9

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2022-03, The Cottages - Tract 10582
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Safe and Affordable Housing for All

RECOMMENDATION
Approve the Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2022-03, The Cottages Development - Tract 10582.

EXECUTIVE SUMMARY
Approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2022-03, The Cottages Development - Tract 10582. On and off-site improvements have been completed and the Developer is seeking reduction in the performance bonds per Gilroy City Code.

BACKGROUND
In August 16, 2021, D.R. Horton Bay, Inc. (Developer), received Tentative Map approval for The Cottages residential project, to create 29 single-family residential lots located on 9160 Kern Ave. [Reference: Resolution No. 2021-46, TM 20-06]. The approvals were to construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.

On September 19, 2022, D.R. Horton Bay, Inc. received Council approval of the Tract 10582 Final Map and the Property Improvement Agreement 2022-03 for the development of the site and related Public Improvements for The Cottages subdivision.

The developer has paid plan check and inspection fees and submitted bonding and insurance for the above-referenced Property Improvement Agreement and Tract Map.

ANALYSIS
Chapter 21, Article III, Section 21.81 of the Gilroy City Code allows the City Council to authorize a reduction in the payment and performance bonds that the builder provided prior to the Property Improvement Agreements being accepted by Council. The amount of the bond reduction is consistent with the amount of work completed at the time of the request. A Maintenance Bond in the amount of 10% of the construction cost ensures that defective or damaged improvements will be corrected during the one-year maintenance warranty period. The project’s actual improvement costs have been reviewed to ensure that the Maintenance Security amount covers any anticipated issue with the installed improvements.

The developer, D.R. Horton Bay, Inc, requests a reduction of Tract 10582 Faithful Performance and Payment Bonds to a Maintenance Bond. This Maintenance Bond is 10% of the bond’s value for the Tract improvements bond, reducing it for Tract 10582 from the original $1,874,275 to $187,427. The original security provided for 100% of the estimated construction cost and payment for tract improvements, which consist of new streets, grading, curb, gutter, sidewalk, utilities, landscape, electrical lighting, utility storm, water, and sewer.

The project is fully complete, and the Notice of Completion document is ready for acceptance and recordation with Santa Clara County. Attachment 3 contains the Notice of Completion.

ALTERNATIVES
Council may deny the request to approve the Notice of Acceptance and reduction of bonds. However, the developer has completed all improvements per the approved Property Improvement Agreement No. 2022-03. Staff does not recommend this alternative as it will impose unnecessary delay for the site’s development.

FISCAL IMPACT/FUNDING SOURCE
There is no net impact to the General Fund. The developer has paid plan check and inspection fees and submitted bonding and insurance for the above-referenced Property Improvement Agreement and Tract Map. The Faithful Performance and Payment Bonds held as security would be reduced from the original $1,874,275 to $187,427.

PUBLIC OUTREACH

NEXT STEPS
Attachments:

1. Fig 1 Vicinity Map

2. Fig 2 Cottages NOC

3. Fig 3 Cottages PIA

SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY:

City of Gilroy
WHEN RECORDED MAIL TO:

Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020

NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the .

Project No.: Property Improvement Agreement No. 2022-03, The Cottages Tract 10582 Contractor Name: D.R. Horton Bay, Inc.,
Contractor Address:

Surety on Contract:

Location of Project: Tract 10582, The Cottages
Description of Work: Tract Improvements
Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; x Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems
Owner's Name: City of Gilroy
Work Done: New streets and utilities including, grading, paving, sidewalks, joint trench, lighting, landscape, storm, sewer, and water._____________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California.

The undersigned declares:

That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true.

I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on June 2, 2025.

CITY OF GILROY

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA BY
Jorge Duran
TITLE Land Development Engineer.

This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.

SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)

NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 2022-03
PROJECT NAME - Tract 10582, The Cottages
DEVELOPER NAME : D.R. Horton Bay, Inc.,

Exhibit B -

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Final Map and Property Improvement Agreement No. 2025-02 for Royal Way Development, Tract 10634
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Safe and Affordable Housing for All

RECOMMENDATION
Approve the Final Map and Property Improvement Agreement No. 2025-02 for Royal Way Development, Tract 10634, APN's 799-44-093, -094, -095, -096, -097, -098, -101, - 109, and -110.

EXECUTIVE SUMMARY
Lennar Homes of California, LLC acquired Tentative Map (TM 21-04), a 45-unit townhome project located at the terminus of Royal Way. The owner has completed the design of all on-site improvements, and the City's contract land surveyor has approved the off-site improvements and the final map. A Project Improvement Agreement (PIA) has been prepared, and the required performance sureties have been submitted.

It is recommended that the City Council approve the PIA and Final Map for Tract No. 10634.

BACKGROUND
On November 21, 2022, the City Council of the City of Gilroy approved tentative map TM 21-04, granting Michael Cady, Third Millennium Partners, and property owner Paul Sanders, TMP Royal Way, LLC to develop an approximate 3.37 acre site into 45 townhomes and associated private streets that will be maintained by the Homeowners’

Association on property located East of Gilroy High School, between Royal Way and the Uvas Creek Trail (APN#799-44-093, -094, -095, -096, -097, -098, -101, -109, and -110), [Reference: Resolution No. 2022-87, TM 21-04].

The property has been purchased and is now owned by Lennar Homes of California, LLC, a California limited liability company.

ANALYSIS
Lennar Homes of California, LLC is requesting approval of Tract 10634, Royal Way Final Map, and entering into a Property Improvement Agreement with the City for the construction of Public Improvements, including: paving, curb, gutter, driveways, sidewalk, landscape, lighting, storm drain, water, sewer, and necessary utility extension and connection to serve the development. As part of the Property Improvement Agreement, the Developer is required to provide Faithful Performance and Payment bonds of $3,301,000 for 100% of the estimated construction cost of the improvements.

Staff have reviewed the Tract 10634 Final Map and determined that the Map is ready for recording with Santa Clara County, once approved by the City Council.

ALTERNATIVES
Council may deny the request and let the Tentative Map expire. STAFF DOES NOT RECOMMEND THIS ALTERNATIVE because it will impose unnecessary delay for the development of the site and will require the developer to process a new Tentative Map for City approval.

FISCAL IMPACT/FUNDING SOURCE
There is no net impact on the General Fund. Plan check and inspection fees have been collected to cover the costs associated with this action. The developer has submitted bonding and insurance for the above-referenced Property Improvement Agreement and Final Map. All the above-required improvements are part of the developer’s responsibility, and the City will reimburse the developer for the upsizing of the water line, estimated at $31,365, to be paid for by the Water Development Impact Fund (435).

PUBLIC OUTREACH

NEXT STEPS

Attachments:

1. Exhibit A - Vicinity Map

2. Exhibit B - PIA

3. Exhibit C - Parcel Map

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RECORDING REQUESTED BY:

City of Gilroy
WHEN RECORDED, MAIL TO:

City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
Property Improvement Agreement No. 2025-02
ROYAL WAY – Tract 10634
APNs: 799-44-093, 94, 95, 96, 97, 98, 101, 109, 110
Lennar Homes of California, LLC, a California limited
liability company

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PROPERTY IMPROVEMENT AGREEMENT

RESIDENTIAL

AGREEMENT FOR IMPROVEMENT OF STREETS AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. 2025-02
This Property Improvement Agreement (“Agreement”) is made and entered into this ____ day of ______, 2025, by and between the City of Gilroy, a municipal corporation, herein called the “City,” and Lennar Homes of California, LLC, a California limited liability company, herein called the “Owner” / ”Developer.”
WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: ROYAL WAY, APN: 799-44-093, 94, 95, 96, 97, 98, 101, 109, 110, a legal description of which is attached hereto and incorporated herein as Exhibit “A” (the “Property”), and as described in the project improvement plans entitled ROYAL WAY TOWNHOMES IMPROVEMENT PLANS shown as Exhibit B.

WHEREAS, the Owner is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement.

NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows:

SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code.

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SECTION 2
The Developer agrees:
a. To comply with every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code to the extent applicable to performance of the work under this Agreement. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public coning and prevailing wage laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and/or sewer lines in or to said Property may be extended as shown on Exhibit B. c. To indemnify, defend with counsel of City’s choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys’ fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) to the extent arising or resulting directly or indirectly from any act or omission of Developer or Developer’s contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property.
d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer (improvements) shall furnish two good and sufficient bonds, a Payment Bond on a form provided by theCity and a Faithful PerformanceBond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond.

