Cities Index.
Agenda packet

Gilroy City Council
November 3, 2025

Document
Agenda packet
Meeting
November 3, 2025
Body
Gilroy City Council
Pages
362
Original file
18.2 MB
Text extracted from the city's file for reading and search. Open the original on gilroyca.api.civicclerk.com. That file is the official record.

City of Gilroy
Spill Emergency Response Plan 7-28-23
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Page 41 of 47 (Category 3 Continued)

15. System failure location (for example, main, pump station, etc.);

16. Description of the pipe/infrastructure material, and estimated age of the pipe/infrastructure material, at the failure location;

17. Description of the impact of the spill;

18. Whether or not the spill was associated with a storm event;

19. Description of spill response activities including description of immediate spill containment and cleanup efforts;

20. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps; including, at minimum:
a. Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
b. Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill event location, including:
§ Adjusted schedule/method of preventive maintenance,
§ Planned rehabilitation or replacement of sanitary sewer asset, § Inspected, repaired asset(s), or replaced defective asset(s), § Capital improvements,
§ Documentation verifying immediately implemented system modifications and operating/maintenance modifications, § Description of spill response activities,
§ Spill response completion date, and
§ Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;

21. Detailed narrative of investigation and investigation findings of cause of spill.

Amended Certified Spill Reports
Within 90 calendar days of the certified Spill Report due date, the City may update or add additional information to a certified Spill Report by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The City shall certify the amended report.

After 90 calendar days, the Legally Responsible Official shall contact the State Water Board at [email protected] to request to amend a certified Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the 90-day timeframe for amending the certified Spill Report, as provided above.

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City of Gilroy
Spill Emergency Response Plan 7-28-23
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Page 42 of 47 REPORTING REQUIREMENTS FOR INDIVIDUAL CATEGORY 4 SPILL REPORTING Monthly Certified Spill Reporting
The City shall report and certify the estimated total spill volume exiting the sanitary sewer system, and the total number of all Category 4 spills to the online CIWQS Sanitary Sewer System Database, within 30 calendar days after the end of the month in which the spills occurred.

Annual Certified Spill Reporting of Category 4 and/or Lateral Spills For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the City shall:
• Maintain records persection 4.4. of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of State Water Board Order No. WQ 2022-0103-DWQ (SSSWDR). The City shall provide records upon request by State Water Board or Regional Water Board staff. • Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.

A spill from an City-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the City shall report all Category 1 spills per section 3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of State Water Board Order No. WQ 2022-0103-DWQ (SSSWDR).

Monthly Certification of “No-Spills” Or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” If either (1) no spills occur during a calendar month or (2) only Category 4, and/or City-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the City shall certify, within 30 calendar days after the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually (per section 3.6 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of State Water Board Order No. WQ 2022-0103-DWQ (SSSWDR)) for the designated month.

If a spill starts in one calendar month and ends in a subsequent calendar month, and the City has no further spills of any category, in the subsequent calendar month, the City shall certify “no-spills” for the subsequent calendar month.

If the City has no spills from its systems during a calendar month, but the City voluntarily reported a spill from a private lateral or a private system, the City shall certify “no-spills” for that calendar month.

If the Citys has spills from its owned and/or operated laterals during a calendar month, the City shall not certify “no spills” for that calendar month.

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City of Gilroy
Spill Emergency Response Plan 7-28-23
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Page 43 of 47 APPENDIX B:

Door Hanger
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City of Gilroy
Spill Emergency Response Plan 7-28-23
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Page 45 of 47 APPENDIX C:

Sewer Spill Response Instructions for Contractors
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved.

City of Gilroy
Spill Emergency Response Plan
Sewer Spill Response Instructions for Contractors
For contractors working on the sanitary sewer system the City expects them to have, at all worksites, spill response materials necessary to block drainage conveyance system entry points near the work area and surface waters.

Additionally, contractor must be trained on spill response materials and equipment.

The following procedures are to be followed in the event that a contractor/plumber causes or witnesses a sanitary sewer spill. If the contractor/plumber causes or witnesses a spill they should:
1 Immediately notify the City at (408) 846-0223 and provide the following information if available:
• Date, time contractor first noticed the spill
• Description of the contractor’s observation, including any information regarding whether the spill has reached surface waters or a drainage conveyance system
• Contractor’s contact information
â
2 Protect storm drains.
â
3 Protect the public.
â
4 Direct ALL media and public relations requests to the Communication and Engagement Manager at (408) 846-0219.

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City of Gilroy
Spill Emergency Response Plan 7-28-23
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Page 47 of 47 APPENDIX D:

Sewer Spill/Backup Response Workbook
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy
Sewer Spill Emergency Response Plan
Sewer Spill/Backup Response
Workbook
© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only.

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Tab A: Start Here
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan A-1
Sanitary Sewer Spill/Backup Response Workbook
See the following page for contact information as needed. o Make immediate notifications:
o If this spill is discharging or threatening to discharge greater than or equal to 1,000 gallons to waters of the State, immediately contact CalOES at (800) 852-7550 within 2 hours and obtain a control number.

Record this number on the following pages: A-4, B-2, and D-1 Page 1. o If there is a backup into a residence/business that may be due to a problem in the City’s sewer, notify the Streets, Sewer, and Forestry Supervisor at (408) 846-0281. o For media inquiries/requests contact the Communication and Engagement Manager at (408) 846-0219. o Refer to the Regulatory Reporting Guide in this Workbook for additional reporting requirements.

SEWER CREW: CHAIN OF CUSTODY
o Refer to the Spill Event Checklist (A-4), follow the instructions on the Spill/Backup Response Flowchart (C-1), and complete forms in this Workbook as indicated.
o Complete the chain of custody record (to the right) and deliver this workbook to the Streets, Sewer, and Forestry Supervisor.

Print Name:

Initial:

Date:

STREETS, SEWER, AND FORESTRY SUPERVISOR:
o Review the Spill Event Checklist (A-4) and the forms in this Workbook. Contact the Sewer Crew for additional information if necessary.
o Confirm that all required regulatory notifications have been made (B-1). o If this was a Sewer Backup, follow instructions on the Backup Forms Checklist (F-1). o Complete the Post Spill Assessment (H-1) and Collection System Failure Analysis Form (H-2).
o Complete the Chain of Custody record (right) and forward Workbook to Data Submitter

CHAIN OF

CUSTODY
Print Name:

Initial:

Date:

DATA SUBMITTER: CHAIN OF CUSTODY
o Refer to Spill Event Checklist (A-4) Data Submitter Responsibilities o Complete the chain of custody record (to the right) and deliver this workbook to a Legally Responsible Official (see A-2 for LROs).

Print Name:

Initial:

Date:

LEGALLY RESPONSIBLE OFFICIAL: CHAIN OF CUSTODY
o Refer to Spill Event Checklist (A-4) Data Submitter Responsibilities o Complete the chain of custody record (to the right) and file this Workbook with the spill file.

Print Name:

Initial:

Date:

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Contact Information A-2: Page 1
Contact Description Telephone/Email/Address
CAL/OES California Office of Emergency
Services
(800) 852-7550
Communication and Engagement
Manager
Media inquiries/requests Rachelle Bedell
(408) 846-0219
Central Coast Regional Water
Quality Control Board
(805) 549-3882
Monterey Analytical Water quality sample analysis 4 Justin Court, Suite D Monterey, CA 93940
(831) 375-MBAS (6227)
Human Resources Director/Risk
Manager
Assistance with sewer backup
customers
(408) 846-0228
Restoration/Remediation Cleaning Services SERVPRO of Morgan Hill/Gilroy (408) 500-0657
ServiceMaster DRS of Gilroy and
Morgan Hill (831) 728-1020
ALL US Mold Removal &
Remediation (669) 345-4591
Santa Clara Environmental Health o Notifications
o Sign placement guidance
(408) 918-3400
State Water Resources Control
Board
Walter Mobley (916) 323-0878
[email protected]
Streets, Sewer, and Forestry
Supervisor
Deputy Director of Public Works
and Utilities
Senior Maintenance Workers
CalOES 2-hour notification and
other regulatory notifications
(408) 846-0281
(408) 846-0275
John Greer (408) 846-0422
Pete Martinez (408) 846-0423
Streets, Sewer, and Forestry
Supervisor
Outside Assistance / Mutual Aid (408) 846-0281
Valley Water District For spills impacting Uvas Creek (408) 265-2600 Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Contact Information A-2: Page 2
Authorized Personnel:

The following are authorized to perform regulatory reporting of spills:

Job Title Telephone
Deputy Director of Public Works and Utilities (408) 846-0275 Streets, Sewer, and Forestry Supervisor (408) 846-0281
Senior Maintenance Workers John Greer (408) 846-0422
Pete Martinez (408) 846-0423
The City’s Legally Responsible Official (LRO) is authorized to electronically sign and certify spill reports in CIWQS. The LRO is the Deputy Director of Public Works and Utilities.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Key Definitions & Category Determination A-3: Page 1
NOTE: All references to “SSWDR” refer to State Water Board Order No. WQ 2022-0103-DWQ.

DRAINAGE CONVEYANCE SYSTEM: A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.

SPILL: A spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Exfiltration of sewage is not considered to be a spill under SSWDR if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State. • Category 1 Spill:

A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under SSWDR that results in a discharge to:
o A surface water, including a surface water body that contains no flow or volume of water; or o A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.

Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.

A spill from an City-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the City shall report all Category 1 spills per section 3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of SSWDR.
• Category 2 Spill
A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under SSWDR that does not discharge to a surface water. A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill. • Category 3 Spill
A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under SSWDR that does not discharge to a surface water. A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill. • Category 4 Spill
A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under SSWDR that does not discharge to a surface water. A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.

WATERS OF THE STATE: Waters of the State are surface waters or groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses.

Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Key Definitions & Category Determination A-3: Page 2
INSTRUCTIONS: Answer each question in order and stop at the red box on ce you have determined the category.

Did the spill result in a discharge to surface water, including a surface water body that contains no flow or volume of water? YES
NO
Did the spill result in a discharge to a drainage
conveyance system that discharges to surface water?
Does the drainage conveyance system discharge to a
dedicated stormwater infiltration basin or facility?
Category
1 Spill
YES
YES
NO
NO
Less than 50
gallons
Category
4 Spill
Between 50 gallons
and 999 gallons
Category
3 Spill
1,000 gallons or
greater
Category
2 Spill
Was the sewage spill from or caused by the [ABBREV]’s
sanitary sewer system, which is regulated under the
Sanitary Sewer Systems General Order?
The [ABBREV] is not required to
report spills that are not from or
caused by its regulated sewer
system.

NO
YES
Was the sewage in the drainage conveyance system
fully captured and returned to the sanitary sewer
system or disposed of properly?
What is the estimated spill volume?
YES
NO
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Spill Event Checklist A-4
Date of Spill: Spill Location/Name:

CIWQS Event ID #: Category? £ 1 £ 2 £3 £4 OES#:

Property Damage? £ Yes £ No Service Request #:

SEWER CREW RESPONSIBILITIES
o Effort made to contain and return a portion/all to the sanitary sewer
o Pictures/video taken of spill
o Pictures taken of affected/unaffected area
o If property damage, start that process
o Pictures taken of containment efforts
o If spill is Cat 1 > 1000 gallons or Cat 2 > 1000 gal
threatening to discharge to waters of the State:

OES Control #
o Were surface waters impacted?
o Impacted waters identified?
o Assess and document spill location and spread
including photos
o Spill Report Form Complete (includes fields for all
required fields in CIWQS, and a sketch of spill)
o Volume Estimation Worksheet(s) done
o Start Time Determination Form done
o Follow Water Quality Monitoring and Sampling
procedures

STREETS, SEWER, AND FORESTRY SUPERVISOR RESPONSIBILITIES o Map of where samples were taken, if applicable
o For Cat 1 Spills 50,000 gallons or larger, obtain sampling results
o Ensure Technical Report is written
o Initial review of forms is complete (ensure
consistency of dates, times, volumes, and other data)
o Review of photos and videos (label/date)
o Conduct Post Spill Assessment & complete form (G-1)
o Failure Analysis
o TV to determine cause
o Review Asset History
o Determine next steps to prevent recurrence
o Document findings and next steps on Spill Report
o Start folder for all documentation for this spill event. Put everything in it (Spill Report, Field Reports, Worksheets/Forms, follow-up work orders, notes, photos, drawings, CIWQS print outs, emails, etc.)

DATA SUBMITTER RESPONSIBILITIES
o Submit Draft in CIWQS w/in 3 business days (for
Categories 1 and 2 only)
o Print CIWQS Draft hard copy and email
o Review CIWQS, spill Report, Worksheets, CMMS, and
any other documentation to ensure data is consistent
(e.g. dates, times, volumes, cause, follow-up action, etc. o Attach photos, forms etc. to CIWQS
o Attach Technical Report to CIWQS, if applicable
o Submit Ready to Certify in CIWQS (with sufficient time for LRO review)
o Print CIWQS Ready to Certify and email
o Hand Workbook to LRO and complete Chain of Custody
form

LRO RESPONSIBILITIES
o LRO review Workbook and CIWQS verify accurate and
consistent data
o Certify in CIWQS (within 15 calendar days for
Categories 1 & 2, 30 days after the month for Category
3 & 4)
o Print Certified CIWQS and email
o Any changes? Change in CIWQS and hard copies and
explain changes, print our current version
o Move completed Workbook and spill folder to spill files o If any changes are made to SSMP
o Update SSMP and link on CIWQS to SSMP
o Add change to SSMP Change Log
o Consider need to re-certify SSMP
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Tab B: Regulatory Reporting
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Regulatory Reporting Guide B-1: Page 1
The City’s Legally Responsible Officials (LROs) are authorized to electronically sign and certify spill reports in CIWQS. See contact information for LROs on page A-2.

Deadline Category 1 Spill* Category 2 Spill++ Category 3 Spill++ Category 4 Spill++ 2 hours after
awareness of spill
Within two (2) hours of the
City’s knowledge of a
Category 1 spill of 1,000
gallons or greater,
discharging or threatening
to discharge to Waters of
the State, notify CalOES
and obtain a notification
control number.

Within two (2) hours of
the City’s knowledge of a
Category 2 spill of 1,000
gallons or greater
threatening to discharge
to Waters of the State,
notify CalOES and obtain a
notification control
number.
-
-
Within 18 hours of
awareness of spill Conduct water quality
sampling of the receiving
water within 18 hours of
initial knowledge of spill of
50,000 gallons or greater to
surface waters.
- - -
As soon as possible Notify Valley Water District for spills impacting Uvas Creek 3 Business Days after
awareness of spill Submit Draft Spill Report in
the CIWQS database.

Submit Draft Spill Report in
the CIWQS database. - -
15 Days after the spill
end date
Submit Certified Spill
Report within 15 calendar
days of the spill end date.
(Submit Amended Spill
Report, as needed, within
90 calendar days after the
spill end date.)
Submit Certified Spill
Report within 15 calendar
days of the spill end date.
(Submit Amended Spill
Report, as needed, within
90 calendar days after the
spill end date.)
- -
Within 30 calendars
days after the end of
the calendar month in
which the spill occurs - -
Submit monthly Certified Spill
Report to the online CIWQS
Sanitary Sewer System
Database
(Submit Amended Spill Report,
as needed, within 90 calendar
days after the Certified Spill
Report due date.)
Certify monthly, the
estimated total spill
volume exiting the
sanitary sewer system,
and the total number of
all Category 4 spills into
the online CIWQS
Sanitary Sewer System
Database.
45 days after spill end
date
Submit Technical Report
within 45 calendar days
after the spill end date for
a Category 1 spill in which
50,000 gallons or greater
discharged to surface
waters; and
- - -
By February 1st after
the end of the
calendar year in which
the spills occur. - See ++ note below. -
Upload and certify a
report, in an acceptable
digital format, of all
Category 4 spills to the
online CIWQS Sanitary
Sewer System
Database.
* A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill. ++ See following page for notes.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Regulatory Reporting Guide B-1: Page 2
++ Agency owned lateral spills (Cat 2-4) to be reported by Feb 1 of the following year. • Monthly Spill Reporting of Non-Category 1 Lateral Spills: If either (1) no spills occur during a calendar month or (2) only Category 4, and/or Enrollee-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the Enrollee shall certify, within 30 calendar days after the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually for the designated month. • Annual Certified Spill Reporting of Category 4 and/or Lateral Spills: For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the Enrollee shall annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Regulatory Reporting/Notifications Log B-2
Agency/Firm Contacted Individual Spoken to: Date Time Notes CalOES Control Number:

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Tab C: Flowchart
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Spill/Backup Response Flowchart C-1: Page 1
YES
NO
Does the
spill/backup appear
to be due to a problem
in the Cityowned/maintained
sewer line?
This is a Private Spill

1. Photograph the extent of the discharge and the discharge boundaries if possible.

2. Notify the property owner that the blockage is in their lateral and that the City does not have legal authority to maintain or perform work on privately-owned laterals.

3. Give customer the “Your Responsibilities as a Private Property Owner” pages from this Workbook (F-4).

4. Recommend to customer they hire a contractor to clear their line.

5. If customer is not home:
• Complete Door Hanger and leave on customer’s door.
• Leave a message on the customer’s voicemail.