The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten

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percent (10%) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year maintenance period.

The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance’s website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety’s certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted.

Upon request of Developer, in lieu of the Performance Bond and/or Payment Bond, the Public Works Director may approve a performance security and/or payment security in a form acceptable to the Public Works Director and authorized by the Subdivision Map Act Section 66499 such as a letter of credit.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule.
f. At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars ($1,000,000), combined single limit for both bodily injury and property damage; (b) workers’ compensation insurance as required by law; and (c) broad form “Builder’s Risk” property damage insurance with limits of notlessthan 100%ofthe estimated value ofthe improvementsto be constructed by Developer pursuant to this Agreement.

All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and

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shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer’s contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company’s certificate evidencing the required coverage, or if required by City a copy of the policies obtained.

SECTION 3
That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City’s satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer’s sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property.

The Public Works Director may extend the time of performance upon Developer providing a showing of good cause.

SECTION 4
That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer.

SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 30 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Owner named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fee owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement during each owner’s period of ownership.

SECTION 6

1. That the following generalstipulationsshall be completed subject to the approval of the Public Works Director/CityEngineer.

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2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2022-87 (TM 21-04 approval).

3. All work within the public right-of-way shall be subject to the approval of the City Engineer.

4. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with City Standards and Development Plans and shall follow the most current City Master plan for streets and each utility.

5. The Developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.

This condition is imposed pursuant to California Government Code Section 66474.9.

6. The City shall be notified at least four (6) weeks prior to the start of any construction work and at that time the developer shall provide a project schedule and a 24-hour emergency telephone number list.

7. At least three weeks prior to commencement of work, the Developer shall post the site and mail to owners of property within (500’) five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

8. If the Developer proposes to phase construction with building occupancy, the Developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units.

9. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.

NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.

10. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic.

11. The Developer shall be responsible for completing the improvements. Improvement plan design shall be finalized prior to the first building plot plan permit issuance. Improvements shall be constructed prior to the last building occupancy.

12. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties.

13. Before construction utilizing combustible materials may proceed, an all-weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place.

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Location of the fire hydrants will be determined by the Fire Chief.

14. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits.
(a) Upon request by the City Engineer, the Developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction.

15. Joint Trench Plans shall be approved and included with the complete set of improvement plans.

Should there be a delay in obtaining the PG&E- approved joint trench plans the Developer will be allowed to commence joint trench work “at-risk” only with the approval of the City Engineer. The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at-risk work completed without PG&E- approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer.

16. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC]

17. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer.

18. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V]

19. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondaysthrough Fridays. Saturday work will be allowed only with approval by the City Engineer. Saturday work shall be from 9:00 a.m. to 7:00 p.m and only with approval by the City Engineer and if City inspection services are available. Saturday work, if approved, will also require additional inspection overtime fees. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

20. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the Developer/contractor. This shall include slurry seal, overlay, street reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer.

21. This project is subject to post-construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code.

22. Storm water BMP Operation and Maintenance Agreement

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(a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the Developer(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with theCity. TheCity shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. (b) This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. (c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.
(d) All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners’ or homeowners’ association or other legal entity approved by the City. (e) Any repairs or restoration/replacement and maintenance shall be in accordance with Cityapproved plans. (f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

23. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
(a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. (b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.

24. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report.

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25. In accordance with the California Professional Land Surveyors’ Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the Developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the Developer’s sole expense.

26. Bonding as required by section 2.d of this agreement will be accepted for the proposed improvements for an amount of $3,301,000 ($391,000.00 for Public Improvements and $2,910,000.00 for Private Improvements) as shown on the attached Cost Estimate spreadsheet.

27. If there are any reimbursements payable to the Owner, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Owner named in this agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City’s reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City’s Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City’s reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer’s reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance.

28. Reimbursements. Per Section 6, item 30 above, reimbursement, if any, shall be made to the original Owner named in this agreement.

29. Reimbursements: 1) City will reimburse the developer a sum of $31,365.00 for the materials cost in upsizing 615 ft of 8 inch water line to 12 inch water line.

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SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.

1. TOTAL AMOUNT DUE CITY $ 0.00 (paid $269,352.29 on 5/23/25)

CITY OF GILROY DEVELOPER
Lennar Homes of California, LLC,
a California limited liability company
By:

Jimmy Forbis
By: ______________________________
Date: __________________________________ Name: _______________________________ Title: _______________________________
Date: _______________________________
ATTEST:

Bryce Atkins, Acting City Clerk
APPROVED AS TO FORM:

Andrew L. Faber, City Attorney
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above.

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Exhibit A – Legal Description
Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows:

PARCEL ONE:

All of Lots 59, 60, 61, and 71, as shown upon that certain Map entitled, Tract No. 6251, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 11, 1978, in Book 424 of Maps, at Pages 35 and 36 and as amended by a Certificate of Correction recorded June 29, 1987, in Book K205, Page 914, under Recorder's Serial Number 9332567, Official Records.

APN: 799-44-094, 799-44-095, 799-44-096 and 799-44-097
PARCEL TWO:

A portion of Lot 8 and all of Lot 58 as shown on a Map of Tract Number 6251 in the City of Gilroy, recorded in Book 424 of Maps, Pages 35 and 36, Santa Clara County, California Records, more particularly described as follows:

Beginning at a point on the right of way of Royal Way on the common line between Lots 57 and 58 as shown on said Map; thence along said common line South 47° 08' 26" East, 111.65 feet; thence leaving said common line South 33° 48' 43" West, 34.22 feet and South 13° 38' 42" West, 42.79 feet; thence along the line common with lands of A. Filice and Lot 8 as shown on said Map, North 19° 04' 03" West, 18.50 feet; thence North 78° 30' 44" West 65.17 feet; thence along the common line of Lots 58 and 59 as shown on said Map, North 11° 01' 22" West, 101.46 feet to said right of way of Royal Way, a 50.00 foot radius curve; thence from a tangent bearing of North 90° 00' East, along the arc of a 50.00 foot radius curve to the left, through a central angle of 47° 08' 26" and arc length of 41.14 feet to the point of beginning.

APN: 799-44-098 and 799-44-101
PARCEL THREE:

Portion of Lots 1 and 2 of Subdivision of Lot 3, as shown upon that certain Map entitled, Massey Thomas Subdivision, which Map was file for record in the Office of the Recorder of County of Santa Clara, State of California, on May 31, 1905, in Book F2 of Maps, at Page 36, described as follows:

Beginning at the Northwesterly corner of Lot 1 as shown upon said Subdivision Map above referred to, thence from said point of beginning due South along the Westerly line of said Lot 1 for a distance of 822.12 feet to the true point of beginning of the tract of land to be described, said true point of beginning being the Northwesterly corner of that certain 6.362 acre tract of land described in the Deed to Ernest S. Filice, et al, recorded December 11, 1969, in Book 8766 Official Records,

Northerly line of said 6.362 acre tract for a distance of 500.00 feet to the Northeasterly corner of thereof; thence due South along the Easterly line of said 6.362 acre Tract for a distance of 260.00 feet, thence leaving said Easterly line and running due West 500.00 feet to the point of intersection thereof with the Westerly line of said Lot 1, thence due North along the Westerly line of said Lot 1

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for a distance of 260.00 feet to the true point of beginning.

EXCEPTING THEREFROM all that portion lying within that certain Map entitled, Tract No. 6251, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 11, 1978, in Book 424 of Maps, at Pages 35 and 36.

ALSO EXCEPTING THEREFROM that portion lying Southerly of the Northerly line of that certain parcel of land conveyed to the Santa Clara Valley Water District, a public corporation, by Deed recorded March 23, 1990, in Book L296 Page 1606, Official Records of Santa Clara County.

ALSO EXCEPTING THEREFROM that potion as granted to the Santa Clara Valley Water District, a public entity, by that certain Grant Deed recorded January 12, 2007, as Document No. 19263928, Official Records, Santa Clara County.

APN: 799-44-109 (portion)
PARCEL FOUR:

All of Lot 2 of Subdivision of Lot 3, as shown on that certain Map entitled, Massey Thomas Subdivision, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on May 31, 1905, in Book F2 of Maps at Page 36.

EXCEPTING THEREFROM that portion thereof being described as follows:

Portion of Lots 1 and 2 of Subdivision of Lot 3, as shown upon that certain Map entitled, Massey Thomas Subdivision, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on May 31, 1905, in Book F2 of Maps, at Page 36, described as follows:

Beginning at the Northwesterly corner of Lot 1 as shown upon said Subdivision Map above referred to, thence from said point of beginning due South along the Westerly line of said Lot 1 for a distance of 822.12 feet to the true point of beginning of the tract of land to be described, said true point of beginning being the Northwesterly corner of that certain 6.362 acre tract of land described in the Deed to Ernest S. Filice, et al, recorded on December 11, 1969, in Book 8766 Official Records, Page 514 Santa Clara County Records, thence from said true point of beginning due East along the Northerly line of said 6.362 acre tract for a distance of 500.00 feet to the Northeasterly corner thereof; thence due South along the Easterly line of said 6.362 acre tract for a distance of 260.00 feet, thence leaving said Easterly line and running due West 500.00 feet to the point of intersection thereof with the Westerly line of said Lot 1, thence due North along the Westerly line of said Lot 1 for a distance of 260.00 feet to the true point of beginning.

ALSO EXCEPTING THEREFROM all that portion lying within that certain Map entitled, Tract No. 6251, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 11, 1978, in Book 424 of Maps, at Pages 35 and 36.

ALSO EXCEPTING THEREFROM that portion lying Southerly of the Northerly line of that certain parcel of land conveyed to the Santa Clara Valley Water District, a public corporation, by Deed recorded March 23, 1990, in book L296 Page 1606, Official Records of Santa Clara County.

-13-
ALSO EXCEPTING THEREFROM that portion as granted to the Santa Clara Valley Water District, a public entity, by that certain Grant Deed recorded January 12, 2007, as Document No. 19263928, Official Records, Santa Clara County. APN: 799-44-109 (portion) PARCEL FIVE:

All of Lot 3 of Subdivision of Lot 3, as shown on that certain Map entitled, Massey Thomas Subdivision, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on May 31, 1905, in Book F-2 of Maps at Page 36.

EXCEPTING THEREFROM all that portion lying within that certain Map entitled, Tract No. 6251, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 11, 1978, in Book 424 of Maps, at Pages 35 and 36.

ALSO EXCEPTING THEREFROM that portion lying Southerly of the Northerly line of that certain parcel of land conveyed to the Santa Clara Valley Water District, a public corporation, by Deed recorded March 23, 1990, in Book L296 Page 1606, Official Records of Santa Clara County.

ALSO EXCEPTING THEREFROM that portion as granted to the Santa Clara Valley Water District, a public entity, by that certain Grant Deed recorded January 12, 2007, as Document No. 19263928, Official Records, Santa Clara County.

APN: 799-44-110
PARCEL SIX:

Being a portion of that 6.362 Acre Parcel described in that Gift Deed from Angelina Filice to Ernest S. Filice and Valentino A. Filice, aka Val A. Filice, recorded in Book 8766 of Official Records at Page 514, Santa Clara County Records and a portion of Parcel 1 as described in that Grant Deed from Ernest S. Filice, a married man, as his sole and separate property, and Val Filice, a married man, as his sole and separate property, to the Santa Clara Valley Water District, a public corporation ("District"), recorded in Book L296 of Official Records, at Page 1606, under Recorder's Serial Number 10463626, Santa Clara County Records and particularly a portion of Lots 1 and 2, of the Subdivision of Lot 3, as shown on the Map of Massey Thomas Subdivision, filed May 31, 1905, in Book F2 of Maps, Page 36, Santa Clara County Records and more described as follows:

Beginning at the Northwesterly corner of said Parcel 1; thence along the Northwesterly line thereof North 77° 03' 45" East, 88.25 to the true point of beginning; thence continuing along said Northwesterly line North 77° 03' 45" East, 115.49 feet; thence along the Northeasterly line of said Parcel 1 South 70° 51' 00" East, 63.91 feet; thence North 81° 10' 11" West, 13.49 feet; thence North 87° 35' 55" West, 57.39 feet; thence South 87° 22' 53" West, 60.80 feet; thence South 80° 58' 53" West, 42.04 feet; to the true point of beginning.

APN: 799-44-109 (portion)
PARCEL SEVEN:

Being a portion of that certain parcel of land designated as Lot 72, on that Map entitled "Tract No. 6251" recorded August 11, 1978, in Book 424 of Maps, at Pages 35 and 36, and as amended by Certificate of Correction recorded June 29, 1987 in Book K205, Page 914, under Recorder's Serial Number 9332567, both of records of Santa Clara County, being more particularly described as

-14-
follows:

Beginning at a point on the Westerly line of said Lot 72, distant South 0° 02' 50" West, 13.50 feet from the Northwest corner thereof; thence
1) South 89° 57' 10" East, 81.16 feet to the beginning of a non-tangent curve to the left, the center of which bears North 77° 41' 46" East, 50.00 feet; thence 2) Southeasterly along said curve 37.04 feet, through a central angle of 42° 26' 46" to the most Easterly corner of said Lot 72; thence along the Southeasterly line of said Lot 72 3) South 40° 00' 00" West, 157.56 feet to the Westerly line of said Lot 72; thence 4) North 0° 02' 50" East, 150.94 feet to the point of beginning.

Said description having been made pursuant to that certain Certificate of Compliance No. 2013-01 (Minor Lot Line Adjustment) recorded December 13, 2013, as Document No. 22470996, of Official Records.

APN: 799-44-093 (portion)
APN: 799-44-093 (Portion), 799-44-094 thru 098, 799-44-101, 799-44-109 (Portion) and 799-44- 110

OWNER'S ACKNOWLEDGMENT
1 OWNER'S STATEMENT

SURVEYOR'S STATEMENT

RECORDER'S CERTIFICATE

CERTIFICATE OF THE CITY CLERK
TRACT 10634

ROYAL WAY TOWNHOMES
CONSISTING OF 4 SHEETS, FOR CONDOMINIUM PURPOSES

BEING ALL OF THE PARCELS OF LAND DESCRIBED IN THAT
GRANT DEED RECORDED DECEMBER 13, 2023 AS INSTRUMENT NUMBER 25574807, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA
DECEMBER 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 3897-000 SHEET OF 4

BENEFICIARY'S ACKNOWLEDGMENT

BENEFICIARY'S STATEMENT

2 CITY SURVEYOR'S STATEMENT

CITY ENGINEER'S STATEMENT STATEMENT OF THE PLANNING

COMMISSION

SOILS AND GEOLOGICAL REPORT

SIGNATURE OMISSIONS
JOB NO. 3897-000 SHEET OF 4
TRACT 10634

ROYAL WAY TOWNHOMES
CONSISTING OF 4 SHEETS, FOR CONDOMINIUM PURPOSES

BEING ALL OF THE PARCELS OF LAND DESCRIBED IN THAT
GRANT DEED RECORDED DECEMBER 13, 2023 AS INSTRUMENT NUMBER 25574807, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA
DECEMBER 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
SITE

VICINITY MAP

ANTONIO COURT

ROYAL WAY FILBRO DRIVE IMPERIAL DRIVE
3 40'

GRAPHIC SCALE
40' 0' 20' 40' 80' 160'

PRELIMINARY
TRACT 10634

ROYAL WAY TOWNHOMES
SCALE: 1" =
CONSISTING OF 4 SHEETS, FOR CONDOMINIUM PURPOSES

BEING ALL OF THE PARCELS OF LAND DESCRIBED IN THAT
GRANT DEED RECORDED DECEMBER 13, 2023 AS INSTRUMENT NUMBER 25574807, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA
DECEMBER 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 3897-000 SHEET OF 4
REFERENCES:

BASIS OF BEARINGS:

LEGEND
NOTES:

ABANDONMENT NOTE:

ROYAL WAY FILBRO DRIVE IMPERIAL DRIVE
LOT 1
4 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'

PRELIMINARY
JOB NO. 3897-000 SHEET OF 4
TRACT 10634

ROYAL WAY TOWNHOMES
SCALE: 1" =
CONSISTING OF 4 SHEETS, FOR CONDOMINIUM PURPOSES

BEING ALL OF THE PARCELS OF LAND DESCRIBED IN THAT
GRANT DEED RECORDED DECEMBER 13, 2023 AS INSTRUMENT NUMBER 25574807, OFFICIAL RECORDS OF SANTA CLARA COUNTY.

CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA
DECEMBER 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
NOTES:

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of a Fourth Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project
Environmental Impact Report in the Amount of $25,000.00 for a Total Not-to-Exceed Contract Amount of $309,462.20 (Paid by the Applicant)
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Gloria Sciara, Extra Help Planner
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Approve a Fourth Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report (EIR) in the amount of $25,000.00 for a total not-to-exceed contract amount of $309,462.20 (paid by the applicant) and authorize the City Administrator to execute the contract amendment and associated documents.

EXECUTIVE SUMMARY
Amendments to the Circelpoint, Inc. (Consultant) contract resulted from requests from Amazon Web Services (AWS), the applicant for the Gilroy Data Center project, to modify various project elements necessitating edits and additional research, document reconciliation prior to the release of the Environmental Impact Report (EIR), and in response to extra time needed to respond to a comment letter. To facilitate the processing of the entitlements, additional work was needed by Circlepoint. These changes require analysis necessitating significant amounts of time and updating the environmental documents (Final EIR and Mitigation Monitoring and Reporting Program), resulting in additional costs associated with preparation of the EIR by Circlepoint. The requested amendment is necessary for Circlepoint to complete the documents

associated with production of the Final EIR documentation and additional work related to supporting environmental documentation for the entitlement documents for the Architectural and Site Review application (AS 20-23). The requested amendment is also intended to cover the projected cost to manage the project through certification of the Final EIR and project completion. The requested modification is paid by the applicant for the Gilroy Data Center Project EIR.

BACKGROUND
Amazon Web Services (AWS) submitted an application to construct and operate a data center on an industrial zoned vacant property, located on Camino Arroyo near the Gilroy Outlets. The Gilroy Data Center project will consist of the following components to be constructed in two phases. Phase I would include the first single-story data center building of approximately 218,000 square feet (Building 1), a security building, a substation/switchyard, offsite transmission upgrades to the existing Pacific Gas and Electric transmission and distribution system, potentially a future Battery Energy Storage System (BESS) of up to 50-megawatt (MW), and other utility interconnections.

Phase II would include a similar single-story data center building of 218,000 square feet (Building 2) that would utilize the aforementioned utilities that would be constructed in Phase I.

The project required preparation of an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. On June 6, 2022, City Council awarded a contract to Circlepoint, Inc. (Consultant), in the amount of $175,000.00 ($158,988.00 plus a $16,012.00 contingency budget). The contract was executed on June 27, 2022. The first amendment in December 2023 increased the contract by $32,252.05 to cover costs associated with a request by AWS to include additional tasks in the EIR. The second amendment in October 2024 increased the contract by $36,757.25 for a total contract budget of $244,009.30. The third amendment in December 2024 increased the contract by $40,452.90 and brought the total contract amount to $284,462.20.

ANALYSIS
The fourth amendment augment request is intended to cover projected cost to manage the project through certification of the Final EIR and project completion by the Consultant. An additional comment letter was forwarded to the Consultant to be addressed and included in the Final EIR. Preparation of a summary of environmental impacts was also requested that was included as part of issuing the entitlement documents approving the project. The requested modifications resulted in $5,000.00 of additional costs. Responses to additional comments following the publication of the Final EIR would require additional work or changes to the project approval may require supplemental environmental review. A $20,000.00 contingency is available for this purpose. The fourth amendment results in a total project cost of $309,462.20, paid by the applicant, for the Gilroy Data Center Project EIR.

ALTERNATIVES
The City Council may choose not to approve the amendment to the contract.

Circlepoint, Inc. would not be able to adequately complete the project for the Gilroy Data Center. Staff does not recommend this action.

FISCAL IMPACT/FUNDING SOURCE
Staff does not anticipate any net costs to the City as this is an applicant-paid project.

Attachments:

1. Draft Circlepoint Agreement for Services – Fourth Amendment

2. Circlepoint Agreement for Services – Third Amendment

3. Circlepoint Agreement for Services – Second Amendment

4. Circlepoint Agreement for Services – First Amendment

5. Circlepoint Agreement for Services

-1-

FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CIRCLEPOINT, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered into that certain agreement entitled Agreement for Services, effective on June 27, 2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, on December 1, 2023, a First Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to add to the Scope of Services (Exhibit “B-1”) and Payment Schedule (Exhibit “D-1”) to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and
WHEREAS, on October 21, 2024, a Second Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to add to the Scope of Services (Exhibit “B-2”) and Payment Schedule (Exhibit “D-2”) to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and
WHEREAS, on December 30, 2024, a Third Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to add to the Scope of Services (Exhibit “B-3”) and Payment Schedule (Exhibit “D-3”) to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and
WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to execute a Fourth Amendment to certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include Exhibit “B-4” (“Scope of Services”).

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to include Exhibit “D-4” (“Payment Schedule”).

3. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibits “D”, “D-1”, “D-2”, “D-3”, and “D-4” (Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $309,462.20.”

4. This Amendment shall be effective retroactively on May 1, 2025.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

-2-
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY CIRCLEPOINT, INC.

By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

-3-
EXHIBIT “B-4”

SCOPE OF SERVICES
• The Consultant will prepare responses to a comment letter received from Valley Water and will assist with the preparation of the CEQA Findings for the project. • The Consultant anticipates responding to two (2) rounds of revisions from the City on the FEIR, including one (1) administrative draft and one (1) Screencheck draft prior to publication. • All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will be provided in both word and pdf format. Additional hard copies and electronic versions can be provided upon request by the City, on a time and materials basis. • Comments on draft documents will be provided to the Consultant electronically using Microsoft Word’s Track Change feature and will be compiled into a single file. Any conflicting comments between City reviewing staff will be resolved prior to forwarding to the Consultant. • The Consultant anticipates attending up to three (3) additional meetings with the City and/or the applicant (Amazon).
• The Consultant assumes that all edits and revisions between the Draft and Final EIR would not trigger recirculation pursuant to CEQA Guidelines Section 15088.5. • Responses to additional comments following publication of the Final EIR would require additional work or changes to the project approval may require supplemental environmental review. A $20,000 contingency is available for this purpose and requires a Scope of Work from the Consultant and the City’s written authorization to proceed with the work and utilize these funds. • The Consultant will attend up to two (2) virtual or in-person public hearings.

-4-
EXHIBIT “D-4”

PAYMENT SCHEDULE
Consultant will receive $5,000 in additional funds as specifically defined and outlined in the Scope of Work (Exhibit “B-4”). The total not-to-exceed contract amount is $309,462.20, which includes a contingency of $20,000. The Consultant is responsible for developing and submitting a detailed Scope of Work for the particular tasks requiring any use of the contingency funds and may not proceed with the work until receiving written authorization from the City.

-1-

THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CIRCLEPOINT, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered into that certain agreement entitled Agreement for Services, effective on June 27, 2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, on January 9, 2024, a First Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to modify the scope of work and project cost to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and WHEREAS, on October 21, 2024, a Second Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to modify the scope of work and project cost to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to execute a Third Amendment to certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include Exhibit “B-3” (“Scope of Services”).

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to include Exhibit “D-3” (“Payment Schedule”).

3. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $284,462.20.”

4. This Amendment shall be effective retroactively on December 30, 2024.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on the next page.]
Docusign Envelope ID: A5774C51-0530-4743-B438-BE1F9DAF0F89

-2-
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY CIRCLEPOINT, INC.

By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney Acting City Clerk
Docusign Envelope ID: A5774C51-0530-4743-B438-BE1F9DAF0F89 3/11/2025 3/4/2025

-3-
EXHIBIT “B-3”

SCOPE OF SERVICES

1. Attend up to three more meetings with the City and Amazon to provide status updates and discuss environmental issues as they arise. Attendance at up to five meetings for the City.

2. Ongoing project management activities including monthly progress reports, coordination via email with the City, Amazon, and technical subconsultants, etc.