6. If the property owner is unable or unwilling to address the cause of the Spill, immediately contact your supervisor and discuss whether Code Enforcement, the County Department of Environmental Health or Regional Water Quality Control Board should be notified.

7. If you are directed to, break the stoppage and clean up the private spill. Be sure to document City staff time and equipment used for potential billing purposes and take pictures.

1. Document the service call according to City procedures.

2. STOP. Do not continue to PAGE 2
Go to PAGE 2

1. Document arrival time.

2. Consider the need to call out additional staff, contractor or mutual aid assistance.

3. If it is possible that this is a Category 1 spill greater than or equal to 1,000 gallons or a Category 2 spill that is threatening to discharge to waters of the State, immediately make the 2-hour notification to Cal-OES and obtain a control number. Record this number on the following pages: A-4, B-2, and D-1 Page 1.

1. Record manhole number or cleanout location of the spill appearance point closest to the failure point, and describe each additional appearance point on the Spill Report (D-1).

2. Take photographs of all spill appearance points, the extent of the spill, and spill boundaries.

START HERE
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Spill/Backup Response Flowchart C-1: Page 2

BEGIN DIVERSION AND CONTAINMENT, AS NECESSARY

1. DIVERT AWAY FROM SENSITIVE AREAS:
a. Cover unplugged storm drains w/mats, or use dirt/other material to divert sewage away from sensitive areas (e.g., schools, playgrounds, intersections, etc.)
b. ENSURE PUBLIC CONTACT DOES NOT OCCUR. Use cones/barricades to isolate area.

2. CONTAIN SPILL & RETURN TO SYSTEM, IF POSSIBLE:
a. As practical, plug or block drainage conveyance system entry locations or use rubber mats to cover basin inlet and divert flow to a downstream sanitary sewer manhole (barricade manhole if left open and monitor after barricade) or area suitable to capture the spill for later collection.

If any amount has already reached the drainage conveyance system, trace it downstream to a dry manhole and block it from entering surface waters. i.e., plugs, sandbags, or vacuum truck. b. If you are confident that you can capture the spill in the drainage conveyance system, trace it downstream to a dry manhole and then divert the spill to the drainage conveyance system for later recovery and return to the sanitary sewer.
c. Use bypass pumps to pump around blockage until it can be removed. d. Divert to low area of ground where it can be collected later.

3. PHOTOGRAPH each drainage conveyance system entry location.

ADDRESS CAUSE OF SPILL/BACKUP ASAP

1. For spill/backups not related to a pump station, relieve the stoppage. Note the distance of the obstruction from the manhole and catch/remove debris that could cause another stoppage. After flow has returned to normal, clean the pipe thoroughly. Consider televising (CCTV) the affected line.

2. For pump station related spill/backups refer to that station’s Emergency Response Plan.

3. Photograph staff activities while clearing the blockage.

Go to
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Spill/Backup Response Flowchart C-1: Page 3

1. Sample surface waters the spill has reached if safe and if the property owner allows (if the surface water access point is on private property):
• If preliminary volume estimates of the spill are 50,000 gallons or greater, begin collecting as soon as possible but no later than 18 hours after becoming aware of the spill.
• If people are fishing or swimming in the waters, collect samples regardless of the volume of the spill.

2. Refer to and follow the sampling standard operating procedure (Tab G in this Workbook).

Contain/recover/clean up as much of the spill in the waters and shoreline as possible. Contact Streets, Sewer, and Forestry Supervisor to request outside assistance, as appropriate.

NO
YES
Is it feasible/practical
to contain/recover any of the spill from
the surface waters?
Has the spill
reached surface
waters?
YES
NO

DRAINAGE CONVEYANCE SYSTEM CLEANING SOP

1. Seal or berm the drainage conveyance system immediately downstream of point the spill reached.

2. Photograph impacted drainage conveyance system before cleaning.

3. Vacuum any visible sewage – Record the volume of sewage recovered. Record volume on the spill report.

4. Flush impacted sections of the drainage conveyance system with 3X amount of spill, if possible, and contain. Record volume of flush water used and volume of flush water returned to the sanitary sewer on Spill Report.

5. Ensure all visible signs of sewage have been removed.

6. Photograph drainage conveyance system after cleaning is completed.

YES
NO
Was drainage
conveyance
system impacted?

IMPACTED AREA CLEANUP, AS NECESSARY

1. Assign staff to begin cleanup. If you might use the area measured volume method to estimate the volume, draw a sketch of the spill footprint and capture dimensions before washing it down.

2. Remove all signs of gross pollution with a shovel, broom, rake, and bucket. (toilet paper, solids, grease, etc.)

3. Flush impacted area with 3X amount of spill, if possible, and contain. Record volume of flush water used and volume of flush water returned to the sanitary sewer on the Spill Report (D-1).

4. Setup berm/other means to contain all water so it can be returned to sewer

5. Don’t use disinfectants if they may enter storm drain system and not be fully recovered or if they may enter surface waters.

6. Address saturated soil with removal and/or in-place treatment, depending on the extent of the contamination, the location, and land use. Take measures to prevent accidental contact by the public.

NOTE: addressing saturated soil may involve returning to the site one or more days after the spill event.

7. Photograph the area when cleanup operations are complete Go to
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Spill/Backup Response Flowchart C-1: Page 4
Complete the First Responder Form (F-2).

Ask for permission to photograph the
affected area or ask the customer to take
photos. If they decline, note that on the form.

1. If the Livability Assessment on the First Responder Form (F-2) indicates a need for temporary relocation, advise the resident to consider temporarily relocating while the living area is cleaned.

2. Take a photo of the form to document what was given to the customer.

3. Give the customer the Information for the Customer Letter (F-3), along with the claim form and the Your Responsibilities as a Private Property Owner guide pages (F-4).

4. Have the customer sign the Backup Forms Checklist (F-1).

Photograph the
backwater
prevention device or
cleanout if you can
locate one on the
affected building

1. Follow the routing instructions indicated on the front of this workbook.

2. Include any photos and/or notes related to this event.

3. Document the service call according to City procedures Did this
spill cause a
sewer backup
impacting private
property?

REGULATORY REPORTING
Make notifications indicated in the Regulatory Reporting Guide (B-1).

YES
NO
Continue from PAGE 3

DOCUMENTATION AND VOLUME ESTIMATION

1. Complete the Spill Report (D-1).

2. In the Start Time Determination section for the Spill Report (D1) remember that the spill was probably occurring for a period of time before it was reported.

3. Estimate and document spill volume using two or more of the worksheets provided in the Spill/Backup Response Workbook (E-1 through E-6).

Call the Human
Resources
Director/Risk
Manager and relay
the information from
the First Responder
Form (F-2)
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Tab D: Spill Report
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Sanitary Sewer Spill Field Report D-1: Page 1
Check spill category (see A-3 for definitions): oCATEGORY 1 oCATEGORY 2 oCATEGORY 3 oCATEGORY 4

Names of the Persons Completing this Report Contact Information

PHYSICAL LOCATION DETAILS
Spill location name:

Location description:

Address of spill:

City: Gilroy Cross Street:

Regional Water Quality Control Board: Central Coast County: Santa Clara

DATE/TIME
Date and time the City was notified of, or self-discovered, the spill:

Operator arrival time:

PHOTOGRAPHS
Photos must be taken during the spill event. At a minimum, the following photos must be taken:
¡ Appearance point closest to the failure point ¡ All discharge points into surface waters ¡ Extent of the spill and spill boundaries ¡ Location(s) of clean up ¡ Entry location of each drainage conveyance
system the sewage entered
Where are photographs stored?
* Within two (2) hours of the City’s knowledge of a Category 1 or Category 2 spill of 1,000 gallons or greater, discharging or threatening to discharge to waters of the State, notify CalOES and obtain a notification control number.

CalOES NOTIFICATION*
Date: Time: Assigned Control Number:

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Sanitary Sewer Spill Field Report D-1: Page 2

SPILL ORIGINATION
Description and GPS coordinates of the system location where the spill originated*:

Include manhole number or cleanout location of the spill appearance point closest to the failure point as applicable.

Latitude: Longitude:

Number of additional appearance points:

Spill appearance points: (Check all that apply)
o Backflow Prevention Device
o Combined Sewer Drain Inlet (Combined Collection System Only) o Force Main
o Gravity Mainline
o Inside Building/Structure
o Lateral Clean Out (Private)
o Lateral Clean Out (Public)
o Lower Lateral (Private)
o Lower Lateral (Public)
o Manhole
o Other Sewer System Structure
o Pump Station
o Upper Lateral (Private)
o Upper Lateral (Public)
o Other, describe:

Describe each spill appearance point:

Check to confirm photos were taken of all appearance points: o * Note: If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the “Describe each spill appearance point” description section above. Take photos of spill appearance point(s).

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Sanitary Sewer Spill Field Report D-1: Page 3
SPILL DESTINATION (Check all that apply)
Final spill destination(s):
o Drainage Conveyance System That Discharges to Surface Water o Surface Water
o Building or Structure
o Drainage Conveyance System
o Groundwater Infiltration Basic or Facility
o Paved Surface
o Street/Curb and Gutter
o Unpaved Surface
o Other, describe:

Description of the spill event destination(s) including GPS coordinates if available that represent the full spread and reach of the spill.

Latitude: Longitude:

Latitude (if needed): Longitude (if needed):

Latitude (if needed): Longitude (if needed):

Latitude (if needed): Longitude (if needed):

Check to confirm photos were taken of spill destination/boundaries: o Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Sanitary Sewer Spill Field Report D-1: Page 4

SPILL VOLUME
Estimated total spill volume exiting the system: gallons Did the spill reach a drainage conveyance system? o YES o NO If yes:
• Estimated time the spill reached the drainage conveyance system:
• Distance from drainage conveyance system to entry point to surface waters: feet • Method to determine travel time from point of entry to drainage conveyance system to receiving waters:
• Describe the drainage conveyance system transporting the spill:

Estimated spill volume fully recovered from the drainage conveyance system: gallons Estimated spill volume remaining within the drainage conveyance system: gallons Check to confirm photos taken of entry location of drainage conveyance system the sewage entered: o Did the spill reach surface water? o YES o NO
If yes:
• Estimated time the spill entered the surface water:
• Distance from spill appearance point to entry point to surface water: feet • Method to determine travel time to receiving waters:
• Describe all discharge points:

Estimated spill volume that discharged to surface waters: gallons Estimated total spill volume recovered: gallons
Check to confirm photos were taken of the following, as applicable: all discharge points into surface waters, waterbody bank erosion, floating matter, water surface sheen, discoloration of receiving water, any notable impacts to the receiving water: o
Did the spill discharge to a groundwater infiltration basin or facility? o YES o NO If yes,
• Estimated time the spill entered the groundwater infiltration basin or facility:
• Estimated spill volume discharged to the
groundwater infiltration basin or facility: gallons
Estimated spill volume that did NOT reach
drainage conveyance system, surface water,
or groundwater infiltration basin or facility: gallons
Estimated Total Spill Volume Recovered: gallons
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Sanitary Sewer Spill Field Report D-1: Page 5
SPILL VOLUME (continued)
Method and explanation of volume estimation methods used: (Check all that apply) o Eyeball Estimate (worksheet included in Spill/Backup Response Workbook) o Counting Upstream Connections (worksheet included in Spill/Backup Response Workbook) o Duration and Flow Rate (worksheet included in Spill/Backup Response Workbook) o Measured Volume (worksheet included in Spill/Backup Response Workbook) o Other (provide worksheet/calculations)
Description of how the spill volume estimations were calculated, including at a minimum, the methodology, assumptions and types of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information, used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered):

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Sanitary Sewer Spill Field Report D-1: Page 6
SPILL START TIME and END TIME DETERMINATION
Were there witnesses to the spill? o YES o NO If yes, provide Spill Witness Statements below:

Witness 1 Name: Witness 1 Contact Information:

Where did they see sewage spill from? c Manhole c Inside Building c Vent/Clean Out c Catch Basin c Wet Well/Lift Station c Other (describe):

When did the witness notice the sewage spilling? ____________ AM / PM Date _____ /______ /_______ Witness description of spill and affected area:

Is it currently spilling? o YES o NO
When did the witness last observe NO Spill occurring? ____________ AM / PM Date _____ /______ /_______ Did the witness notice if the spill had reached the storm drain or surface waters? Comments:

Witness 2 Name: Witness 2 Contact Information:

Where did they see sewage spill from? c Manhole c Inside Building c Vent/Clean Out c Catch Basin c Wet Well/Lift Station c Other (describe):

When did the witness notice the sewage spilling? ____________ AM / PM Date _____ /______ /_______ Witness description of spill and affected area:

Is it currently spilling? o YES o NO
When did the witness last observe NO Spill occurring? ____________ AM / PM Date _____ /______ /_______ Did the witness notice if the spill had reached the storm drain or surface waters? Comments:

Witness 3 Name: Witness 3 Contact Information:

Where did they see sewage spill from? c Manhole c Inside Building c Vent/Clean Out c Catch Basin c Wet Well/Lift Station c Other (describe):

When did the witness notice the sewage spilling? ____________ AM / PM Date _____ /______ /_______ Witness description of spill and affected area:

Is it currently spilling? o YES o NO
When did the witness last observe NO Spill occurring? ____________ AM / PM Date _____ /______ /_______ Did the witness notice if the spill had reached the storm drain or surface waters? Comments:

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Sanitary Sewer Spill Field Report D-1: Page 7
SPILL START TIME and END TIME DETERMINATION (continued) Are the volume of the spill and rate of flow known? o YES o NO If yes, divide volume by rate of flow to get duration of spill event:

Gallons ÷ GPM = Minutes
Spill Volume Flow Rate Spill Duration
Subtract the duration from the spill end date/time to establish the spill start date/time:
— =
Spill End Date/Time Duration Spill Start Time
Method to determine flow rate:

Solids Present? o None or small amount (indicates recent start) o Significant amount of buildup
Staining? o None (indicates recent start)
o Minor
o Significant
Distance sewage has traveled from spill point:

Spill Start Time:

Spill End Date and Time:

How was end time determined?
o Broke stoppage
o Turned pump station back on
o Other, explain:

Description of the methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Sanitary Sewer Spill Field Report D-1: Page 8
SPILL CAUSE (check all that apply)
o Air Relief Valve (ARV)/Blow Off Valve (BOV)/Backwater Valve Failure o Construction Diversion Failure
o Collection System Maintenance Failure (Specify Below) o Damage by Others Not Related to CS Construction/Maintenance (Specify Below) o Debris from Construction
o Debris from Lateral
o Debris-General
o Debris-Rags
o Debris-wipes/Non-disposables
o Flow Exceeded Capacity (Separate CS Only)
o Fats, Oils and Grease (FOG)
o Inappropriate Discharge to CS
o Natural Disaster (Specify Below)
o Operator Error (Specify Below)
o Pipe Structural Problem/Failure – Installation
o Pipe Structural Problem/Failure – Controls
o Pump Station Failure – Power
o Pump Station Failure – Mechanical
o Pump Station Failure – Controls
o Rainfall Exceeded Design, I and I (Separate CS Only)
o Root Intrusion
o Siphon Failure
o Surcharged Pipe (Combines CS Only)
o Vandalism (Specify Below)
o Other, specify:

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Sanitary Sewer Spill Field Report D-1: Page 9

SYSTEM FAILURE LOCATION
System failure location:
o Air Relief Valve (ARV)/Blow Off Valve (BOV) Failure
o Force Main
o Gravity Mainline
o Lower Lateral
o Manhole
o Pump Station Failure – Controls
o Pump Station Failure – Mechanical
o Pump Station Failure – Power
o Siphon
o Upper Lateral (Specify Below)
o Other, specify:

Description of the pipe material at the failure location:
o Copper
o Galvanized Steel
o Polyvinyl Chloride (PVC)
o Acrylonitrile Butadiene Styrene (ABS)
o Cross-Linked Polyethylene (PEX)
o Cast Iron
o Vitrified Clay
o Concrete
o Ductile Iron
o Fiberglass
o Other, specify:

Estimated age of sewer asset at the point of blockage or failure (if applicable):
years
Diameter of sewer pipe at the point of blockage or failure: inches Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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Sanitary Sewer Spill Field Report D-1: Page 10

SPILL IMPACT
Description of the impact of the spill:

STORM EVENT
Was spill associated with a storm event? o YES o NO
SPILL RESPONSE ACTIVITIES (check all that apply)
o Cleaned Up (Specify Below)
o Mitigated Effects of Spill (Specify Below)
o Contained All or Portion of Spill
o Restored Flow
o Returned All Spill to Sanitary Sewer System
o Returned Portion of Spill to Sanitary Sewer System
o Property Owner Notified
o Other Enforcement Agency Notified
o Other, specify:

Description of spill response activities including description of immediate spill containment and cleanup efforts:

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Sanitary Sewer Spill Field Report D-1: Page 11
SPILL CORRECTIVE ACTION (check all that apply)
o Added Sewer to Preventive Maintenance Program
o Adjusted Schedule/Method of Preventive Maintenance
o Enforcement Action Against FOG Source
o Inspected Sewer Using CCTV to Determine Cause
o Plan Rehabilitation or Replacement of Sewer
o Repaired Facilities or Replaced Defect
o Other, specify:

Refer to Collection System Failure Analysis Report for details about:
• Spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps. • Schedule of major milestones
Check to confirm completion of each report:
o Post-Spill Assessment
o Collection System Failure Analysis
Spill response completion date:

INVESTIGATION
Detailed narrative of investigation and investigation findings of cause of spill:

Is the City conducting an ongoing investigation? o YES o NO If yes, reasons for an ongoing investigation:

If yes, expected date of completion of investigation:

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Sanitary Sewer Spill Field Report D-1: Page 12
SURFACE WATERS (Complete for Category 1 Spills Only)
Name of receiving
water body
Type of receiving
water body: Stream,
Ocean, Wetland, Slough,
Estuary, River, Lake,
Reservoir, Vernal Pool,
Wash, or Other (specify)
Description of the water body(s), including but not limited to:
o Observed impacts on aquatic life,
o Public access impact(s): public closure, restricted public access, temporary restricted use, and/or other (specify below)
o Responsible entity for closing/restricting use of water body, and o Number of days closed/restricted as a result of the spill.

MUNICIPAL INTAKE (Complete for Category 1 and 2 Spills Only) Was the spill located within 1,000 feet of a municipal surface water intake? o YES o NO Describe:

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Sanitary Sewer Spill Field Report D-1: Page 13

WATER SAMPLING
Were water quality samples collected? o YES o NO o N/A
If yes, identify sample locations:

Identify parameters the water quality samples were analyzed for: (Check all that apply) o Total Coliform Bacteria
o Fecal coliform bacteria
o E-coli
o Ammonia
o Other, specify:

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 INSERT TAB:

Tab E: Volume Estimation
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Volume Estimation Computations & Examples E-1: Page 1
Miscellaneous Computations & Examples
To convert inches to feet
(NOTE: for the purposes of
this worksheet, the unit of
measurement will be in
feet for formula examples)
Divide the inches by 12 or use the chart on the right.

Example 1: 27" ÷ 12 = 2.25'
Example 2: 1¾" = ?'
1" (0.08') + ¾" (0.06') = 0.14'
Volume of one cubic foot 7.48 gallons of liquid
Area:

Two-dimensional
measurement represented
in square feet (SQ/FT or
ft2)
Square/rectangle: Area = Length x Width
Circle: Area = π x r2
(where π ≈ 3.14 and r = radius = ½ diameter)
Triangle: Area = ½ (Base x Height)
Volume:

Three-dimensional
measurement represented
in cubic feet (CU/FT or ft3)
Rectangle/square footprint: Volume = Length x Width x Depth Circle footprint (cylinder): Volume = π x r2 x Depth
(where π ≈ 3.14 and r = radius = ½ diameter)
Triangle footprint: Volume = ½ (Base x Height) x Depth
Depth:

Wet Stain on Concrete or
asphalt surface
If the depth is not measurable because it is only a wet stain, use the following estimated depths:
o Depth of a wet stain on concrete surface: 0.0026' (1/32") o Depth of a wet stain on asphalt surface: 0.0013' (1/64") These were determined to be a reasonable depth to use on the respective surfaces through a process of trial and error. One gallon of water was poured onto both asphalt and concrete surfaces. Once the area was determined as accurately as possible, different depths were used to determine the volume of the wetted footprint until the formula produced a result that (closely) matched the one gallon spilled. This process was repeated several times.

Depth:

Contained or “Ponded”
sewage
Measure actual depth of standing sewage whenever
possible. When depth varies, measure several representative sample points and determine the average. Use that number in your formula to determine volume.

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Volume Estimation Computations & Examples E-1: Page 2
Miscellaneous Computations & Examples (continued)
Area/Volume of a Rectangle or Square
Formula: Length x Width x Depth = Volume in cubic feet
25' X 12' X 0.14' = 42 Cubic Feet
Length Width Depth Volume
Multiply the volume by 7.48 gallons to determine the volume in gallons:
42 ft3. X 7.48 = 314.16 gallons
Volume gal/ft3 Volume
Area/Volume of a Right Triangle
Formula: Base x Height x Depth = Volume in cubic feet

0.5 X 45' X 10' X 0.05' x 7.48 = 84.15 gallons
Base Height Depth gal/ft3 Volume
Area/Volume of a Circle
Formula: π x r2 x Depth = Volume in cubic feet
The radius is ½ the diameter, which is a straight line passing from side to side through the center of a circle.

13.5' X 13.5' X 3.14 X 0.06' x 7.48 = 256.8 gallons
Radius Radius π Depth gal/ft3 Volume
12'
25'
Depth = 1 ¾"
10'
45'
Depth = 5/8"
For isosceles triangles
(two sides are equal lengths),
break it down into two right triangles
and compute area as you would for
the right triangle.

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Volume Estimation: Eyeball Estimation Method (for ≤100 gallons) E-2 Spill Date: Location:

This method is invalid if surface conditions are wet (due to rainfall, irrigation, etc.) DO NOT use this method under these circumstances.

STEP 1: Position yourself so that you have a vantage point where you can see the entire spill.

STEP 2: Imagine one or more buckets or barrels of water tipped over. Depending on the size of the spill, select a bucket or barrel size as a frame of reference. It may be necessary to use more than one bucket/barrel size.

STEP 3: Estimate how many of each size bucket or barrel it would take to make an equivalent spill. Enter those numbers in Column A of the row in the table below that corresponds to the bucket/barrel sizes you are using as a frame of reference.

STEP 4: Multiply the number in Column A by the multiplier in Column B. Enter the result in Column C.

A B C
Size of bucket(s)/barrel(s) How many of this size? Multiplier Estimated Spill Volume x 1 gallon
x 5 gallons
x 32 gallons
x 55 gallons
x gallons
Estimated Total Spill Volume:

STEP 5: List assumptions made to arrive at the total estimated spill volume:

STEP 6: Take photographs. Where are photographs stored? The following photos must be taken: appearance point closest to the failure point, extent of the spill and spill boundaries, the entry location of each drainage conveyance system the sewage entered, all discharge points into surface waters (Category 1 spill only), and location(s) of clean up.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Volume Estimation: Duration and Flow Rate Comparison Method E-3: Page 1 Spill Date: Location:

Compare the spill to reference images below to estimate flow rate of the current spill. NOTE: If the manhole cover in your picture has vent holes or more than one pry hole, do not use these pictures for comparison.

Describe which reference photo(s) were used and any additional factors that influenced applying the reference photo data to the actual spill:

Flow Rate Based on Photo Comparison: gallons per minute (gpm) (Continued on next page)
Near View
Far View
Near View
Far View
5 gpm 25 gpm 50 gpm 100 gpm
150 gpm 200 gpm 300 gpm 400 gpm
SSCSC Manhole Spill Gauge: CWEA Southern Section Collections Systems Committee. Spill Simulation courtesy of Eastern Municipal Water District.

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Volume Estimation: Duration and Flow Rate Comparison Method E-3: Page 2 Start Date and Time 1.

End Date and Time 2.

Spill Event Total Time Elapsed
(subtract Line 1 from Line 2. Show in minutes.)

3. Average Flow Rate GPM
(Account for diurnal flow pattern)

4. Total Volume Estimated Using Duration and
Flow Method (Line 3 x Line 4)

5. List assumptions made to arrive at the total estimated spill volume:

Take photographs. Where are photographs stored?
The following photos must be taken: appearance point closest to the failure point, extent of the spill and spill boundaries, the entry location of each drainage conveyance system the sewage entered, all discharge points into surface waters (Category 1 spill only), and location(s) of clean up.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Volume Estimation: Area/Volume Method E-4: Page 1
Spill Date: Location:

STEP 1: Describe spill area surface: c Asphalt c Concrete c Dirt c Landscape c Inside Building c Other:

STEP 2: Draw/sketch the outline (footprint) of the spill. Then break the footprint down into recognizable shapes.

Label/identify each sketch outline area (Area 1, Area 2, etc.) See example below.

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Volume Estimation: Area/Volume Method E-4: Page 2
STEP 3: Calculate the area of the footprint by completing the table below for each area in Step 2. Measure actual depth of standing sewage whenever possible. When depth varies, measure several representative sample points and determine the average. If the depth is not measurable because it is only a wet stain, use the following estimated depths: Depth of a wet stain on concrete surface: 0.0026' (1/32") Depth of a wet stain on asphalt surface: 0.0013' (1/64") Rectangles:

Area #
(from
labeled
drawing)
Length X Width X % Wet = Area X Depth = Volume
à ft X ft X % = ft2 X ft = ft3
à ft X ft X % = ft2 X ft = ft3
à ft X ft X % = ft2 X ft = ft3
Circles:

Area #
(from
labeled
drawing)
π X Radius X Radius X % Wet = Area X Depth = Volume
à 3.14 X ft X ft X % = ft2 X ft = ft3
à 3.14 X ft X ft X % = ft2 X ft = ft3
à 3.14 X ft X ft X % = ft2 X ft = ft3
STEP 4: If part of the spill is in a gutter, use the formula below to calculate the volume:

X X X 0.5 = ft3
Length Depth Width Volume
STEP 5: Calculate Total Spill Volume (sum of all of the volume calculations above): ft3 STEP 6: Convert from cubic feet to gallons by multiplying by 7.48. ft3 x 7.48 gallons = gallons
spill volume in cubic feet Total estimated volume
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Volume Estimation: Area/Volume Method E-4: Page 3
STEP 7: List assumptions made to arrive at the total estimated spill volume. Adjust estimation up for moderate to severe cracking and/or roughness of surface (General Rule 20% to 40%):

STEP 8: Take photographs. Where are photographs stored? The following photos must be taken: appearance point closest to the failure point, extent of the spill and spill boundaries, the entry location of each drainage conveyance system the sewage entered, all discharge points into surface waters (Category 1 spill only), and location(s) of clean up.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Volume Estimation: Upstream Connections Method E-5
Spill Date: Location:

Attach and/or reference system map and identify location of spill and buildings contributing to spill.

STEP 1: Determine the number of Equivalent Dwelling Units (EDUs) for this spill: EDUs NOTE: A single-family residential home = 1 EDU. For commercial buildings, refer to agency documentation.

STEP 2: This volume estimation method utilizes daily usage data based on flow rate studies of several jurisdictions in California. Column A shows how an average daily usage of 180 gallons per day is distributed during each 6-hour period. Adjust the table as necessary to accurately represent the actual data.

Complete Column E by entering the number of minutes the spill was active during each 6-hour time period.

Multiply column D times Column E to calculate the gallons spilled during each time period. Add the numbers in Column F together for the Total Estimated spill Volume per EDU.

Time Period
Flow Rate Per EDU Spill

A B C D E F
Gallons
per
Period
Hours
per
period
A÷B =
Gallons
per Hour
C÷60 =
Gallons per
Minute
Minutes spill
was active
during period
D × E = Gallons
spilled per period
6am-noon 72 6 12 0.20
noon-6pm 36 6 6 0.10
6pm-midnight 54 6 9 0.15
midnight-6am 18 6 3 0.05
Total Estimated Spill Volume per EDU:

STEP 3: Multiply the Estimated spill Volume per EDU from Step 2 by the number of EDUs from Step 1. gallons X = gallons
Volume per EDU # of EDUs Estimated spill Volume
STEP 4: Adjust spill volume as necessary considering other factors, such as activity that would cause a fluctuating flow rate (doing laundry, taking showers, etc.). Explain rationale below and indicate adjusted spill estimate (attach a separate page if necessary).

Total Estimated spill Volume: gallons
STEP 7: List assumptions made to arrive at the total estimated spill volume:

STEP 8: Take photographs. Where are photographs stored? The following photos must be taken: appearance point closest to the failure point, extent of the spill and spill boundaries, the entry location of each drainage conveyance system the sewage entered, all discharge points into surface waters (Category 1 spill only), and location(s) of clean up.

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Drawing Worksheet E-6
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 INSERT TAB:

Tab F: Backup Forms
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Backup Forms Checklist (Backup Only) F-1
Complete this form only if there is a backup into a residence or business.

Instructions to Sewer Crew:

1. Tear forms listed below out of this workbook and hand to customer. Leave this page (F-1) and the First Responder Form (F-2) in this workbook, do not give to Customer.

2. Check each item that was provided to the customer.

3. Have customer sign below.

Forms/Documents:
o Form F-3: Customer Information Letter
o Form F-4: Your Responsibilities as a Private
Property Owner
Forms Provided to:

Customer Name
Customer Signature
Date
Check here if customer declines to sign: o
Formularios / Documentos:
o F-3: Carta de Información del Cliente
o F-4: Sus Responsabilidades Como Propietario
de Una Propiedad Privad
Formularios Proporcionados a:

Nombre del cliente
Firma del cliente
Fecha
Marque aquí si el cliente se niega a firmar: o
Forms Provided by:

Employee Name Initial Date
Instructions to Streets, Sewer, and Forestry Supervisor:

Send photos, including the photos of the documents given to the customer, and a copy of the First Responder form to the Human Resources Director/Risk Manager.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
First Responder Form (Backup Only) F-2: Page 1
Complete this form only if there is a backup into a residence or business.

Fill out this form as completely as possible.

Ask customer if you may enter the home. If so, take photos of all damaged and undamaged areas.

PERSON COMPLETING THIS FORM:

Name:

Title:

PHONE:

DATE:

TIME:

TIME STAFF ARRIVED ON-SITE:

RESIDENT NAME:
o Owner
o Renter

IF RENT,
PROPERTY MANAGER(S):

OWNER:

ADDRESS:

PHONE:

ADDRESS:

PHONE:
# OF PEOPLE LIVING AT RESIDENCE:

Approximate Age of Home: # of Bathrooms: # of Rooms Affected:

Numbers of Photographs or Videos Taken:
o Photographs ________ o Video ________
o Customer did not provide or allow photographs
Where are photos/video stored?
Is nearest upstream manhole visibly higher than the drain/fixture that spilled? o Yes o No Does property have a Property Line Cleanout or BPD? o Cleanout o BPD o Neither o Unknown If yes, was the Property Line Cleanout/BPD operational at the time of the spill? o Yes o No o Unknown Have there ever been any previous spills at this location? o Yes o No o Unknown Has the resident had any plumbing work done recently?
If YES, please describe:
o Yes o No o Unknown
GO TO PAGE 2
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First Responder Form (Backup Only) F-2: Page 2

LIVABILITY ASESSMENT
• Is there insufficient non-contaminated living space for residents to stay during cleaning including a functioning and non-contaminated bathroom? o Yes o No
• Are there any residents that are pregnant, are children, have severe allergies/asthma, have respiratory problems, and/or have a compromised immune system? o Yes o No
• Is the area a childcare or extended care facility? o Yes o No • Is the food preparation area contaminated? o Yes o No • Is it currently after 8pm, or if it is currently before 8pm will the cleaning and disinfection be completed after 10pm? o Yes o No
If the answer to any of the questions above is YES, advise the resident to consider temporarily relocating while the living area is cleaned.

SANITARY SEWER LINE BLOCKAGE LOCATION

PLEASE CHECK THE BOXES THAT
DESCRIBE YOUR OBSERVATIONS:

On the diagram below, place an X where in the mainline or lateral you believe the problem occurred.

Building Cleanout Was:
o Non-Existent
o Full
o Empty
Property Line Cleanout was:
o Non-Existent
o Full
o Empty
Did sewage go under buildings? ☐ Yes ☐ No ☐ Unsure
Recommended Follow-Up Action(s):

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Customer Information Letter (Backup Only) F-3 (English) Dear Property Owner:

We recognize that sewer backup incidents can be stressful and require immediate response while all facts concerning how an incident occurred are still unknown. Rest assured that we do all we can to prevent this type of event from occurring in the first place. Nevertheless, occasionally there may be facts that impact the sewer lines causes a backup into homes immediately upstream of the blockage. At this time the City is investigating the cause of this incident.

If the City is found to be responsible for the incident, we are committed to cleaning and restoring your property, and to protecting the health of those affected during the remediation process. The cleaning contractor provided by the City has been selected because of their adherence to established protocols that are designed to assure to all parties thorough, cost-effective and expeditious cleaning services. You also have the right to select your own cleaning contractor, but the City does not guarantee payment of fees/expenses incurred and reserves the right to dispute fees/expenses deemed not usual and customary.

Depending on the extent of the backup, our Sewer Crew may advise you to consider relocating temporarily while the living area is cleaned. In that case, if the City is found to be responsible for the backup, you may submit a claim for reimbursement of reasonable lodging for one night. Additional lodging and other expenses may be considered as part of your claim.

File your claim with City of Gilroy Risk Management as soon as practical. The California Government Code Sections 900-960 requires filing a claim and outlines specific timelines and notice procedures that must be followed. You may obtain a claim form from City of Gilroy Risk Management at 7351 Rosanna Street, Gilroy, CA 95020; 408-846- 0228; [email protected].