3. Prepare responses to comment letters received from the Carpenters Union Local 405 and the California Department of Fish and Wildlife. Circlepoint will revise the Final EIR package in response to two rounds of comments from the City.

4. Lodging and travel to and from up to five meetings in support of the Final EIR.

Docusign Envelope ID: A5774C51-0530-4743-B438-BE1F9DAF0F89

-4-
EXHIBIT “D-3”

PAYMENT SCHEDULE
Consultant will reallocate funds within the existing budget and receive $40,452.90 in additional funds, for a total contract amount of $284,462.20
Docusign Envelope ID: A5774C51-0530-4743-B438-BE1F9DAF0F89

-1-

SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CIRCLEPOINT, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered into that certain agreement entitled Agreement for Services, effective on 6/27/2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, on January 9, 2024, a First Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to modify the scope of work and project cost to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to execute a second amendment to certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1. Term of the Agreement of the Original Agreement shall be amended to read as follows:
“This agreement will become effective on June 27, 2022 and will continue into effect through December 31, 2025 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include Exhibit “B-2” (“Scope of Services”).

3. Article 4, Section A (Consideration) of the Original Agreement shall be amended to include Exhibit “D-2” (“Payment Schedule”).

4. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $244,009.30.”

4. This Amendment shall be effective retroactively on 10/21/2024.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on the next page.]
Docusign Envelope ID: 16E3023B-BB18-4067-831A-C61ADD788140

-2-
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY CIRCLEPOINT, INC.

By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
Docusign Envelope ID: 16E3023B-BB18-4067-831A-C61ADD788140 12/7/2024 11/21/2024

EXHIBIT “B-2”

SCOPE OF SERVICES
Changes in the project description: Between February 2024 and July 2024, a number of changes to the project description were proposed by the applicant (“Amazon”), including:
• Removal of the use of recycled water and recycled water pipeline from the project description
• Change in the function of the Battery Energy Storage Systems from backup power supply to peak power management/power demand management
• Description of the BESS facilities changed to allow these facilities to be optional in nature • Relocation of Phase 1 BESS from the southwest building façade to the southeast building facade
• Inclusion of lithium-ion batteries as a transitory power source for the data racks • Removal of hydrogen as a potential energy source for the BESS facilities Each of the changes identified above require Circlepoint to edit the project description in the DEIR and update the entire EIR to ensure or remedy any consistency or methodological issues. Revisions to document graphics are also required.

Extensive coordination, meetings, phone calls and research: The changes to the project description require substantial research regarding relevant case law, technological specifications and considerations, and past investigations. The changes also require extensive coordination with AWS and City staff (e.g., Community Development and Fire Department) including at least 2 additional meetings and several phone calls, to resolve consistency and/or methodological issues.

Additional DEIR drafts: The changes also require additional drafts of the DEIR to be prepared and reviewed and commented on by city staff. Print and deliver two hardcopies of the DEIR to the City for public access at the City Library and City Hall.

Docusign Envelope ID: 16E3023B-BB18-4067-831A-C61ADD788140

EXHIBIT “D-2”

PAYMENT SCHEDULE
Consultant will reallocate funds within the existing budget and receive $36,757.25 in additional funds, for a total contract amount of $244,009.30
Docusign Envelope ID: 16E3023B-BB18-4067-831A-C61ADD788140

Docusign Envelope ID: 16E3023B-BB18-4067-831A-C61ADD788140

-1- 4845-8215-5540v1
MDOLINGER\04706083

FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CIRCLEPOINT, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered into that certain agreement entitled Agreement for Services, effective on 6/27/2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1. Term of the Agreement of the Original Agreement shall be amended to read as follows:
“This agreement will become effective on June 27, 2022 and will continue into effect through December 31, 2024 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include Exhibit “B-1” (“Scope of Services”).

3. Article 4, Section A (Consideration) of the Original Agreement shall be amended to include Exhibit “D-1” (“Payment Schedule”).

4. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $207,252.05.”  This Amendment shall be effectiveUHWURDFWLYHO\ on 12/1/2023.  Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.  This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
[Signatures on the next page.]






 











-2- 4845-8215-5540v1
MDOLINGER\04706083
CITY OF GILROY CIRCLEPOINT, INC.

By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk






 












 



EXHIBIT “B-1”

SCOPE OF SERVICES
Attendance at Meetings in Exceedance of Original Assumptions:
x Consultant attendance at nine (9) additional meetings, ZLWKDGGLWLRQDOPHHWLQJ V

DQWLFLSDWHG
Public Scoping Meeting:
x Prepare an agenda and slides for the scoping meeting presentation.

Air Quality Impact Assessment (AQIA):
x Two additional reviews and coordination of the required revisions for each version of the AQIA (with the exception of Consultant’s initial review), which are necessary to ensure legal defensibility in the FaVe of a challenge to the EIR. 7UDQVSRUWDWLRQ$QDO\VLVMemorandum:
x Coordinate with Hexagon 7UDQVSRUWDWLRQ&RQVXOWDQWV,QFto walk the City through their peer review of the original 7UDQVSRUWDWLRQ assessment and to ultimately prepare a new assessment to support the EIR.
x Review and incorporate a new memorandum, prepared by Hexagon, into the EIR. 





 











EXHIBIT “D-1”

PAYMENT SCHEDULE
Consultant will reallocate funds within the existing budget and receive $32,252.05 in additional funds, for a total contract amount of $207,252.05.
.






 











City of Gilroy
Agreement/Contract Tracking
Today’s Date: June 27, 2022 Your Name: Monica Sendejas
Contract
Type:

Services over $5k - Consultant Phone Number: 408-846-0266 Contract Effective Date:
(Date contract goes into effect)
6/27/2022
Contract Expiration Date: 12/30/2023
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Circlepoint, Inc.

Contract Subject:
(no more than 100 characters)
Prepare an Environmental Impact Report (EIR) for the Gilroy Data Center Project (AWS)
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$175,000.00
By submitting this form, I confirm
this information is complete:
➢ Date of Contract
➢ Contractor/Consultant name and complete address
➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid)
➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached
➢ Taxpayer ID or Social Security # and Contractors License # if applicable
➢ Contractor/Consultant signer’s name and title
➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 27th day of June, 2022, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Circlepoint, Inc., having a principal place of business at 200 Webster Street, Suite 200, Oakland, CA 94607.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on June 27, 2022 and will continue in effect through December 30, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.

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

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

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

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

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

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

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $175,000 including a base budget of $158,988 and a contingency budget of $16,012.

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

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

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

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

C. Indemnification of Liability, Duty to Defend

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

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

D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

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

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

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

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

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

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

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

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

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

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

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

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

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

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

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

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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

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

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

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

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

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

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

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

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

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

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

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

CONSULTANT: CITY:

CIRCLEPOINT, INC. CITY OF GILROY
By: By:

Name: Audrey Zagazeta Name: Jimmy Forbis
Title: President and CEO Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3171809
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Approved as to Form ATTEST:

City Attorney City Clerk
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EXHIBIT “A”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. NO PLEDGING OF CITY’S CREDIT.

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

F. OWNERSHIP OF MATERIAL.

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

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

G. NO THIRD PARTY BENEFICIARY.

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

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H. NOTICES.

Notices are to be sent as follows:

CITY: Cindy McCormick
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Andrew Metzger
Circlepoint, Inc.
42 South First Street, Suite D
San Jose, CA 95113
I. FEDERAL FUNDING REQUIREMENTS.

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

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

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

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

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

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EXHIBIT “B”

SCOPE OF SERVICES
Attached
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work
EXHIBIT B—SCOPE OF WORK
Thank you for this exciting opportunity to work with the City of Gilroy (City). We are pleased to provide this proposal, which outlines Circlepoint’s approach to preparing an Environmental Impact Report (EIR) for the Gilroy Data Center (project) proposed by Amazon Data Services (the Applicant).

PROJECT UNDERSTANDING
Circlepoint understands that the project will consist of the following components to be constructed in two phases:
• Two data center buildings and one security building totaling approximately 438,500 square feet; • Backup generating facilities to provide electricity to critical data center operations in the event of a loss of utility power;
• Two battery energy storage systems;
• A new substation/switchyard and a double circuit transmission upgrade; • A new recycled water pipeline;
• Ancillary utility infrastructure for connection to existing stormwater and potable water pipelines; • Security fencing;
• General Site Grading, Stormwater and Landscaping.