Please submit details, photos, and costs with should you file a claim. You may also obtain information regarding the filing of a claim at:
https://www.cityofgilroy.org/966/How-to-File-a-Claim.

Sincerely,
The City of Gilroy
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Customer Information Letter (Backup Only) F-3 (Spanish) Estimado Propietario:

Reconocemos que los incidentes de la red de alcantarillado pueden ser estresantes y requieren una respuesta inmediata, mientras que todos los hechos relacionados con la forma en que ocurrió el incidente aún son desconocidos.

Tenga la seguridad de que haremos todo lo posible para evitar que este tipo de evento ocurra en primer lugar. Sin embargo, ocasionalmente las raíces de los árboles u otros residuos en las líneas de alcantarillado causan una copia de seguridad en los hogares inmediatamente antes del bloqueo. En este momento el ciudad está investigando la causa de este incidente.

Si se determina que el ciudad es responsable del incidente, nos comprometemos a limpiar y restaurar su propiedad, ya proteger la salud de las personas afectadas durante el proceso de remediación.

El contratista de limpieza proporcionado por el Distrito ha sido seleccionado debido a su adhesión a los protocolos establecidos que están diseñados para garantizar a todas las partes servicios de limpieza exhaustivos, rentables y rápidos. También tiene derecho a seleccionar su propio contratista de limpieza, pero el ciudad no garantiza el pago de los honorarios / gastos incurridos y se reserva el derecho de disputar los honorarios / gastos que se consideren no habituales y habituales.

Dependiendo de la extensión de la copia de seguridad, nuestro Sewer Crew puede aconsejarle que considere reubicarse temporalmente mientras se limpia la sala de estar. En ese caso, si se determina que el ciudad es responsable de la copia de seguridad, puede presentar una reclamación de reembolso de alojamiento razonable por una noche. El alojamiento adicional y otros gastos pueden discutirse con el Human Resources Director/Risk Manager.

Presente su reclamo ante la Administración de Riesgos de la Ciudad de Gilroy tan pronto como sea posible. Las Secciones 900-960 del Código de Gobierno de California requieren la presentación de un reclamo y describen plazos específicos y procedimientos de notificación que deben seguirse. Puede obtener un formulario de reclamo de la Administración de Riesgos de la Ciudad de Gilroy en 7351 Rosanna Street, Gilroy, CA 95020; 408-846-0228; [email protected].

Envíe detalles, fotos y costos si presenta un reclamo. También puede obtener información sobre la presentación de un reclamo en:
https://www.cityofgilroy.org/966/How-to-File-a-Claim.

Sinceramente,
The City of Gilroy
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Your Responsibilities as a Private Property Owner (Backup Only) F-4: Page 1 How a Sewer System Works
A property owner's sewer pipes are called service laterals and are connected to larger local main and regional trunk lines. Service laterals run from the connection at the home to the connection with the public sewer. Depending on your location, a portion of the lateral is the responsibility of the property owner and must be maintained by the property owner.

How do sewage spills happen?
Sewage spills occur when the wastewater in
underground pipes spills through a manhole, cleanout,
or broken pipe. Most spills are relatively small and can be stopped and cleaned up quickly, but left unattended
they can cause health hazards, damage to homes and
businesses, and threaten the environment, local
waterways, and beaches. Common causes of sewage
spills include grease build-up, tree roots,
broken/cracked pipes, missing or broken cleanout
caps, undersized sewers, and groundwater/rainwater
entering the sewer system through pipe defects and
illegal connections.

Prevent most sewage backups with a Backflow Prevention Device This type of device can help prevent sewage backups into homes and businesses. If you don’t already have a Backflow Prevention Device, contact a professional plumber or contractor to install one as soon as possible.

Is my home required to have a backflow prevention device? Section 710.1 of the Uniform Plumbing Code (U.P.C.) states: “Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type of backwater valve.” The intent of Section 710.1 is to protect the building interior from mainline sewer spills or surcharges.

Additionally, U.P.C. 710.6 states:
“Backwater valves shall be located where
they will be accessible for inspection and
repair at all times and, unless
continuously exposed, shall be enclosed
in a masonry pit fitted with an
adequately sized removable cover.”
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Your Responsibilities as a Private Property Owner (Backup Only) F-4: Page 2 Spill cleanup inside the home:

For large clean ups, a professional cleaning firm should be contacted to clean up impacted areas, If you hire a contractor, it is recommended to get estimates from more than one company. Sometimes, homeowner’s insurance will pay for the necessary cleaning due to sewer backups. Not all policies have this coverage, so check with your agent.

If you decide to clean up a small spill inside your home, protect yourself from contamination by observing the following safety measures. Those persons whose resistance to infection is compromised should not attempt this type of clean up.

Other Tips:
• Keep children and pets out of the affected area.
• Turn off heating/air conditioning systems
• Wear rubber boots, rubber gloves, and goggles during cleanup. • Discard items that cannot be washed and disinfected (such as: mattresses, rugs, cosmetics, toys, etc.)
• Remove and discard drywall and insulation that has been contaminated with sewage or flood waters. • Thoroughly clean all hard surfaces (such as flooring, concrete, molding, wood and metal furniture, countertops, appliances, sinks and other plumbing fixtures) with hot water and laundry or dish detergent. • Help the drying process with fans, air conditioning units, and dehumidifiers. • After completing cleanup, wash your hands with soap and water. Use water that has been boiled for 1 minute (allow the water to cool before washing your hands) OR use water that has been disinfected (solution of 1/8 teaspoon of household bleach per 1 gallon of water). Let it stand for 30 min. If water is cloudy, use ¼ teaspoon of household bleach per 1 gallon of water.
• Wash clothes worn during cleanup in hot water & detergent (wash apart from uncontaminated clothes). • Wash clothes contaminated with sewage in hot water and detergent. Consider using a Laundromat until your onsite wastewater system has been professionally inspected and serviced.

Spill cleanup outside the home:
• Keep children and pets out of the affected area until cleanup has been completed. • Wear rubber boots, rubber gloves, and goggles during cleanup of affected area. • Clean up sewage solids (fecal material) and place in properly functioning toilet or double bag and place in garbage container.
• On hard surfaces areas such as asphalt or concrete, it is safe to use a 2% bleach solution, or ½ cup of bleach to 5 gallons of water, but don’t allow it to reach a storm drain as the bleach can harm the environment. • After cleanup, wash hands with soap and water. Use water that has been boiled for 1 minute (allow to cool before washing your hands) OR use water that has been disinfected (solution of 1/8 teaspoon of household bleach per 1 gallon of water). Let it stand for 30 min. If water is cloudy, use ¼ teaspoon of household bleach per 1 gallon of water.
• Wash clothes worn during cleanup in hot water and detergent (wash apart from uncontaminated clothes). • Wash clothes contaminated with sewage in hot water and detergent. Consider using a laundromat until your onsite wastewater system has been professionally inspected and serviced.

Seek immediate
attention if you
become injured or ill
during or after the
cleanup process.

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Sus Responsabilidades Como Propietario de Una Propiedad Privada F-4 Página 1: en español Cómo funciona un sistema de alcantarillado
Las tuberías de alcantarillado de un propietario se denominan servicios laterales y están conectadas a líneas troncales principales y regionales locales más grandes. Los servicios laterales se ejecutan desde la conexión en el hogar hasta la conexión con el sistema de alcantarillado del Distrito. Estos laterales son responsabilidad del propietario y deben ser mantenidos por el propietario.
¿Cómo ocurren los derrames de aguas residuales?
Los derrames de aguas residuales ocurren cuando las aguas residuales en las tuberías subterráneas se desbordan a través de un pozo de acceso, limpieza o tubería rota. La mayoría de los derrames son relativamente pequeños y se pueden
detener y limpiar rápidamente, pero si se los deja
desatendidos, pueden causar riesgos para la salud, dañar viviendas y negocios y amenazar el medio ambiente, las vías fluviales locales y las playas. Las causas comunes de
derrames de aguas residuales incluyen acumulación de
grasa, raíces de árboles, tuberías rotas / agrietadas, tapas de limpieza faltantes o rotas, alcantarillas de tamaño
insuficiente y aguas subterráneas / pluviales que ingresan al sistema de alcantarillado a través de defectos en las tuberías y conexiones ilegales.

Prevenga la mayoría de las copias de seguridad de aguas residuales con un dispositivo de prevención de reflujo Este tipo de dispositivo puede ayudar a prevenir las copias de seguridad de aguas residuales en hogares y empresas.

Si aún no tiene un dispositivo de prevención de reflujo, comuníquese con un plomero o contratista profesional para instalar uno lo antes posible.
¿Se requiere que mi hogar tenga un dispositivo de prevención de reflujo? La Sección 710.1 del Código Uniforme de Plomería (UPC) establece: “Los accesorios de tuberías de drenaje que tienen llantas de nivel de inundación ubicadas debajo de la elevación de la siguiente boca de alcantarilla corriente arriba o la alcantarilla privada que atiende dicha tubería de drenaje deben protegerse contra el reflujo de aguas residuales al instalar un tipo de válvula de evacuación ”. La intención de la Sección 710.1 es proteger el interior del edificio de los desagües o sobrecargas de alcantarillado de la línea principal.

Adicionalmente, U.P.C. 710.6 dice: Las válvulas de aguas residuales deben ubicarse donde puedan ser inspeccionadas y reparadas en todo momento y, a menos que estén continuamente expuestas, deben estar encerradas en un pozo de mampostería equipado con una cubierta removible del tamaño adecuado.

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Sus Responsabilidades Como Propietario de Una Propiedad Privada F-4 Página 2: en español Limpieza de derrames dentro de la casa:

Para grandes limpiezas, se debe contactar a una empresa de limpieza profesional para limpiar las áreas afectadas. Si contrata a un contratista, se recomienda obtener estimaciones de más de una compañía. A veces, el seguro del propietario de vivienda pagará la limpieza necesaria debido a las reservas de alcantarillado. No todas las pólizas tienen esta cobertura, así que consulte con su agente.

Si decide limpiar un pequeño derrame dentro de su casa, protéjase de la contaminación observando las siguientes medidas de seguridad. Aquellas personas cuya resistencia a la infección esté comprometida no deben intentar este tipo de limpieza.

Otros consejos:
o Mantenga a los niños y mascotas fuera del área afectada. o Apague los sistemas de calefacción / aire acondicionado o Use botas de goma, guantes de goma y gafas durante la limpieza. o Deseche los artículos que no se puedan lavar y desinfectar (como: colchones, alfombras, cosméticos, juguetes, etc.)
o Retire y deseche los paneles de yeso y el aislamiento contaminado con aguas residuales o aguas de inundación.
o Limpie a fondo todas las superficies duras (como pisos, concreto, molduras, muebles de madera y metal, mostradores, electrodomésticos, fregaderos y otros accesorios de plomería) con agua caliente y ropa o detergente para platos.
o Ayude al proceso de secado con ventiladores, unidades de aire acondicionado y deshumidificadores. o Después de completar la limpieza, lávese las manos con agua y jabón. Use agua que haya sido hervida por 1 minuto (deje que el agua se enfríe antes de lavarse las manos) O use agua que haya sido desinfectada (solución de 1/8 cucharadita de lejía doméstica por 1 galón de agua). Dejar reposar durante 30 min. Si el agua está turbia, use ¼ cucharadita de lejía de uso doméstico por 1 galón de agua. o Lave la ropa usada durante la limpieza con agua caliente y detergente (lave aparte de la ropa no contaminada).
o Lavar la ropa contaminada con aguas residuales en agua caliente y detergente. Considere usar una lavandería hasta que su sistema de aguas residuales en el sitio haya sido inspeccionado y reparado profesionalmente.

Limpieza de derrames fuera de la casa:
o Mantenga a los niños y las mascotas fuera del área afectada hasta que se haya completado la limpieza. o Use botas de goma, guantes de goma y gafas protectoras durante la limpieza del área afectada. o Limpie los sólidos de alcantarillado (material fecal) y colóquelos en un inodoro o bolsa doble que funcione correctamente y colóquelos en un contenedor de basura.
o En áreas de superficies duras como el asfalto o el concreto, es seguro usar una solución de lejía al 2%, o ½ taza de lejía a 5 galones de agua, pero no permita que llegue a un drenaje de tormenta ya que la lejía puede dañar la ambiente.
o Después de la limpieza, lávese las manos con agua y jabón. Use agua que haya sido hervida por 1 minuto (deje enfriar antes de lavarse las manos) O use agua que haya sido desinfectada (solución de 1/8 cucharadita de cloro por 1 galón de agua). Dejar reposar durante 30 min. Si el agua está turbia, use ¼ cucharadita de lejía de uso doméstico por 1 galón de agua. o Lave la ropa usada durante la limpieza con agua caliente y detergente (lave aparte de la ropa no contaminada).
o Lavar la ropa contaminada con aguas residuales en agua caliente y detergente. Considere usar una lavandería hasta que su sistema de aguas residuales en el sitio haya sido inspeccionado y reparado profesionalmente.

Busque atención
inmediata si se lesiona
o se enferma durante
o después del proceso
de limpieza.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 INSERT TAB:

Tab G: SAMPLING SOP
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Table of Contents G-1
Table of Contents (this page)...........................................G-1 Specifications & Requirements ......................................... -2 Introduction & Overview .................................................. -3 Equipment & Safety .......................................................... -4 Before Sampling ................................................................ -5 Surface Water Sampling ................................................... -6 After Sampling .................................................................. -7 Attachment E1 Summary .................................................. -8 Quick-Reference Guide ..................................................... -9 Surface Water Sampling Worksheet................................ -10 Surface Water Sample Chain of Custody Record............. -11 Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Specifications & Requirements G-2 Process: Surface Water Sampling
Personnel Required: • 1
Personal Protective
Equipment: • Safety Glasses
• Rubber Gloves
License Required: • None required
Common Hazards: • Drowning or submersion
• Slip, trip, and fall
• Exposure
• Insect/Wildlife
• Weather
• Boat/Watercraft
• Physical Strain or Injury
Safe Operation Guidelines: • Wear proper PPE
• Be aware of currents, depth, and unstable banks
• Do not eat, drink or smoke while sampling
• Avoid cross-contamination
• Label all samples clearly
Lab Contact Information Monterey Analytics
4 Justin Court, Suite D
Monterey, CA 93940
(831) 375-MBAS (6227)
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Introduction & Overview G-3: Page 1 Surface water sampling helps to ensure water quality by identifying areas of concern and potential failure mechanisms that may impact surface waters or stormwater infrastructure in the service area.

Minimize Impacts
Surface water sampling allows for the proper evaluation of potential contamination following a sanitary sewer
spill.

Having a thorough understanding of the service area and its various challenges can help responders be better prepared to minimize the impacts of a spill on local surface waters and stormwater infrastructure.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Introduction & Overview G-3: Page 2 Before beginning the sampling process there are several important steps that must be taken to ensure that the samples collected are representative of the water quality in the area being monitored.

These steps include:

1. Gathering the necessary equipment:
• The surface water sampling worksheet, chain of custody, sampling pole, sample containers, and PPE are essential tools that must be prepared and organized before sampling can begin.

2. Donning appropriate personal protective equipment:
• To protect against exposure to potentially harmful contaminants and the sulfuric acid preservative in the Ammonia sample bottles, workers must wear gloves, eye protection, and other personal protective equipment, as needed.

3. Determining the point of spill entry into the waterway:
• It's important to locate the point at which any spill entered the waterway in order to collect the required samples: point of entry into the surface water, downstream, and upstream.

The approximate stream velocity and time since the spill flow to the surface water stopped should be determined to calculate the appropriate distance to move downstream to collect:

1. The downstream sample,

2. Move upstream to collect the spill entry point sample,

3. And move further upstream to collect the upstream or reference sample.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Equipment & Safety G-4
Personal Protective Equipment
Personal Protective Equipment (PPE) should be used when conducting surface water sampling. The PPE that is required includes:
• Gloves
• Eye Protection
Sampling Equipment
In addition to PPE, other sampling equipment is necessary:
• Sample Bottles & Containers
• Cooler with Ice, or Ice packs
• Sampling Pole, or
• Rope & Bucket
The use of PPE and proper sampling equipment is important for the safety of the sampler and for ensuring accurate and reliable sampling results.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Before Sampling G-5: Page 1 Test Type
Sample Locations
Spill Area Downstream
of Spill
Upstream of
Spill
Drainage
Conveyance System
(as applicable)
Ammonia/
Nitrogen
1 pint with
H2SO4
1 pint with
H2SO4
1 pint with
H2SO4
1 pint with H2SO4
Fecal Coliforms 1 bacti bottle 1 bacti bottle 1 bacti bottle 1 bacti bottle e. Coli 1 bacti bottle 1 bacti bottle 1 bacti bottle 1 bacti bottle Water samples must be collected in different bottles for various tests and then transported in a cooler with ice packs.

For each of the three sampling sites (plus drainage conveyance system as applicable), one bottle is needed for ammonia/nitrogen testing, and one bacti bottle is required for each type of bacteria being tested.

Additionally, one field blank sample is required for each constituent. Field blank sample bottles are filled with sterilized water during sampling to serve as quality control on the sampler's sampling methods.

Since the sample bottles contain sterilized water, bacteria and ammonia should not be present in the water. If the lab analysis shows the presence of bacteria or ammonia, it indicates that the sampler's method may not have been correct, and the other bacti samples may have been contaminated.

Surface Water Sampling – Preparation
Step 1 of 4
Prepare the cooler for sample storage by adding an instant ice pack, ice pack, or ice to keep the samples cold during transport to the lab.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Before Sampling G-5: Page 2 Step 2 of 4
Identify the point of the spill where the wastewater entered the waterway and take a photograph of this location with a reference point in the picture.

Step 3 of 4
Begin completing the Surface Water Sampling Worksheet
to record the relevant information about the sampling
location and collected samples.

Step 4 of 4
To determine which direction is upstream and
downstream for sample collection, you should observe the direction of water movement from the point of discharge.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Surface Water Sampling G-6: Page 1 The purpose of this procedure is to provide a standard for collecting surface water samples to assess water quality, avoid contamination, and ensure that samples can be accurately labeled and transported to the lab for processing.

Notes:

Start by collecting downstream samples first.

In order to determine where the downstream sample is located in a stream, creek, or river, you will need to determine the velocity of the surface water. This can be accomplished through the use of a stream velocity meter or by measuring off a distance along the bank and timing how long it takes for a floating object to travel that distance.

Use the formula on the Surface Water Sampling Worksheet to calculate the stream velocity. Once known, determine the time that the spill has not been entering the surface water.

This, along with the stream velocity, will inform you how far downstream you need to travel to collect the downstream sample.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Surface Water Sampling G-6: Page 2 Step 1 of 9
Don the appropriate PPE from your sampling kit. This
should include latex or rubber gloves and safety glasses.

Step 2 of 9
Label all samples with their location (refer to table on G-8), your name, and the date and time they are collected.

Record this information on the surface water sampling
worksheet.

Step 3 of 9
Take photos of each sample location and ensure a reference point is visible in each photo. In the photo (left), the dock and sign serve as excellent reference points.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Surface Water Sampling G-6: Page 3 Step 4 of 9
Remove the seal from the Ammonia sample container just
prior to collecting your sample, as applicable.

To reduce the likelihood of contamination, remove the cap immediately before collecting each sample.

Step 5 of 9
To prevent sample contamination, do not allow the inside of the cap to touch anything while you are obtaining the sample.

Step 6 of 9
When filling the ammonia nitrogen sample bottle, don't
overfill it because it contains sulfuric acid. Sweep the bottle or dipper upstream and out of the water without disturbing the bottom sediment. Remember to leave the sulfuric acid in the bottle and avoid skin contact.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Surface Water Sampling G-6: Page 4 Step 7 of 9
Fill the Ammonia sample bottle to the fill line, and
immediately replace the cap. If there is no clear fill line, fill it to the “neck” of the bottle.

Step 8 of 9
Open the Bacteria sample container and allow water to
gently flow into the bottle just to the fill line.

Repeat the sampling process for all sample points, and provide a “field blank” sample using sterile water, which verifies the quality of the samples.

Step 9 of 9
Place all samples in the cooler on the ice pack. To ensure accurate analysis, the Bacti samples must be transported to the lab within 6 hours of the time of collection.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: After Sampling G-7
Step 1 of 4: Documentation
All samples must be labeled with their location, your name, and the date and time they were collected. Refer to the state requirements found on the last page of this document.

Record this information on the chain of custody form and the surface water sampling worksheet.

Chain of Custody Record Surface Water Sampling Worksheet Step 2 of 4: Contact the Lab
Inform the lab that the following samples require processing: ammonia-nitrogen, total/fecal coliform, and/or e. Coli. Provide any additional information the lab may require.

Step 3 of 4: Transport Samples
Place the samples in the cooler on the ice pack and transport them to the lab within 6 hours of collection time. Complete the chain of custody form and ensure all samples are properly secured during transport.

Step 4 of 4: Post Warning Signs
If directed by your supervisor or the county environmental health division, post warning signs in the affected area. Keep track of sign locations and remove warning signs and lift restrictions only when authorized to do so.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: WDR Attachment E1 Summary G-8 The Enrollee shall collect receiving water samples
at the following locations:

Sampling of Flow in Drainage Conveyance System (DCS) Prior to Discharge Sampling Location Sampling Location Description
DCS-001 A point in a drainage conveyance system before the drainage conveyance system flow discharges into a receiving water.

Receiving Surface Water Sampling (RSW¹)
Sampling Location Sampling Location Description
RSW-001
Point of Discharge
A point in the receiving water where sewage initially enters the receiving water.

RSW-001U
Upstream of
Point of Discharge
A point in the receiving water, upstream of the point of sewage discharge, to capture ambient conditions absent of sewage discharge impacts.

RSW-001D
Downstream of
Point of Discharge
A point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully mixed with the receiving water. ¹The Enrollee must use its best professional judgment to determine the upstream and downstream distances based on receiving water flow, accessibility to upstream/downstream waterbody banks, and size of visible sewage plume.

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling SOP: Quick Reference Guide G-9
Before Sampling:
-Sample Kit
-PPE
Sample Procedure:

After Sampling:

PREPARE PHOTOGRAPH
Take pictures of the
spill point.

PAPERWORK
Begin filling out the
Sample Worksheet
PPE
Put on the required
PPE
LABELS
Begin Labeling the
sample bottles
CAP
Keep the sample bottle
cap clean
SAMPLE
Take samples at each
location

FIELD BLANK
Use sterile water for a
field blank sample.

STORE SAMPLE
Place samples into
the cooler

PAPERWORK PAPERWORK
Complete the Chain
of Custody form
Complete the Sample
Worksheet
NOTIFY
Inform the Lab of the
incoming samples

DELIVER
Deliver the sampled
to the lab

POST SIGNS
Post warning signs
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Surface Water Sampling Worksheet G-10
Sample Date: Sample Time: ☐AM ☐PM Sample Location:

Sampler(s)’ Name(s):

Sampler(s)’ Signature(s):

What is being sampled?
☐Stream ☐Pond ☐Lake ☐River ☐Other:

If the spill was not actively entering the surface water during sampling:

A. Stream Velocity: CFS
B. How Long Has the spill NOT Been Entering the Surface Water? minutes X 60sec/min = seconds
C. How Far Downstream Did You Travel To Collect The SOURCE Sample? (A X C = Feet): feet
D. Explain why you travelled a different distance, if you did, to collect the source sample:

Weather at time of sampling:
☐Sunny ☐Overcast ☐Sprinkling ☐Raining
Was the spill actively entering the surface water during Sampling? ☐YES ☐NO If no, complete A-D in the gray box to the right.

Sample Location Sample
Label
# of
Samples*
Photo ID# of Sample
Location Visual Observations and/or Interferences
Drainage
Conveyance
DCS-001 3
Source* RSW-001 3
Upstream* RSW-001U 3
Downstream* RSW-001D 3
Field Blank* Field Blank 3
* Collect duplicate bacteria samples at each location

FINISH CHECKLIST NOTES / OBSERVATIONS
o All Samples Labeled with:
o Date: a six-digit number indicating the year, month, day of collection o Time: a four-digit number indicating military time of collection. e.g. 0954 o Sample Location: Drainage Conveyance, Source, Upstream, or Downstream o Samplers: each sampler is identified
o Parameter/preservative: analysis to be conducted for sample/sample preservation o Chain of Custody Completed
o Samples on Ice in Cooler
o Pictures Taken of Each Sample Location and the Photo ID/# Noted Above o All Sampling Equipment Collected
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Clear entire form Clear, keep Client Header
MBAS Order ID:

Chain of Custody / Analysis Request
*LAB USE ONLY*

1. □ DW □ WW □ Soil
□ Other

2. Is there evidence
of chilling? Y / N
N/A < 2hrs

3. Adequate sample
volume? Y / N

4. Was the sample
filtered? Y / N

5. Did bottles agree
with the COC? Y / N
IR Used:

Client / Company Name: Attention: Email Address(es) to Send Report/Invoice: Phone Number:

Project/System Info: System ID: Billing Address: Contract/ P.O. #:

Mark if YES: For Regulatory Reporting? Requires EDT?
MBAS Lab #
Sample Collection
ReceivingTemp (°C)
Coliform Analysis Container
Sample Description Date Time
CL2Residual(mg/L)
RoutineOtherRepeatSpecial# Cont.

Type*Size
HNO3H2SO4NaOHHClNa2S2O3
Printed Name Signature Date Time Comments
Sampled and
Relinquished by:

Received by:

Relinquished by:

Received by:
□ Payment Received Check #: Amount: Date:

Source Code _______
or Client
Sample ID
Requested
Analysis
MBAS_COC_Rev. 3/20
*Container Type: P=Plastic, G=Glass, V=Various
[email protected]
EDT*
G-11 Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 INSERT TAB:

Tab H: POST-SPILL
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Post-Spill Assessment H-1: Page 1

SPILL LOCATION
Spill location name:

Address of spill:

NOTIFICATION AND COMMUNICATION PROCEDURES
Were notification procedures adhered to? ☐ Yes ☐ No
Were notification procedures effective? ☐ Yes ☐ No

RESPONSE PROCEDURES
Were response time goals met? ☐ Yes ☐ No
Were safety procedures adhered to? ☐ Yes ☐ No
Were safety procedures effective? ☐ Yes ☐ No
Were initial response procedures adhered to? ☐ Yes ☐ No Were initial response procedures effective? ☐ Yes ☐ No
Were containment procedures adhered to? ☐ Yes ☐ No
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Post-Spill Assessment H-1: Page 2
RESPONSE PROCEDURES (continued)
Were containment procedures effective? ☐ Yes ☐ No
Were clean up and recovery procedures adhered to? ☐ Yes ☐ No Were clean up and recovery procedures effective? ☐ Yes ☐ No Were sewer back up procedures adhered to? ☐ Yes ☐ No
Were sewer back up procedures effective? ☐ Yes ☐ No
Were chain of custody procedures adhered to? ☐ Yes ☐ No Was failure analysis investigation performed and documented? ☐ Yes ☐ No

REPORTING AND NOTIFICATION PROCEDURES
Were reporting and notification timeline requirements met? ☐ Yes ☐ No Docusign Envelope ID: B7C6A99E-C479-47F2-B2EA-13BE70CE4EC5

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Post-Spill Assessment H-1: Page 3

DOCUMENTATION
Was spill file created? ☐ Yes ☐ No
Was QA/QC performed to ensure field data matched CIWQS data? ☐ Yes ☐ No

RECOMMENDED CHANGES
☐ N/A

ATTENDEES

FACILITATED BY
Date:

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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Collection System Failure Analysis H-2: Page 1

OFFICE USE ONLY
Incident Report # Prepared By
Spill/Backup Information
Cause
Summary of Historical Spills/Backups/Service Calls/Other Problems Date Cause Date Last Cleaned Crew
Records Reviewed By: Record Review Date:

Summary of CCTV Information
CCTV Inspection Date File Name/Number
CCTV File Reviewed By CCTV Review Date
Observations
Go to Page 2
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© 2004-2023 DKF Solutions Group, LLC. All rights reserved. Licensed to City of Gilroy for City use only. 7-28-23 City of Gilroy Spill Emergency Response Plan
Collection System Failure Analysis H-2: Page 2
Recommendations
✓ Type Specific Actions Who is
Responsible?
Completion
Deadline
Who Will Verify
Completion?
No Changes or
Repairs Required n/a n/a n/a n/a
Added sewer to
preventive
maintenance
program
Adjusted
schedule/method
of preventive
maintenance
Enforcement
action against FOG
source
Plan rehabilitation
or replacement of
sewer
Repaired facilities
or replaced defect
Change(s) to Spill
Response
Procedures
Training
Misc.

Comments/Notes:

Reviewed By: Review Date:

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Appendix 7

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1 INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM

POLICIES AND PROCEDURES
Grease Interceptors for commercial cooking
Policy:

Pursuant to SCRWA Ordinance 2024-01 restaurants and other establishments that handle, prepare, or serve food that have the potential to discharge fat, oil, grease (F.O.G) and solids to the sanitary sewer system shall have a grease removal device. A grease removal device, also known as a grease trap or grease interceptor prevents excessive amounts of fat, oil, grease, sand, oil, and/or other solids or semisolids from entering the sanitary sewer system plumbing pipes. F.O.G. can cause sewer blockages, back-ups, slow flow, and other problems for private and public plumbing pipes.

All such food preparation operations shall have a grease trap or grease interceptor sized and installed to serve that business. A plumbing permit is required to install a grease trap or grease interceptor.

Garbage disposals or food grinders are not allowed. Best Management Practices (BMP’s) are to be employed to limit the amount of food waste F.O.G.) which is discharged into the sinks and wastewater plumbing pipes. Food waste is to be scraped off into a food waste bin prior to commencing dishwashing. Residual food waste shall be captured by screens and placed into the trash and/or food waste bin.

Installation of the interceptor shall meet the current edition of the California Plumbing Code and meet standards approved by the Pretreatment Program. Tallow tanks are to be kept closed when not in use and must be maintained clean and orderly and shall be in a covered trash enclosure or a UL listed tank inside of the facility. Under no circumstance can equipment be cleaned out-doors unless an approved wastewater collection and disposal method is used.

Grease interceptors may be of two kinds, one installed inside the food service area commonly called a grease trap, or a large unit installed outside, underground, that is commonly called a grease interceptor. The California Plumbing Code provides standards for the installation of grease traps and grease interceptors. Small under-counter units are suitable for small food preparation, handling or serving establishments (seating under 50). The size of unit is determined by the number of fixtures (drains) connected to it. For large restaurants or fast-food facilities, an underground, outdoor grease interceptor with inspection/sample box is required. In this case all kitchen drains including three compartment sinks, pre-rinse sinks, floor sinks, mop sinks, and/or any other kitchen areas which have the potential to discharge F.O.G. to the sanitary sewer plumbing pipes shall be connected to the grease interceptor. Domestic sewage (e.g., toilets) shall not be plumbed into the interceptor. Food preparation sinks and commercial dishwashing machines are normally not connected to small inkitchen grease traps but they may be connected to large outdoor underground grease interceptors per the California Plumbing Code. In any facility required to have an interceptor, the dishwasher shall be plumbed to the interceptor as a fixture.

For sizing the following may be used:

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2 INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM

POLICIES AND PROCEDURES
Grease Interceptors for commercial cooking
Minimum Size Description of Food Facility
40 lb trap. Small food establishments that do not serve meals or have less than 20 seats, single food type service or have only 1 fixture. 50 to 70lb trap Small restaurant, with a seating area, serving meals. 20-50 seats No more than 3 fixtures.
90-100 lb trap Small restaurant with deep or wok frying, 20-50 seats. Other restaurants up to 100 seats. No more than four fixtures 1500-gallon clarifier Fast Food restaurants, Other restaurants up to 200 seats, VARIES 200 + seats, Banquet Only facilities, Food Preparation and Manufacturing Facilities (other than a restaurant)
Sizing other than the minimum may be allowed if:
1) The facility is of intermittent use, and limited food preparation/cooking (reduction of one size), or
2) If a calculation is provided for fixtures, including flow rates and manufacture's specification. 3) If a menu is restricted to foods which do not generate F.O.G. 4) Alternate means and methods may be considered for review.

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City of Gilroy Chemical Control Program
7351 Rosanna Street, Gilroy, CA 95020
(408) 846-0430 • Fax: (408) 846-0429

GREASE TRAP / INTERCEPTOR MAINTENANCE LOG
Facility Name: Address:

Contact Person: Phone:

Type of Business:
1 2 3 4 5
DATE

TRAP WAS

CLEANED

WHERE DID THE GREASE GO
(DUMPSTER, GREASE HAULER, TALLOW
SERVICE, ETC.)

GREASE REMOVED BY
(PERSON’S NAME)

QUANTITY

REMOVED
INITIALS (circle)
Lbs. or
Gallons

POST THIS PAPER IN A PLASTIC SLEEVE ON THE WALL NEAR THE GREASE TRAP, PROTECTED FROM FOOD, WATER OR GREASE CONTAMINATION.

DIRECTIONS ON BACK 

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City of Gilroy Chemical Control Program
7351 Rosanna Street, Gilroy, CA 95020
(408) 846-0430 • Fax: (408) 846-0429
A grease trap (grease interceptor) is a box located near or under your sink on/in the floor. It traps/intercepts the grease when you wash your dishes and cooking utensiles so that the grease doesn’t go into the sanitary sewer. If you have a large grease interceptor, it is outside underground.

The grease trap / interceptor shall be checked and cleaned as needed to prevent grease from overfilling and flowing into the sanitary sewer. Grease can clog pipes and cause sewage to overflow if not cleaned regularly. If you do the cleaning yourself, make sure to place the grease in a heavy plastic bag and seal it before putting it in the dumpster. If you call a grease removal company to service your trap make sure you keep a receipt from them. Also make sure that they are licenced grease haulers.

Your permit to discharge wastewater to the sanitary sewer requires that a log is kept of how much grease / solids were removed from your trap. Circle the amount of pounds or gallons removed in Column 4 in this log. Post this log in a plastic sleeve on the wall near the grease trap in a safe area, protected from food, water and grease. Failure to keep a log can cause your permit to be revoked or subject you to fines.