Phase I will be a traditional data center set up, requiring the use of diesel-powered backup generators. Circlepoint understands that the Applicant is committed to Tier-4 compliant backup generators, as required by the Bay Area Air Quality Management District (BAAQMD). Phase II will utilize an emerging technology to provide backup energy in the event of a power failure. Given that Phase I will have a maximum electrical demand of 49 MW and Phase II would leverage an alternative energy supply instead of diesel generators, the California Energy Commission (CEC) would not have jurisdiction over the project. Therefore, the project is not required to seek a Small Power Plant Exemption (SPPE) from CEC’s jurisdiction, and the project can follow the normal CEQA clearance process at the local level.

The project will require water for cooling when outside air temperatures exceed 83 degrees F. The data center will be designed to use recycled water provided by the City of Gilroy, once available, and a potable water connection will serve as a back-up source to the recycled water supply. Given the level of water demand required for the project, both potable and recycled, it is critical that the availability of water resources to meet project demand is adequately analyzed.

The project site’s former use for agricultural production indicates that vehicle miles traveled (VMT) generated from construction and operations of the project would be considered net new to the project site. The project is expected to include 25 employees to operate the data center and 37 employees to assemble the data equipment.

Circlepoint will use the peer-reviewed VMT analysis to carefully consider impacts.

APPROACH
process and environmental document as clear and straightforward as possible, so the general public and agencies understand the process, analysis, and issues being addressed.

DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City envisions preparing an Environmental Impact Report (EIR) that conservatively assesses the potential impacts of the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and operation, and noise introduced to the project site. Strong project management will be required to execute the preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive history working on data centers in Santa Clara, San José, and Los Angeles. opportunities for environmental streamlining. The EIR could address topics such as Mineral Resources, the CEQA Guidelines Section 15128.

Circlepoint understands the Applicant has submitted a detailed project description that includes a “mitigation incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation (223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of approval along with existing local, regional, state, and federal policies and best practices that could support the use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding impacts and discloses necessary mitigation.

QUALITY ASSURANCE/QUALITY CONTROL PROCESS
Circlepoint’s quality assurance/quality control (QA/QC) process ensures the continuing integrity and quality of all services and deliverables. Our QA/QC process includes senior review responsibilities for both the Project Manager and the Principal-in-Charge. The Project Manager directs and reviews project team work on deliverables products before a work product is delivered to a client or printer. The following table summarizes the management structure that Circlepoint uses to ensure the quality of every document we produce.

ROLE RESPONSIBILITIES
Principal-in-Charge • Overall quality control and quality assurance of all work products Project Manager • Primary client contact
• Oversees document preparation and coordination with technical subconsultants • Provides intermediate QA review and technical editing prior to PIC review Senior Associate • Secondary client contact, often acting in a Deputy Project Manager capacity • Coordinates information requests, delivery schedules, and day-to-day communication with technical consultant
• Lead reviewer and proofreader for most documents
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work

ROLE RESPONSIBILITIES
Associate / Assistant • Authorship of individual document sections • Research for document sections not covered by a technical report • Technical editing / formatting / production of all work products Coordinator / Graphics • Preparation of graphics and maps

WORK PLAN
TASK 1: KICKOFF AND MEETINGS
anticipates attendance at the following meetings:
•
• Twenty four (24) Bi-weekly Check In Meetings with City (Based on anticipated project schedule) •
TASK 2: SCOPING MEETING AND NOTICE OF PREPARATION
Circlepoint will prepare a Notice of Preparation (NOP) to inform the public and applicable stakeholders that environmental documentation is being prepared for the project. Consistent with Section 15082 of the CEQA Guidelines, the NOP materials shall include a description of the project, the location of the project, and probable impacts are anticipated, such as mineral and forestry resources. Following distribution of the NOP, Circlepoint will work closely with the City to facilitate a Public Scoping Meeting and provide recommendations in meeting response to the Public Scoping Meeting and the NOP and strategize with the City on incorporating these “known issues” into the EIR.

TASK 3: PROJECT DESCRIPTION
Circlepoint will prepare and submit a project description for City review and approval. Circlepoint will build upon the project description prepared by the Applicant and ensure it meets the requirements of CEQA Guidelines Section 15124. Circlepoint anticipates that the existing project description contains the majority of information needed for CEQA analysis. Circlepoint will revise the project description in response to one round of comments from the City. Circlepoint will utilize the following background materials (to be provided by the City/Applicant) to complete the project description:
• Preliminary geotechnical feasibility report
•
systems
• Commissioning test details (duration, number of generators) and maintenance testing plan •
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work
• Utility “will-serve” letters for electrical and water utilities and/or supply assessments if required by the City or utility provider
• Total anticipated power consumption (average, daily or annual) • Total daily water demand ; can be prorated from annual demand • Sanitary sewer capacity study, if required by City
• Arborist report, if required by City
• Construction assumptions, including duration, phasing, construction start and end months, and review of construction equipment list
Key Deliverable: Project Description
TASK 4: PROJECT MANAGEMENT
Circlepoint will provide ongoing project management throughout the environmental review process including maintain a project schedule and provide regular updates to the City. Circlepoint will also prepare monthly progress reports to accompany monthly invoices containing the following information: the beginning and ending dates of the billing period; budget summary including budget spent to date and budget remaining; and a Task Summary for each work task, containing the name of the person doing the work, the hours spent by each person, and a brief description of the work.

TASK 5: TECHNICAL STUDIES
Based on the background materials provided with the City’s RFP, Circlepoint understands that the Applicant has provided several background documents for consideration including aesthetics, biological resources, cultural resources, geology and soils, land use, mineral resources, public services, recreation, hazardous materials, prepared by the Applicant and/or City:
• Air Quality Impact Assessment
• Natural Resources Memorandum
• Archaeological Literature Search
• Geotechnical Desktop Review
• Geotechnical Considerations Report
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
• Environmental Noise & Vibration Assessment
• Environmental Noise & Vibration Assessment Addendum
• Transportation Attachments, VMT Analysis, including Peer Review of VMT Assessment • California Energy Commission Tribal Outreach Letters
• City of Gilroy Assessment of Water Supply
• Arborist Report
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work
Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is required, Circlepoint will coordinate with the City to strategize on the best course of action. Additional studies would require an amendment to this scope and fee. We assume all reports listed above will be provided to Circlepoint in a format acceptable for use in supporting a CEQA document and can be publicly circulated.

TASK 6: DRAFT EIR
Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines Article 9. The Draft EIR will meet all City standards for content and formatting.

Task 6.1: Administrative Draft EIR
The background materials provided with the City’s RFP Letter included CEQA-related documents which assess and analyze project impacts for a number of resources. Circlepoint will rely upon the analysis already prepared to the prepare the setting, impacts, and mitigation discussions for each environmental topic area set forth in Appendix G of the CEQA Guidelines. Circlepoint will prepare a summary of existing conditions, pertinent regulations, and a description of the regional setting, placing special emphasis on any rare or unique environmental resources in the project area. Circlepoint will review and reference relevant policies and regulations from the City’s General Plan and Zoning Code, and other documents required for the analysis as applicable. The EIR will also include an analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a description of comments received during the scoping period. Circlepoint assumes that up to three alternatives will be evaluated in the EIR, including (for example) a reduced development alternative, a reduced backup electric generation alternative, and/or a backup electric generation technology alternative. For the cumulative impacts analysis, Circlepoint will use the City’s General Plan as a guide for reasonably foreseeable projects in the surrounding area.

Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) to be submitted with the Administrative Draft EIR for City review. The draft MMRP will develop and present feasible mitigation for monitoring each mitigation measure, and identify monitoring triggers and reporting frequency for each measure.

The Administrative Draft and MMRP will be provided in electronic formats to the City.

Key Deliverables: Administrative Draft EIR, draft MMRP
Task 6.2: Screencheck Draft EIR
Circlepoint will then provide clean, compiled PDF and MS Word versions of the screencheck draft EIR to verify that Key Deliverables: Second Administrative Draft EIR, Screencheck Draft EIR.