Please help keep the sanitary sewer grease free and protect your environment.

Note: Commercial kitchens are not to use garbage disposals. Please keep a screen in your sink and when you remove solids place them in the trash. This too helps keep the sanitary sewer system working properly.

You may photocopy this document.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Contract to Catholic Charities of Santa Clara County for $103,448 for South County Youth Task Force CommunityBased Services for Youth Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Police Department
Submitted by: Ken Binder, Interim Chief of Police
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services

RECOMMENDATION

1. Award a contract to Catholic Charities of Santa Clara County (CCSCC) in the amount of $103,448 for community-based services for youth, Project No. 25- RFP-PD-524

2. Authorize the City Administrator to execute the contract and associated documents

EXECUTIVE SUMMARY
In January 2012, the City of Gilroy, City of Morgan Hill, Gilroy and Morgan Hill Unified School Districts and the Santa Clara County Board of Supervisors met and created the South County Youth Task Force (SCYTF) to address the effects of violence and gangs on youth and in the community.

Funding is provided through the SCYTF, Cities of Gilroy and Morgan Hill, Gilroy and Morgan Hill School Districts (GUSD and MHUSD), Santa Clara County Library District, Santa Clara County Juvenile Probation Department, the Santa Clara County Neighborhood Safety Unit, and the Santa Clara County District Attorney’s Office. As the fiscal agent for the South County Youth Task Force, the Gilroy Police Department

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(GPD) manages SCYTF funding. Funding from the District Attorney’s Office, Santa Clara County Library District, and the Gilroy Unified School District will be used to cover the total amount of this agreement.

The funding has sponsored many programs such as the Restorative Community Circles with GPD, Resident Leadership Development, School-based and Community-based Youth Restorative Justice, Case Management, Crisis Response, Street Outreach, National Compadres Network Xinachtli/Joven Noble Circles, Late Night Gyms, a Mentorship Boxing Program, After School Programs in both Morgan Hill and Gilroy and training opportunities for the SCYTF body, made up of over 45 different organizations.

BACKGROUND
On September 3, 2025, Request for Proposals (RFP) 25-RFP-PD-524 was published on the City of Gilroy’s website, soliciting proposals from Community-Based Organizations (CBOs) to provide professional consulting services for the SCYTF Community-Based Services for the Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement). A total of three proposals were received.

On October 8, 2025, a notice of intent to award the contract was published, selecting Catholic Charities of Santa Clara County as the consultant. No protests were received by the October 15th deadline, allowing staff to proceed with the next steps to request City Council award of the contract.

ANALYSIS
The South County Youth Task Force (SCYTF) is a regional partnership dedicated to serving, supporting, and uplifting our youth in South Santa Clara County (Morgan Hill, Gilroy, and the unincorporated town of San Martin). This collaboration includes local governments, school districts, community and faith-based organizations, and law enforcement agencies. SCYTF’s work is guided by its Mission and Vision:

Mission: To promote a safe and nurturing community that creates and ensures sustainable access to opportunities, resources, and services for South County youth and their families, while empowering their voice and supporting their growth and success.

Vision: A community that is safe and free of youth violence where young people are strong, thriving and connected to their families, schools, and neighborhoods.

The community-based services are offered throughout the Gilroy Community for youth ages 9-17 and young adults ages 18-20 to prevent violence. Services are prioritized for youth who live in an opportunity neighborhood with high disparities (e.g., poverty, food

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insecurity, gang exposure, violence, drugs); are on probation or impacted by gang involvement; and/or fall within the spectrum from At-Promise (At-Risk) to High-Promise (High-Risk) Youth. SCYTF community-based programs offer alternative options for youth to be able to access services and programs in their neighborhood, which are provided at no cost.

These youth services are part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in an effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County per the 2023- 2026 SCYTF Strategic Plan.

Proposals were received from three vendors:

1. Empowering Our Community for Success

2. Catholic Charities of Santa Clara County

3. Youth Alliance
A scoring committee reviewed and ranked the proposals received based on the criteria identified in the RFP. Based on the scoring proposals, Catholic Charities of Santa Clara County was determined to be the most qualified vendor for this assignment due to their understanding and approach to the project, proposed scope of services, qualifications, capacity to provide qualified personnel, and project cost-effectiveness.

ALTERNATIVES
Council could reject the award of the contract to CCSCC. Staff does not recommend this option as it would mean the SCYTF Strategic Plan to deliver community-based youth services and the continuation of the youth programs would be impacted.

FISCAL IMPACT/FUNDING SOURCE
The proposed agreement with CCSCC is for $103,448. Funding for this project is provided by the South County Youth Task Force's contributing agencies, including the District Attorney’s Office, Gilroy Unified School District, and Santa Clara County Library District.

There are sufficient budgetary appropriations included in the adopted FY26 budget within the South County Youth Task Force Fund (227).

PUBLIC OUTREACH
n/a

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NEXT STEPS
If approved by Council, the agreement will be executed, and preparations will be made to begin providing services to youth.

Attachments:

1. 25-RFP-PD-524 Notice of Intent to Award – Catholic Charities of Santa Clara County

2. Draft Service Agreement 25-RFP-PD-524

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Gilroy Police Department
City of Gilroy
7301 Hanna Street
Gilroy, California
95020-6129
Admin. (408) 846-0310
Comm. (408) 846-0350
Records (408) 846-0300
Fax (408) 846-0339

KEN BINDER
Interim Chief of Police
Notice of Intent to Award
South County Youth Task Force (SCYTF) Community-Based Youth Services
Project No. 25-RFP-PD524
October 8, 2025

Notice is hereby given that the City of Gilroy intends to award a contract to Catholic Charities of Santa Clara County
The proposed award is the result of the department’s Request for Proposals (RFP) listed below:

South County Youth Task Force Community-Based Youth Services This notice constitutes compliance with the State Contracting Manual Sections 5.65 and

6.10 A. Any protests concerning this proposed award must be filed with the City of Gilroy Purchasing Coordinator and date stamped at the Finance Counter, 7351 Rosanna Street, Gilroy CA 95020 by 5:00 PM on October 15, 2025.

This notice and all documents pertaining to this invitation for bids is available on the City website at: https://www.cityofgilroy.org/Bids.aspx Best regards,
Ken Binder, Interim Chief of Police
City of Gilroy

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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 21 day of October, 2025, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Catholic Charities of Santa Clara County, having a principal place of business at 2625 Zanker Rd #201, San Jose, CA 95134.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on October 21, 2025 and will continue in effect through October 31, 2026 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.

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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 $103,448.

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 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.

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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, 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

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set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, 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

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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.

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

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

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

E. Compliance with Laws
The 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:

Catholic Charities of Santa Clara County CITY OF GILROY By: By:

Name: Don Taylor Name: Brad Kilger
Title: Chief Executive Officer Title: Interim Administrator, City of Gilroy
Social Security or Taxpayer
Identification Number 94-2762269

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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 So'o Poumele , 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, Sandra Cruz, South County Youth Task Force Coordinator 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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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.

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

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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY’S CREDIT.

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

F. OWNERSHIP OF MATERIAL.

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

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

G. NO THIRD PARTY BENEFICIARY.

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

H. NOTICES.

Notices are to be sent as follows:

CITY: Sandra Cruz, SCYTF Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020

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CONSULTANT: Gregory Kepferle
Chief Executive Officer
Catholic Charities of Santa Clara County
2625 Zanker Rd #201
San Jose, CA 95134

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
CONSULTANT Catholic Charities of Santa Clara County will coordinate and provide services, outlined and specified in reporting data outlined below, necessary for program evaluation: ie. monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units of Service Workbook (OUS) report and invoicing format; as well as ongoing program improvement, to the City of Gilroy in a timely matter. This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time frame: October 21, 2025- October 31, 2026.

CONSULTANT Catholic Charities of Santa Clara County shall complete the following services:

1.Late Night Gym / Pro-Social Program:
• Coordinate, facilitate, and manage one (1) weekly Late Night Gym on Thursday or Friday evenings (weekly evening pro-social program) at the Wheeler Gym in Gilroy. • Sessions must last a minimum of three (3) hours, between 5:00 PM – 9:00 PM. • Serve at least 50 unduplicated youth over the program term. • Program must be evidence-based or evidence-promising and culturally responsive. • Provide healthy food options at each weekly session.
• Ensure proper use, maintenance, storage, security and care of all program equipment. • For summer and school breaks, weekly educational and enrichment fieldtrips are encouraged in lieu of program (cost is part of the program budget).

2. Four (4) Evidence-Based, Culturally Responsive Youth Groups in the Neighborhoods:
• Implement four (4) evidence-based or life skills youth group cycles throughout the 12-month contract period (e.g., El Joven Noble, Xinachtli Rights of Passage, Cara Y Corazon; Life Skills Programs, such as Why Try, BOTVIN groups, Restorative Justice based groups, or other preapproved curricula (curriculum must be submitted), at selected community locations. • Groups should be distributed over the year in strategically identified opportunity neighborhoods, as recommended by SCYTF (e.g., 4 in the fall/ winter and 4 in the spring/summer). • Each group must serve a minimum of 10 unduplicated youth, for a total of 40 unduplicated individuals, served across all groups.
• The Consultant must submit all curricula for pre-approval.

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3. Outreach, Community Engagement and Intervention:
• Provide intervention and engagement support at identified key community center(s) and/or library sites.
• Conduct outreach a minimum of two days per week for at least four (4) hours per day. Locations will vary depending on the need.
• Facilitate at least one Peace/ Community Building Circle series at an identified community center, such as at San Ysidro Park, Las Animas Park Gilroy Library or the Wheeler Gym. • Conduct outreach for the SCYTF Late Night Gym program.

4. Secondary Crisis Response:
• Support identified neighborhoods and around school sites in maintaining a positive and safe culture.
• Build rapport with youth in identified neighborhoods to introduce services, opportunities for selfreferral, and invitation to participate in SCYTF and greater collaborative services/activities. • Activities may include restorative circles, one-on-one support, ‘get-to-know-you’ activities before/after school, and during late evening pro-social activities.

5. Linkage and Referral
• Connect youth and their families to relevant community and county services and resources.

6. Collaboration and Participation:
• Participate in monthly Technical Team, Multi-Disciplinary Team (MDT), and ad-hoc Violence Disruption meetings.
• Lead or co-chair at least one Tech Team subcommittees. • Collaborate with the City of Gilroy, GUSD, and other partners with an SCYTF MOU to further violence prevention goals.

7. Program Evaluation and Reporting
• Serve a total of 90 unduplicated youth (ages 9-24) across all services. • Conduct entrance and exit surveys at the end of services (as they pertain to the strategy) to measure changes in behavior and well-being.
• Submit the following documentation monthly: narrative/reports, calendars, sign-in sheets, Cityprovided units of service workbook and other measurable metrics to prove expected deliverables are met with SCYTF Administration.

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• Connect with 2,000 duplicated contacts via all community outreach and intervention activities.

8.Collaboration, Outreaching and Branding Support
• Coordinate with the City of Gilroy, SCYTF Administration Team, the Gilroy Unified School District and the Monthly MDT partners on outreach, collaboration, and co-branding materials. • Post all workshops and event flyers pertaining to this work on the SCYTF website. • Work to further the goals and efforts of building a restorative community and preventing and deescalating youth violence and anti-social behaviors in South County.

9. Must provide a client list (First Initial and Last Initial) that includes the following:
i. Name of youth served;
ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.

12. Groups: Maintain and submit sign-in sheets monthly to track participation, Monthly Units of Service Reports, and pre/post surveys on the start and end of groups.

13. Participate in contract monitor meetings every other month and attend other necessary meetings and activities and have the flexibility to attend necessary meetings and activities as they arise, which may occur outside of traditional 8:00 a.m. to 5:00 p.m., Monday through Friday work hours.

14. Population to be served: children and young adults (Youth between the ages of 10-24 (any gender or non-binary), who reside or attend school in Gilroy (zip code areas 95020 and 95021) and can fall in one or more of the following categories:
i. At Promise (At-Risk) Youth”: Defined as youth who live in or attend schools in low-socio economic areas, referred to as “Hot Spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/ Lack of Healthy Coping Abilities and Re-Victimization Risk,
ii. High–Promise (High-Risk) Youth: Defined as youth exhibiting high risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with

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violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating social-risk factors and level of intensity. iii. “Youth who demonstrate to be severely impacted/gang intentional”: Social circle is integrated into intergenerational gang-membership environment and/or affected by intergenerational drug use youth self-identified, and/or are arrested for gang-related incidents or acts of violence through the justice system.

15. Have the needed level of flexibility to attend necessary meetings, including monthly, Technical Team meetings and impromptu climate and crisis meetings; and have ability to work weekends (with 30 day advanced notice) for important or large events and evenings as deemed necessary to carry out successful coordination of project services.

16. Transport of Youth: Transportation can only occur after all necessary insurance(s) have been completed and insurances and waivers meet all necessary insurance guidelines. One-to-one driving is not allowed. Consultant and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters CONSULTANT'S vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.

17. Locations of services will occur at the identified schools, community hubs, hot-spot parks libraries, and other community locations, as deemed appropriate per client need. Contact of client and transportation must follow County and City procedures.

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EXHIBIT “C”

MILESTONE SCHEDULE
Management Plan
Tracing its origins as far back as 1929, Catholic Charities of Santa Clara County (CCSCC) is a Santa Clara County-based, 501(c)(3) non-profit organization that has provided regular services to the community since 1955 and has been incorporated in California since 1981. Our mission is to serve and advocate for families and individuals in need, especially those living in poverty. We work to create a more just and compassionate community in which people of all cultures and beliefs can participate and prosper. In alignment with this mission, CCSCC has provided services for County residents since its inception and currently serves more than 86,000 individuals through more than 30 direct service programs delivered at 90+ locations. With an operating budget of over $50 million, CCSCC’s staff and 25-member Board of Directors employ strong management and fiscal controls to ensure ongoing financial health.

CCSCC will deliver services through its YES team. This team’s experience in program delivery with children, youth and young adults; collaboration with partner organizations; mentoring and relationship building skills; and knowledge of the South County region make them effective leaders to pursue the goals of the SCYTF programs. The team has delivered analogous programs to each scope of work with a similar profile of youth with positive results.

The YES Program Director and Senior Program Manager are currently in place, operating from the Washington United Youth Center in San José and in the community. They have a wide range of experience and knowledge in working with at-promise, high-promise, gang-impacted and - intentional, and justice-involved youth and their families, providing services that have demonstrated effectiveness in reducing risk factors and increasing protective factors.

YES staff are equipped with educational credentials and real-world experience working with atrisk populations, including system-involved youth and families experiencing socio-economic hardship. Michael Bright and So’o Poumele will serve as supervision leads for the case management team. The Case Managers will provide direct services for participants. A Program Financial Analyst will support the team with invoicing and budgeting activities.

Key team members include:

Michael Bright – Program Director, YES Department: Michael has over 20 years of experience working with high-risk youth and system-involved populations. He leads WUYC’s youth programs with a focus on trauma-informed practice, compliance monitoring, and staff development. Prior to his work at CCSCC, he expanded academic and recreational programs in four South Bay middle schools, mentored high school students, and successfully implemented recruitment and other strategies that increased program enrollment and improved operations.

Michael is also skilled in ensuring grant-funded programs comply with requirements and meet deliverables. Michael holds a Bachelor of Science in Social Science and has completed relevant training and certifications. He will lead the proposed project, ensuring that it stays on track, meets deliverables, and that all evaluation and reporting requirements are fulfilled.

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So’o Poumele – YES Senior Program Manager: So’o brings over 25 years of experience working with at-risk and high-risk youth, particularly those involved in the juvenile justice system, to the team. As Program Manager starting in 2006, So’o has trained new staff, applied Trauma-Informed Care principles in youth and family services, developed curricula, and planned and implemented youth programs. He has also created and delivered trainings for agencies working with at-risk or gang-involved youth and adults. So’o also has extensive experience working with government partners in implementing grant-funded programs. He has received certificates of completion through the National Gang Safety Seminar, and is certified to conduct mediation and intervention.

He speaks English, Samoan, and is familiar with Spanish. So’o will oversee direct services and Case Managers and ensure program data is tracked, analyzed and reported on.

Esteban Escalante, Case Manager: Esteban has worked with children and youth in our County since joining CCSCC in 2013 as an after-school instructor. While honing his skills as an educator, Esteban managed classroom behavior; built relationships with parents, teachers, and students; adapted to remote learning methods; and acted as Interim Program Manager. As a Site Supervisor, Esteban supervised 11 staff serving 200+ students, oversaw data entry and management, met reporting requirements, planned activities for instructors, collaborated on soccer coach, delivering a play-based curriculum to build children and youth’s cognitive, language, and social and emotional skills. Esteban is a resident of San Martin and is bilingual in English and Spanish. He will help provide the project’s direct services for youth, tracking data and progress.

Martha Diaz-Espinoza, Case Manager: Following five years of progressive leadership in the private sector, Martha changed career paths to focus on delivering high-quality programming to children, youth, and families. As a preschool teacher, Martha implemented curricula, monitored children’s development, and supported family engagement. Martha joined CCSCC in August 2023 to supervise implementation of a State Office of Child Abuse Prevention (OCAP) program designed to work with youth, young adults, and families to increase leadership, empathy, and selfagency skills; improve job readiness; and expand knowledge of college and career paths and funding resources. In this capacity, Martha conducts outreach and recruitment, engages thoughtfully with participants and partner organizations, delivers dynamic and engaging workshops, provides appropriate referrals to clients, and liaises with school staff on administrative and logistical details. A native of Gilroy, Martha is bilingual in English and Spanish. She will help provide the project’s direct services for youth, tracking data and progress.

Timeline of schedule events may include, but not limited to:

Timeframe, Activity/Deliverable and Details & Expectations Oct 21–31, 2025 Program Launch and Orientation:

Finalize MOUs with SCYTF Technical Team; confirm Wheeler Gym schedule; outreach to schools/neighborhoods; staff training and orientation.

Nov–Dec 2025 Late Night Gym (Weekly):

Launch weekly 3-hour Late Night Gym sessions (Thurs/Fri 5–9 pm). Minimum of 8 sessions before year-end. Serve at least 20 unduplicated youth. Provide food at all sessions.

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Nov 2025 – Jan 2026 Youth Group Cycle 1:

First evidence-based, culturally responsive youth group (e.g., El Joven Noble, Xinachtli, Life Skills). Serve at least 10 youth.

Nov–Dec 2025 Outreach & Intervention Begins:

Case Managers on-site 2x per week at identified locations (community centers, library). At least one Peace/Community Circle initiated by December.

Jan–Mar 2026 Youth Group Cycle 2:

Implement a second group cycle in the identified neighborhood. Serve at least 10 youth.

Jan–Mar 2026 Late Night Gym (Ongoing):

Continue weekly sessions. Maintain at least 25 unduplicated youth served by March.

Spring Break 2026 (Mar/Apr) Educational/Enrichment Field Trip:

Provide at least one enrichment field trip in lieu of gym (cost included in budget).

Apr–Jun 2026 Youth Group Cycle 3:

Implement a third group cycle (10+ youth). Culturally responsive, evidence-based.

Apr–Jun 2026 Community Engagement:

Ongoing outreach 2x per week. Conduct a second Peace/Community Building Circle.

Summer 2026 (Jun–Aug) Late Night Gym (Ongoing):

Continue weekly sessions, offer 1–2 summer enrichment field trips (e.g., college visits, recreational trips). By August, at least 40 unduplicated youth served.

Jul–Sep 2026 Youth Group Cycle 4:

Implement a fourth group cycle. Serve another 10+ youth.

Oct 2026 Final Quarter Programming:

Conduct entry/exit surveys for all youth group participants. Track and report behavior/well-being changes.

Oct 2026 Close-Out & Final Report:

Submit final program report summarizing outcomes, youth served, outreach contacts, and lessons learned.

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EXHIBIT “D”

PAYMENT SCHEDULE
EXHIBIT “D”

PAYMENT SCHEDULE
A. Compensation to CONSULTANT Catholic Charities of Santa Clara County shall be contingent upon successful completion of the services outlined in EXHIBIT B, SCOPE OF SERVICES. A statement of all professional services outlined under this AGREEMENT shall be prepared by CONSULTANT atholic Charities of Santa Clara County and submitted to the City of Gilroy on or before the 10th day of the month, following the billing month, following completion of each of the Services identified in EXHIBIT B. If the services have been completed to the satisfaction of the City of Gilroy, the CITY shall make payment to the CONSULTANT within thirty (30) business days after receipt of the statement and approval thereof.

B. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT shall not exceed $103,448 CONSULTANT to successfully complete the project within the 12 month period. Reimbursement will be based on work completed, per budget specifications.

C. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. All contract deliverables needed for payment are stated in Exhibit B and include the completion of a monthly invoice, with relevent direct expenses back up, monthly narrative and statistical reporting to show measurement for successful targeted youth intervention, groups and pro-social activities in pre-designated areas.

Quarterly invoicing will include direct expenses for reimbursement, such as allowable overhead and supervision, direct expenses, i.e. cell phone and mileage reimbursement for positions, wages, supplies, training, costs for pro-social activities and healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY.

Quarterly invoices and all back up documentation (monthly calendars, PAR monthly report, staff timesheets, agency invoice, OUS workbook, and Narrative report) will be submitted to the CITY by the 8th day of the next month, as follows or the Friday prior to, if the 8th falls on a weekend, the invoice is due the following Monday, no later than 12:00 PM. An exception will be the last monthly invoice as the City funder requests the final invoice prior to the month's end:

Quarters Invoice Deadline
October 21, 2025- December 31, 2025 January 8, 2026
January 1, 2026- March 31, 2026 April 8, 2026
April 1, 2026-June 30, 2026 June 20, 2026
July 1, 2026-September 30, 2026 October 8, 2026

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October 1, 31, 2026 November 8, 2026
Please allow up to 30 business days between submittal of invoice and confirmed back up verification for the processing of payment. Back up includes but it not limited to any of the following:
timecard for program coordinator, sign in sheets for services and programs sponsored by this agreement, fliers and brochures, pictures for program activities, meeting agendas and notes, and any other documentation related to the any of the diversion program activities. Invoices will be returned if necessary back up is not attached and timing of check processing will be paused.

D. BUDGET - Catholic Charities of Santa Clara CountyTotal Program Budget $103,448 Personnel Annual Salary & FTE Program Salary
Program Director, Michael Bright $110,313 @ 0.03 FTE $3,309 Senior Program Manager, So'o Poumele $111, 729 @ 0.05 $5,586 Case Manager, Esteban Escalante $58, 402 @ 0.35 $20,441 Case Manager, Martha Diaz- Espinoza 72, 842 @ 0.30 $21,852 Program Financial Analyst, Svitlana Vialaire $ 91, 759 @ 0.01 $918 Taxes and Benefits 32.61% Rpresenting Health Plan, $16, 992 life and disability insurance, and 401K.

PERSONNEL SUBTOTAL $69,098

OPERATING COST
Food Healthy snacks and refreshments to increase attendance and encourage participation. $1,600
Office Supplies Standard consumable office supplies (pens, paper, printer ink). $50
Pro-Social Activities Cost of entry tickets, equipment, supplies for pro-social outings and activities. $1,500
Telephone Employee reimbursement for cell phone use ($40/mo per FTE). 355$ Mileage Employee mileage reimbursement and van use at current federal rate for required travel between program / work sites. $3,600
IT & Communications IT support and technology resources, internet access, GSuite, video-conferencing, related costs to facilitate program delivery, data tracking, reporting. Allocation based on number of FTEs. $2,842
AWARDS Database Agency-wide client information database; based on # FTEs. $1,376 Insurance General liability insurance; based on # FTEs. $1,634

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Occupancy Allocated cost of maintenance, utilities, janitorial, depreciation for staff offices at Washington United Youth Center where majority of budgeted staff are based. Calculated based on sq ft occupied. $7,900.

OPERATING COST SUBTOTAL $20, 857
Administrative Cost 15% of direct cost- HR, payroll, fiscal, compliance, executive and administrative support needed for contract and program delivery. $13, 493 TOTAL PROGRAM EXPENSES $103, 448

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City of Gilroy

STAFF REPORT
Agenda Item Title: Authorize the City Administrator to Enter into a Ten-Year Master Services and Purchasing Agreement with Axon
Enterprises, Inc., to Purchase the Axon Interview Room
Recording System for $243,621
Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Police
Submitted by: Ken Binder, Interim Police Chief
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Develop a Financially Resilient Organization & Maintain and Improve City Infrastructure

RECOMMENDATION

1. Authorize the City Administrator to enter into a ten-year master service and purchasing agreement with Axon Enterprises Inc. for $243,621 to purchase the Axon interview room recording system; and

2. Authorize the City Administrator to execute the master services and purchasing agreement and related purchasing documents.

EXECUTIVE SUMMARY
The Gilroy Police Department’s interview room monitoring system is outdated, failing, and no longer supported by the manufacturer. This equipment is critical to the integrity of criminal investigations, as it records interviews with victims, witnesses, and suspects in major cases. A system failure could result in the loss of vital digital evidence, potentially jeopardizing successful prosecutions.

To address this urgent need, the Department proposes purchasing and installing the Axon interview room recording system. The Axon system will integrate seamlessly with the Department’s existing Axon infrastructure, providing secure cloud storage, enhanced evidence management, and compliance with legal and procedural standards. A ten-year contract with Axon will also lock in pricing, avoiding significant cost increases and reducing long-term maintenance expenses.

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This investment supports the City’s commitment to modernizing law enforcement technology, enhancing transparency, ensuring reliable evidence, and maintaining community trust.

BACKGROUND
The Gilroy Police Department relies heavily on its interview room monitoring system to document critical conversations during criminal investigations. These recordings are used as evidence in court and play a key role in ensuring successful prosecutions.

The existing system was installed more than ten years ago and has reached the end of its useful life. The manufacturer no longer provides software updates, technical support, or replacement parts, leaving the Department vulnerable to equipment failure. Any malfunction of this system would severely impact investigative operations and the integrity of evidence.

ANALYSIS
The proposed solution is the Axon Interview Room Recording System, which includes both overt and covert recording devices, touchscreen activation panels, and direct integration with Axon’s existing digital evidence management system, Evidence.com.

Key Benefits of the Proposed Axon System:

1. Enhanced Evidence Quality and Security – High-resolution video and audio capture ensure clear, tamper-proof recordings that meet evidentiary standards.

2. Seamless Evidence Management – Direct integration with Evidence.com streamlines the process of storing, retrieving, and sharing digital evidence with the District Attorney’s Office.

3. Improved Investigative Efficiency – Automatic uploads to cloud storage eliminate manual evidence transfers, reducing delays and opportunities for error.

4. Legal and Procedural Compliance – The system ensures chain-of-custody integrity and compliance with state and federal evidence requirements.

5. Long-Term Cost Control – A ten-year contract with Axon locks in current pricing and reduces future costs associated with emergency repairs or price increases.

Axon increased prices by approximately 30% between 2022 and 2023, demonstrating the cost benefits of early contract commitment.

6. Reduced Liability – Preventing the loss or corruption of interview recordings minimizes legal exposure and strengthens prosecutorial outcomes.

The Department has standardized the Axon platform for other functions, including bodyworn cameras and digital evidence management. Adding the interview room recording system creates an integrated, standardized environment with centralized management and security.

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ALTERNATIVES
The City Council may choose not to approve this agreement. This is not recommended as the Department has standardized on the Axon system. Selecting a different system would likely require third-party integrations and result in higher long-term costs for equipment and maintenance.

FISCAL IMPACT/FUNDING SOURCE
On June 2, 2025, the City Council adopted the Fiscal Year 2026 and 2027 biennial budget, which includes the procurement of the Axon Interview Room System for $24,362 per fiscal year. Staff are recommending a multi-year agreement to complement the Department's existing Axon service agreements for other solutions that have been procured and standardized. As such, a ten-year term is recommended for a total amount not to exceed $243,621 over the term.

PUBLIC OUTREACH
N/A

NEXT STEPS
N/A
Attachments:

1. Axon Interview Room Quote

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Q-559591-45716.659KP
Issued: 02/28/2025
Quote Expiration: 06/30/2025
Estimated Contract Start Date: 09/01/2025
Account Number: 112140
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Gilroy Police Department - CA
7301 Hanna St
Gilroy,
CA
95020-6129
USA
Gilroy Police Department - CA
7301 Hanna St
Gilroy
CA
95020-6129
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Juan Rocha
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $2,840.40 TOTAL COST $242,891.20
ESTIMATED TOTAL W/ TAX $243,621.20 TOTAL SAVINGS $28,404.00 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Payment Summary
Date Subtotal Tax Total
Aug 2025 $24,289.12 $73.00 $24,362.12
Aug 2026 $24,289.12 $73.00 $24,362.12
Aug 2027 $24,289.12 $73.00 $24,362.12
Aug 2028 $24,289.12 $73.00 $24,362.12
Aug 2029 $24,289.12 $73.00 $24,362.12
Aug 2030 $24,289.12 $73.00 $24,362.12
Aug 2031 $24,289.12 $73.00 $24,362.12
Aug 2032 $24,289.12 $73.00 $24,362.12
Aug 2033 $24,289.12 $73.00 $24,362.12
Aug 2034 $24,289.12 $73.00 $24,362.12
Total $242,891.20 $730.00 $243,621.20

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Quote Unbundled Price: $271,295.20
Quote List Price: $271,295.20
Quote Subtotal: $242,891.20
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware
74116 AXON INTERVIEW - COVERT ENCLOSURE 2 $110.00 $0.00 $0.00 $0.00 $0.00 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 $209.00 $0.00 $0.00 $0.00 $0.00 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 6 $356.00 $0.00 $0.00 $0.00 $0.00 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 $700.00 $0.00 $0.00 $0.00 $0.00 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $2,532.00 $0.00 $0.00 $0.00 $0.00 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $64.00 $0.00 $0.00 $0.00 $0.00 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $209.00 $0.00 $0.00 $0.00 $0.00 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $985.00 $0.00 $0.00 $0.00 $0.00 50116 AXON INTERVIEW - CAMERA - OVERT PTZ JOYSTICK 1 $542.00 $0.00 $0.00 $0.00 $0.00 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILTZOOM) 4 $1,338.00 $0.00 $0.00 $0.00 $0.00 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 4 $209.00 $0.00 $0.00 $0.00 $0.00 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 $110.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
50041 AXON INTERVIEW - STREAMING SERVER LICENSE -
PER SERVER 2 120 $1,750.00 $1,750.00 $3,500.00 $319.38 $3,819.38 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH
PANEL-PC 3 120 $1,500.00 $1,500.00 $4,500.00 $410.62 $4,910.62 50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 120 $36.83 $36.83 $8,839.20 $0.00 $8,839.20 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 3 120 $31.50 $31.50 $11,340.00 $0.00 $11,340.00 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 12 120 $124.80 $124.80 $179,712.00 $0.00 $179,712.00 A la Carte Services
85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER
ROOM) 7 $5,000.00 $5,000.00 $35,000.00 $0.00 $35,000.00 A la Carte Warranties
101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $464.00 $0.00 $0.00 $0.00 $0.00 Total $242,891.20 $730.00 $243,621.20
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 6 1 08/01/2025 A la Carte 50116 AXON INTERVIEW - CAMERA - OVERT PTZ JOYSTICK 1 1 08/01/2025

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 1 08/01/2025 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 4 1 08/01/2025 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 1 08/01/2025 A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 1 08/01/2025 A la Carte 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 4 1 08/01/2025 A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 1 08/01/2025 A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 1 08/01/2025 A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 1 08/01/2025 A la Carte 74116 AXON INTERVIEW - COVERT ENCLOSURE 2 1 08/01/2025 A la Carte 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 1 08/01/2025 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANELPC 3 09/01/2025 08/31/2035 A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 09/01/2025 08/31/2035
A la Carte 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 09/01/2025 08/31/2035
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 09/01/2025 08/31/2035
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 12 09/01/2025 08/31/2035 Services
Bundle Item Description QTY
A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 7 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7

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Shipping Locations
Location Number Street City State Zip Country
1 7301 Hanna St Gilroy CA 95020-6129 USA
Payment Details
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $0.00 $0.00 $0.00 Annual Payment 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $450.00 $41.06 $491.06 Annual Payment 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Annual Payment 1 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $350.00 $31.94 $381.94 Annual Payment 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Annual Payment 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment 1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 6 $0.00 $0.00 $0.00 Annual Payment 1 50116 AXON INTERVIEW - CAMERA - OVERT PTZ JOYSTICK 1 $0.00 $0.00 $0.00 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 4 $0.00 $0.00 $0.00 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $0.00 $0.00 $0.00 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 $0.00 $0.00 $0.00 Annual Payment 1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 $0.00 $0.00 $0.00 Annual Payment 1 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 4 $0.00 $0.00 $0.00 Annual Payment 1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $0.00 $0.00 $0.00 Annual Payment 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $0.00 $0.00 $0.00 Annual Payment 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $0.00 $0.00 $0.00 Annual Payment 1 74116 AXON INTERVIEW - COVERT ENCLOSURE 2 $0.00 $0.00 $0.00 Annual Payment 1 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 $0.00 $0.00 $0.00 Annual Payment 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $0.00 $0.00 $0.00 Annual Payment 2 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $450.00 $41.06 $491.06 Annual Payment 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Annual Payment 2 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $350.00 $31.94 $381.94 Annual Payment 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Annual Payment 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment 2 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 6 $0.00 $0.00 $0.00 Annual Payment 2 50116 AXON INTERVIEW - CAMERA - OVERT PTZ JOYSTICK 1 $0.00 $0.00 $0.00 Annual Payment 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $0.00 $0.00 $0.00 Annual Payment 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 $0.00 $0.00 $0.00 Annual Payment 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 4 $0.00 $0.00 $0.00 Annual Payment 2 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 $0.00 $0.00 $0.00 Annual Payment 2 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 4 $0.00 $0.00 $0.00 Annual Payment 2 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $0.00 $0.00 $0.00 Annual Payment 2 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $0.00 $0.00 $0.00 Annual Payment 2 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $0.00 $0.00 $0.00 Annual Payment 2 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 $0.00 $0.00 $0.00