Task 6.3: Public Draft EIR
comments and submit web-ready versions of the EIR and all associated appendices. Hardcopies of the EIR can be provided on a time and materials basis, if requested by the City. Circlepoint will also prepare the combined Notice of Availability/Release and a Notice of Completion in accordance with Section 15087 of the CEQA Guidelines, and provide advice as needed to the City regarding distribution of the Draft EIR pursuant to CEQA and City review procedures. Consistent with Section 15087, notice availability of the Draft EIR will be published DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

circlepoint 17
Exhibit B—Scope of Work
project is to be located, and mailed to the owners and occupants of property contiguous to the parcel or parcels on which the project is located.

The Draft EIR will be circulated for a minimum of 45 days. While public hearings are not required as an element of the CEQA process, they are encouraged to facilitate the public commenting process and address known issues of the project. Circlepoint recommends that the City hold a public hearing during the circulation period given the anticipated public controversy surrounding the project. This scope includes a public hearing as an optional task.

OPTIONAL TASK: Public Hearing
Key Deliverables: Draft EIR, NOA, NOC
TASK 7: FINAL EIR
Task 7.1: Response to Public Comments
Circlepoint will prepare written responses to comments on the Draft EIR following the public review period.

Circlepoint assumes the City will provide copies of all written comments. Should the City decide to advance with the public hearing, which is included in this scope as an optional task, Circlepoint will assist the City in recording written and verbal comments at the hearing. Circlepoint will compile all comments with alpha-numeric codings close of the comment period to discuss the best approach, which may include the use of master responses to facilitate the response to similar or repeated comments. Comment responses will be incorporated to the Final EIR for the City’s review.

Circlepoint hours listed in the proposed budget for responses to comments are an allowance. If an unusually large volume of comments are received (over 15 distinct comment letters), Circlepoint will confer with the City to determine an appropriate path forward. The scope and budget also assumes responses do not require substantial additional research, analysis, or meetings with commenters.

Task 7.2: Final EIR
Circlepoint will prepare a Final EIR which includes responses to all public comments received during the circulation period. Consistent with Section 15132 of the CEQA Guidelines, the Final EIR will comprise the following elements:
• Project Description
• A Summary of the Environmental Process
•
• Responses to Comments, including a list of persons, organizations, and public agencies commenting on the draft EIR; the comments received, and the City’s responses to each comment • An Erratum to address any necessary changes to the Draft EIR that may result from public comments • Appendices (as needed)
Based on up to two (2) sets of consolidated comments from the City, Circlepoint will revise the responses to Key Deliverables: Response to Public Comments, Final EIR.

DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

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Exhibit B—Scope of Work

ASSUMPTIONS
The following assumptions apply to this project:

Circlepoint anticipates responding to three (3) rounds of revisions from the City on the EIR including two (2) administrative drafts and one (1) screencheck draft prior to publication.

Comments on draft documents will be provided to Circlepoint electronically using Microsoft Word’s Track All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will be provided in both word and pdf format. Additional hard copies and electronic versions can be provided upon request by the City.

Circlepoint assumes that all edits and revisions between the Draft and Final EIR would be minor in nature, the Draft EIR may need to be recirculated pursuant to CEQA Guidelines Section 15088.5. distribution for the Public Scoping Meeting. Should the City request additional support in this task, this can be addressed in coordination with the City and the preparation of a scope addendum.

DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

-1-
4835-2267-0361v1
LAC\04706083
EXHIBIT “C”

MILESTONE SCHEDULE
Attached
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

circlepoint 19
Exhibit C—Milestone Schedule
EXHIBIT C—MILESTONE SCHEDULE
The Circlepoint team will initiate work on this project upon contract execution. Background research, site visits, and reporting will commence immediately. The completion of the EIR process typically takes 10 to 12 months, depending on the City’s review time.

MILESTONE ESTIMATED COMPLETION DATE
Mid-to-Late June, 2022
Receipt of Requested Data Early July, 2022
Submittal of Draft Project Description Late July, 2022
City Comments on Draft Project Description Mid-to-Late August, 2022 Finalization of Project Description August/September, 2022 Technical Reports Gap Analysis September, 2022
NOP Preparation September/October, 2022
City Reviews NOP materials Early-To-Mid October, 2022
Scoping Meeting Early November, 2022
Compilation of NOP Comments to be included in EIR Late November, 2022 Submittal of Administrative Draft EIR December, 2022
City Provides Comments on Administrative Draft EIR January 2023 Submittal of Second Administrative Draft EIR January/February, 2023 City Provides Comments on Second Administrative Draft EIR (3 week review)
February, 2023
Submittal of Screencheck Draft EIR March, 2023
Public Circulation of Draft EIR March, 2023
Public Meetings (Optional) April, 2023
Meeting with City to discuss Public Comments received May, 2023 Submittal of First Draft of Final EIR May, 2023
City Review Provides Comments on First Draft of Final EIR (3 week review)
June, 2023
Submittal of Final EIR June/July, 2023
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

4835-2267-0361v1
LAC\04706083
EXHIBIT “D”

PAYMENT SCHEDULE
Attached
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

circlepoint 20
Exhibit D—Payment Schedule
EXHIBIT D—PAYMENT SCHEDULE
Circlepoint would complete the tasks described above for a not-to-exceed fee of $158,988.

M5528 Gilroy AWS Data Center
Tasks Principal
Comms
Sr. PM PM Sr. Assoc Associate
Assistant /
Coordinator
Sr. Web/
Graphics
Rates 252 $ 197 $ 173 $ 138 $ 118 $ 103 $ 144 $
Task 1 Kickoff, Project Description, and other Meetings

1.1 Kick Off Meeting 1 4 - 3 - - 1,244.00 8 $

1.2 Bi-Weekly Check In Meetings - 24 - 24 - - - 7,464.00 48 $

1.3 Planning Comissions/City Council Meetings 4 27 - 6 - - 6,570.00 37 $ Subtotal Task 1 Kickoff, Project Description, a - 5 55 33 - - 93 - 15,278.00 $ Task 2 Public Scoping and NOP

2.1 Public Scoping Meeting 1 2 4 2 8 2 2,608.00 19 $

2.2 NOP materials 1 7 6 8 - 2,912.00 20 $
Subtotal Task 2 Public Scoping and NOP 1 - 6 7 8 - - 39 5,520.00 $ Task 3 Project Description

3.1 Project Description 2 10 - 8 8 6 - 4,878.00 34 $
Subtotal Task 3 Project Description 2 - 10 8 8 6 - 34 4,878.00 $ Task 4 Project Management

4.1 Project Management and Coordination 8 18 72 18 - - - 20,540.00 116 $ Subtotal Task 4 Project Management 8 18 72 18 - - - 116 20,540.00 $ Task 5 Technical Studies

5.1 Gap Analysis 4 - 20 18 15 - 8,580.00 57 $
Subtotal Task 5 Technical Studies 4 - 20 18 15 - - 57 8,580.00 $ Task 6 Admin Draft EIR

6.1 Admin Draft EIR 10 - 40 85 92 100 - 42,270.00 327 $

6.2 Screencheck Draft EIR 4 - 20 30 40 50 - 18,500.00 144 $

6.3 Public Draft EIR 4 - 20 28 38 38 - 16,440.00 126 $
Subtotal Task 6 Admin Draft EIR 18 - 80 142 170 188 - 597 77,210.00 $ Task 7 Final EIR

7.1 Response to Public Comments and Final EIR 2 - 20 20 22 22 - 11,386.00 85 $

7.2 Final EIR 4 10 12 12 14 7,126.00 52 $
Subtotal Task 7 Final EIR 2 - 20 20 22 22 - 137 18,512.00 $ Labor Subtotal 37 18 257 240 215 216 - 1,072 $ 150,518.00 Labor Contingency $ -
Total Labor $ 150,518.00
ODCs
Travel $ 500.00
Scoping Meeting (Printing, Materials, Misc) $ 1,000.00
Notification Mailer (NOA) $ 5,000.00
Display Ad Placement $ 1,200.00
$ -
$ -
$ -
$ -
Subtotal ODCs $ 7,700.00

10.0% Mark-Up on ODCs $ 770.00
Total ODCs $ 8,470.00
TOTAL $ 158,988.00
Assumptions
Rates are effective through December 31, 2022 and are subject to annual escalation Please see scope of work for detailed assumptions
Total
Hours
Total
Dollars
Circlepoint Budget
DocuSign Envelope ID: 14F9F2E1-0C78-4311-A1E3-40287DCA9EA0

 

































 





 








 

 
 
 

 
  

 






 
 
 


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City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Final Map for Greenfield Development, Tract 10666
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Safe and Affordable Housing for All

RECOMMENDATION
Approve the Final Map for Greenfield Development, Tract 10666, APN 808-20-008.

EXECUTIVE SUMMARY

BACKGROUND
On November 5, 2018, the City Council approved tentative map (TM) 16-02 for James Suner, creating 14 single-family lots and associated private streets that the Homeowners Association will maintain from an 8.36-acre parcel. The property is located at the northern terminus of Greenfield Drive, south of Uvas Creek, east of Las Animas Elementary School/Glen Loma Ranch Specific Plan Area development, and east of the Villagio residential development (APN 808-20-008) [Reference: Resolution No. 2018-44, TM 16-02].

This project has received the following Tentative Map time extensions:
• Extension #1: 6/1/20: City/State automatic extension due to the COVID-19 pandemic: City Council Resolution 2020-23 extended projects through 5/31/21. • Extension #2: 9/29/20: City/State automatic extension due to the COVID-19

pandemic. AB 1561 provided 18-month extensions, with a new TM expiration of 11/30/22.
• Extension #3: 2/2/7/23: The City Council approved a 12-month extension, with a new TM expiration date of 11/30/23.
• Extension #4: 2/5/24: The City Council approved a 12-month extension, with a new TM expiration date of 11/30/24.
• Extension #5: 12/9/24: The City Council approved a 12-month extension, with a new TM expiration date of 11/30/25.

ANALYSIS
The Suner Corporation is requesting approval of the Tract 10666 Greenfield Final Map, right-of-way and public easement dedications, and construction of site improvements, including: paving, curb, gutter, driveways, sidewalk, landscape, lighting, storm drain, water, and sewer to serve the development. As part of the site improvements, the Developer is required to provide Faithful Performance and Payment bonds of $262,140.20 for 100% of the estimated construction cost of the improvements.

Staff have reviewed the Tract 10666 Final Map and determined that the Map is ready for recording with Santa Clara County, once approved by the City Council.

ALTERNATIVES
The Council may deny the request and let the Tentative Map expire. Staff does not recommend this alternative because the developer has met all conditions, and the map is compliant with the California Subdivision Map Act.

FISCAL IMPACT/FUNDING SOURCE
There is no net impact to the General Fund. Plan check and inspection fees have been collected to cover the costs associated with this action. The developer has submitted bonding and insurance for the above-referenced site improvements and Final Map. All the above-required improvements are part of the developer’s responsibility, and there are no reimbursements required for this project.

PUBLIC OUTREACH

NEXT STEPS

Attachments:

1. Final Map (Not Signed) - Tr 10666 2025 07 09

7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173

HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS

HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS
7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173

7651 EIGLEBERRY STREET - GILROY, CA. 95020 - 408 842-2173

HANNA - BRUNETTI - CIVIL ENGINEERS AND LAND SURVEYORS

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve a Fifth Amendment to the Contract for CSG Consultants, Inc., Increasing the Contract Amount by
$25,000, for On-Call Engineering Plan Review and City
Surveyor Services, for a Contract Total of $480,000
Meeting Date: July 28, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Economic Development Activities Promote Safe and Affordable Housing for All

RECOMMENDATION
Approve a contract amendment to the agreement with CSG Consultants, Inc. to add $25,000 for On-Call Engineering Plan Review and City Surveyor Services and authorize the City Administrator to execute the amendment and associated documents.

EXECUTIVE SUMMARY
The Public Works Department (Department) oversees the review and approval of land subdivision projects, compliance with the Subdivision Map Act, engineering plan review, and recording land subdivision mapping documents. Since the Department does not have an in-house Licensed Surveyor (City Surveyor), the Department fulfills this statutory obligation through a specialized professional consultant, CSG Consultants, Inc.

Due to a high volume of development applications during FY25, particularly those involving final maps, the adopted budget of $100,000 for FY25 proved insufficient to cover the costs. The contract increase of $25,000 will adequately enable staff to pay the projected remaining invoices and close out the FY25 contract, resulting in a total annual

cost of $125,000. Applicants pay the annual costs, and there is no direct General Fund impact. No budgetary appropriations are needed as this increase will be absorbed by the projected year-end savings.

BACKGROUND
The City Council awarded a three-year contract to CSG on August 4, 2020, for engineering plan review and City Surveyor services. This agreement has been amended four times since the original approval.

The Public Works Land Development Section is responsible for reviewing and approving land development applications, land subdivisions, infrastructure improvements, and construction projects according to the Gilroy City Code. To comply with the Subdivision Map Act requirements, maintain timely project delivery, and meet customer service expectations established by the City Council, the Department supplements its staffing resources and City Surveyor services through professional service contracts.

ANALYSIS
Due to a high number of development applications requiring City Surveyor Plan Review services during FY25, the adopted budget of $100,000 for FY25 is insufficient to cover the costs incurred in FY25. An additional contractual increase of $25,000 is needed for FY25 to close out the contract year and ensure the City continues to provide the critical services in Land Development Subdivision services. The final two months of the fiscal year included work on several final maps, which accounted for much of the unexpected year-end costs. The City continues to obtain cost reimbursements fully recoverable through private development plan review fees.

ALTERNATIVES
The alternative to the staff recommendation is not to approve the amendment. Staff does not recommend this option as the costs have been incurred, costs are being covered by the applicants, and the City does not have a Licensed Surveyor to complete such tasks.

FISCAL IMPACT/FUNDING SOURCE
The support services are primarily funded by the plan check and inspection fees paid by private developers, and are received and expended within the Engineering Division in the General Fund (100). Staff is requesting Council’s approval of the contractual increase of $25,000 to cover incurred costs through June 30, 2025, and to pay out the remaining invoices. No budgetary appropriations are needed as this increase will be absorbed by the projected year-end savings.

PUBLIC OUTREACH

NEXT STEPS
Attachments:

1. CSG Fifth Amendment

2. CSG On-Call Engineering and City Surveyor

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4845-8215-5540v1
MDOLINGER\04706083

FIFTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CSG CONSULTANTS, INC.

This Fifth Amendment to the Agreement for Services (“Fifth Amendment”) is made and entered into as of July 28, 2025 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and CSG Consultants, Inc. (“CONSULTANT”).

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and CSG Consultants, Inc. entered into that certain agreement entitled Fifth Amendment to the Agreement for Services Between the City of Gilroy and CSG Consultants, Inc., effective on August 4, 2020, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and CSG Consultants, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1. TERM OF AGREEMENT of the Original Agreement shall be amended to read as follows:

This Agreement will become effective on August 4, 2020, and will continue in effect through June 30, 2025, 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.

2. Article 4. COMPENSATION (Consideration) of the Original Agreement shall be amended to read as follows:

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 $480,000.00.”

3. This Amendment shall be effective on July 28, 2025.

4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

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CITY OF GILROY CSG CONSULTANTS, INC.

By: By:
[signature] [signature]
Jimmy Forbis Hatem Ahmed
[employee name] [name]
City Administrator Vice President
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

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EXHIBIT “D”

PAYMENT SCHEDULE
CONSULTANT will invoice the CITY monthly for time spent conducting services on an as needed basis. Total compensation shall not exceed the amount set forth under Article 4, Section A of this agreement, unless CONSULTANT and CITY agree to do so by amendment.

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AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 15th day of October, 2020, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, Inc., having a principal place of business at 550 Pilgrim Drive, Foster City, CA 94404.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 8/4/2020 and will continue in effect through 6/30/2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.

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

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

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

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

DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E

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

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

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “ D” (“ Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $ 175,000.

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

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

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be DocuSign EB2A3E0539ADDocuSign 64492429D99CDocuSign Envelope Envelope Envelope ID:D: ID 6A5080FD- 9E7878CC- 635442D9- 27FC- 299A 38FC-4A12-B6C- 4E96A269- 9B04-4727B5C5CF4A45E