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Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment2 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment3 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment3 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment3 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment3 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment3 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment3 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment3 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment3 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment3 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment3 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment3 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment3 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment3 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment3 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment3 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment3 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment3 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment3 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment3 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment4 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment4 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment4 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment4 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment4 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment4 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment4 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment4 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment4 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment4 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment4 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment4 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment4 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment4 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment4 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment4 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment4 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment4 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment4 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12

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Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment5 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment5 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment5 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment5 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment5 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment5 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment5 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment5 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment5 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment5 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment5 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment5 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment5 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment5 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment5 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment5 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment5 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment5 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment5 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment6 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment6 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment6 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment6 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment6 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment6 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment6 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment6 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment6 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment6 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment6 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment6 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment6 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment6 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment6 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment6 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment6 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment6 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment6 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment7 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment7 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment7 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment7 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment7 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92

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Aug 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment7 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment7 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment7 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment7 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment7 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment7 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment7 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment7 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment7 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment7 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment7 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment7 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment7 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment7 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment8 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment8 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment8 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment8 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment8 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment8 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment8 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment8 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment8 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment8 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)6 $0.00 $0.00 $0.00 Annual Payment8 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00 Annual Payment8 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT6 $0.00 $0.00 $0.00 Annual Payment8 50293 AXON INTERVIEW- CAMERA- OVERT PTZ (PAN-TILT-ZOOM)4 $0.00 $0.00 $0.00 Annual Payment8 50298 AXON INTERVIEW- CAMERA- OVERT DOME2 $0.00 $0.00 $0.00 Annual Payment8 50322 AXON INTERVIEW- TOUCH PANEL PRO3 $0.00 $0.00 $0.00 Annual Payment8 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT3 $0.00 $0.00 $0.00 Annual Payment8 74116 AXON INTERVIEW- COVERT ENCLOSURE4 $0.00 $0.00 $0.00 Annual Payment8 74116 AXON INTERVIEW- COVERT ENCLOSURE2 $0.00 $0.00 $0.00 Annual Payment8 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment9 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS7 $0.00 $0.00 $0.00 Annual Payment9 50037 AXON INTERVIEW- CLIENT SOFTWARE- PER TOUCH PANEL-PC3 $450.00 $41.06 $491.06 Annual Payment9 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL3 $1,134.00 $0.00 $1,134.00 Annual Payment9 50041 AXON INTERVIEW- STREAMING SERVER LICENSE- PER SERVER2 $350.00 $31.94 $381.94 Annual Payment9 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $883.92 $0.00 $883.92 Annual Payment9 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment9 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR6 $0.00 $0.00 $0.00 Annual Payment9 50116 AXON INTERVIEW- CAMERA- OVERT PTZ JOYSTICK1 $0.00 $0.00 $0.00 Annual Payment9 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)4 $0.00 $0.00 $0.00 Annual Payment9 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)2 $0.00 $0.00 $0.00

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Aug 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 9 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 $0.00 $0.00 $0.00 Annual Payment 9 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 $0.00 $0.00 $0.00 Annual Payment 9 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 4 $0.00 $0.00 $0.00 Annual Payment 9 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $0.00 $0.00 $0.00 Annual Payment 9 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $0.00 $0.00 $0.00 Annual Payment 9 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $0.00 $0.00 $0.00 Annual Payment 9 74116 AXON INTERVIEW - COVERT ENCLOSURE 2 $0.00 $0.00 $0.00 Annual Payment 9 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 $0.00 $0.00 $0.00 Annual Payment 9 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12
Aug 2034
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 10 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $0.00 $0.00 $0.00 Annual Payment 10 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $450.00 $41.08 $491.08 Annual Payment 10 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Annual Payment 10 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $350.00 $31.92 $381.92 Annual Payment 10 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Annual Payment 10 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 12 $17,971.20 $0.00 $17,971.20 Annual Payment 10 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 6 $0.00 $0.00 $0.00 Annual Payment 10 50116 AXON INTERVIEW - CAMERA - OVERT PTZ JOYSTICK 1 $0.00 $0.00 $0.00 Annual Payment 10 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 6 $0.00 $0.00 $0.00 Annual Payment 10 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 4 $0.00 $0.00 $0.00 Annual Payment 10 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $0.00 $0.00 $0.00 Annual Payment 10 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 6 $0.00 $0.00 $0.00 Annual Payment 10 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 4 $0.00 $0.00 $0.00 Annual Payment 10 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $0.00 $0.00 $0.00 Annual Payment 10 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $0.00 $0.00 $0.00 Annual Payment 10 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $0.00 $0.00 $0.00 Annual Payment 10 74116 AXON INTERVIEW - COVERT ENCLOSURE 2 $0.00 $0.00 $0.00 Annual Payment 10 74116 AXON INTERVIEW - COVERT ENCLOSURE 4 $0.00 $0.00 $0.00 Annual Payment 10 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 7 $3,500.00 $0.00 $3,500.00 Total $24,289.12 $73.00 $24,362.12

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Page 10 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Page 11 ends

\s1\ \d1\
Signature Date Signed
2/28/2025

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PAGE1

S T A T EME N T OF WOR K FOR T H E

IMP L EME N T A T ION OF A XON I N T E R V I EW ROOM
FOR (" SOW” )
Submitted By:

Axon Enterprise, Inc. (Axon) North 85
t h Street

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PAGE2
1 . P R O J E C T O V E R V I E W :
1 . 1 S O F T W A R E
The hardware and software detai led in this SOW includes, the l isted functional ity.  Axon Interview Room
1 . 2 D E F I N I T I O N S

T E R M D E F I N I T I O N

P A R T I E S
Agency who is identified within this SOW
End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW

S Y S T E M S
Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System NCIC National Crime Information Center
Product The hardware and software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed

P R O J E C T & M I L E S T O N E S
Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW

A C C E P T A N C E
Blocker Issue impacting 50% or more users
Functional Acceptance Testing Testing the functionality of the system as configured for Agency

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PAGE3
1 . 3 O U T O F P R O J E C T S C O P E
Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined expl icitly by this SOW shal l be done so through a Project Change Order. The fol lowing are considered outside the scope of this Project:
 Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure  Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration
 Changes made by Agency or Agency’s vendors

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PAGE4
2 . P R O F E S S I O N A L S E R V I C E S :
2 . 1 G E N E R A L
 Axon wi l l provide a project manager throughout entire project. 2 . 2 H A R D W A R E

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PAGE5
2 . 3 I N T E R V I E W S O F T W A R E
 Agency wi l l ensure an appropriate resource is avai lable to configure/troubleshoot network communications between onsite Interview Hardware. Agency wi l l also assist in configure/troubleshoot connection to Axon Evidence.  Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewal ls, etc, so long as they do not degrade operations of Interview Server(s)  Axon wi l l instal l Axon Interview Server Appl ication, Agency may be required to provide appropriate permissions/credentials.  Axon wi l l instal l and configure Touch Panel Software. 2 . 4 R E A D I N E S S
 Axon wi l l supply Agency with copy of current QA/Testing Checkl ist.  Axon wi l l complete QA/Testing Checkl ist per room consisting of:
o Hardware Wiring
o Hardware Mounting
o Hardware Functional ity
o Firmware Updates
o Software Instal l and Configuration
o Functional Test of al l features
2 . 6 T R A I N I N G
 Axon wi l l provide training materials that may be used by agency. Training materials wi l l be customized for agencies environment where appl icable.
 Agency wi l l provide faci l ities and equipment for conducting the Training.  Train the Trainer: Axon wi l l provide session(s), materials and support al lowing Agency’s in-house trainers to conduct their own Training. Agency is responsible for updating al l Training materials after final acceptance.

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PAGE6
3 . P R O J E C T MA N A G EME N T :
3 . 1 M A N A G E M E N T R E S O U R C E S
 Both Parties wi l l assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of del iverables.  Axon’s Project Coordinator wi l l ensure al l team members from Axon and Agency are continual ly updated on the status of the Project.
3 . 2 R E Q U I R E M E N T S P L A N N I N G
 Al l Proposed Project timel ines wi l l be documented during Project Management Kickoff cal l.  Once al l requirements are agreed to, Axon’s Project Coordinator wi l l work with Agency’s Project Manager to develop a Project plan for Axon’s implementation.
3 . 3 C H A N G E C O N T R O L
 If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees wi l l be agreed upon and included in a signed PCO form.  Agency acknowledges a proposed change request might have an impact on both schedul ing and cost for the Project that wi l l be outl ined in the PCO form.

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PAGE7
4 . A G E N C Y C OMMI TME N T S :
 Ensure the reasonable avai labi l ity for meetings, phone or emai l of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon.
 Identify hol idays, non-workdays or major events that may impact the Project.  Ensure Agency desktop or mobi le systems and devices can access the Product.  Make avai lable relevant systems if needed for assessment by Axon (including making these systems avai lable to Axon via remote access if possible).
 Technical Systems Requirements

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PAGE8
5 . S U P P O R T :
 Axon wi l l provide on-site instal ler/trainer support as part of project.  The Product undergoes updates and enhancements which Agency wi l l automatical ly receive.  Axon wi l l provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets.  For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via emai l at [email protected]. Onl ine, emai l-based support and remote-location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is avai lable 24/7.

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PAGE9
6 . T E RMS A N D C O N D I T I O N S :

This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties.

A X O N E N T E R P R I S E , I N C .

Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________

A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________

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PAGE10

A T T A C HME N T B - P R O J E C T C H A N G E O R D E R T EMP L A T E Date:

Axon Product or Service:

Change Order Detai ls
A X O N E N T E R P R I S E , I N C .

Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________

A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________

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City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Contract to FBD Vanguard Construction, Inc. for the FY26 CDBG Sidewalk and Curb Ramp Project No. 26-PW-303
in the amount of $156,820.00, approve a project contingency of $19,370.14, and approve a total project expenditure of $176,190.14 for Construction
Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Weston Hill, Engineer
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services Maintain and Improve City Infrastructure

RECOMMENDATION
Award a contract to FBD Vanguard Construction, Inc. in the amount of $156,820.00, approve a project contingency of $19,370.14, approve a total project expenditure of $176,190.14 for the construction of the FY26 CDBG Sidewalk and Curb Ramp Project (No. 26-PW-303), and authorize the Interim City Administrator to execute the contract and associated documents.

EXECUTIVE SUMMARY
The City annually receives Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). Eligible activities under the CDBG program includes Capital Improvements such as curb ramp and sidewalk improvements provided the improvements are located in low and moderate-income neighborhoods. On June 2, 2025, the City Council authorized expenditure of $176,190.14 in CDBG funds for sidewalk improvements in low- and moderate-income neighborhood(s) of Gilroy. Public Works has developed the FY26 CDBG Sidewalk and Curb Ramp Project (Project), No. 26-PW-303, which will install and improve sidewalk facilities along the easterly side of Monterey Road between Koror

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Lane and Ervin Court. Contingency could also potentially be utilized for sidewalk repairs on 7th Street between Church Street and Eigleberry Street.

BACKGROUND
The City is a designated “entitlement” jurisdiction participating in HUD’s CDBG Program. This classification as an “entitlement” jurisdiction allows the City to receive an annual allocation of CDBG funds. The City is required to spend a minimum amount of these funds each year. The City is also required to submit an Annual Action Plan (Plan), which identifies specific projects/activities within that fiscal/program year. Staff from the Community Development and Public Works Departments collaborated to identify projects that qualify as defined by HUD.

Eligible activities that can be funded under Capital Improvements include the annual curb ramp and sidewalk improvements, principally within low and moderate-income neighborhoods. The FY26 CDBG Sidewalk and Curb Ramp Project, No. 26-PW-303, was created to improve ADA compliance for sidewalk and curb ramps. Staff identified substandard sidewalks, curb ramps, and areas that lack curb ramps in low and moderate-income neighborhoods and assembled a bid package to keep costs within available CDBG funds.

The CDBG capital improvement allocation for the Project was approved by the City Council on June 2, 2025, for the Program Year 2025-26. The grant award amount for the FY26 Annual CDBG Sidewalk/Curb Ramp Project was $176,190.14. The Annual Action Plan identified the sidewalk and curb ramp projects as public improvements that create safe pedestrian pathways in low and moderate-income neighborhoods. Based on U.S. Census tract data, Gilroy has neighborhoods that meet the low and moderateincome thresholds. The sidewalk improvements identified in this project were chosen at locations in these neighborhoods where there is currently no sidewalk or the existing sidewalk is in disrepair and is non-ADA compliant.

ANALYSIS
The Project consists of installing approximately 3,300 square feet of new sidewalk and associated work. The lowest responsive and responsible Base Bid, was received from FBD Vanguard Construction, Inc. in the amount of $156,820.00. The project also includes one Bid Additive to upgrade and repair an additional 1,690 square feet of sidewalk and associated work such as tree removal and curb ramp reconstruction, which was bid at $145,955.00. Staff is not recommending the bid additive as the amount exceeds the available funding. The addition of $19,370.14 (12.35%) in contingency brings the total Project expenditure to the grant award amount of $176,190.14. Project construction will be funded with CDBG Grant Funds. No CDBG funds were or will be expended on soft costs such as design, grant administration or inspection.

The new sidewalk installation for the base bid is located on the easterly side of

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Monterey Road, between Ervin Court and Koror Lane. This sidewalk will close the gap between the existing Monterey Gateway Apartments frontage sidewalk and the new frontage sidewalk being constructed along the ROEM Builders apartments project.

This location was selected based on feedback from residents and in coordination with the other active capital improvement and private improvement projects such as the Citywide Engineering Sidewalk Replacement Program.

The Project was advertised in the San Jose Mercury News and on the City’s website on September 19, 2025. Staff conducted the bid opening on October 9, 2025, and the City received five bids. Of the five bids received, one bid was disqualified and deemed not responsive. A bid summary is provided below.

RANK COMPANY
NAME

TOTAL BASE
BID

BID ADDITIVE
1 (WILL NOT
BE

INCLUDED)

CONTINGENY TOTAL (BASE
BID +

CONTINGENCY
ONLY)
1 FBD Vanguard
Construction
$156,820.00 $145,955.00 $19,370.14 $176,190.14
2 Precision Grade $182,725.00 $264,676.63 $19,370.14 $202,095.14 3 Graniterock $215,885.00 $249,372.00 $19,370.14 $235,255.14 4 Radius
Earthwork
$225,405.00 $229,781.25 $19,370.14 $244,775.14
DQ Kraemer
Engineering
$191,817.43 $229,122.29 $19,370.14 $211,187.57
The lowest responsive and responsible bidder was deemed to be FBD Vanguard Construction, Inc., with a total base bid of $156,820. The Engineer’s Estimate was $101,880 for the base bid. The lowest bid was 54% higher than the Engineer’s Estimate. Staff recommends awarding the contract to the lowest bidder, FBD Vanguard Construction, with a total bid of $156,820 (Base Bid only).

ALTERNATIVES
The alternative to the staff recommendation is to reject all bids. Staff does not recommend this option as there is a grant deadline to expend the funds and submit reimbursement to HUD by April 15, 2026. Not meeting the set deadline would jeopardize the allocation of future CDBG funds from HUD.

FISCAL IMPACT/FUNDING SOURCE
The Total Base Bid is $156,820. Staff also recommends approval of a contingency in the amount of $19,370.14 (12.35%) for a total construction allocation of $176,190.14.

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The 12.35% contingency would be for additional and unforeseen work up to the available grant funds as any unused funds would be returned to the CDBG Fund and would not be available for use on any other Public Works Projects.

The City’s CDBG Fund (Fund 245) receives CDBG Program funding annually from HUD. The Project will be funded through the City’s approved Program Year 2025-26 CDBG allocation. There are sufficient appropriation budgeted to accommodate this expenditure.

PUBLIC OUTREACH
Affected residents will be notified in advance of the construction by the City and the contractor.

NEXT STEPS
Upon Council’s approval of this contract, the contract will be executed, and staff will work with the contractor to develop a final project schedule to begin construction in November 2025.

Attachments:

None

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City of Gilroy

STAFF REPORT
Agenda Item Title: Introduction and First Reading of an Ordinance Amending Chapter 30, Article LIV of the Gilroy City Code Relating to Accessory Dwelling Units (Z 25-02)
Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Michael Fossati, Planning Manager
STRATEGIC PLAN GOALS: Promote Safe and Affordable Housing for All

RECOMMENDATION

1. Determine the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15282(h) for the adoption of an ordinance regarding second units in a singlefamily or multifamily residential zone by a city or county to implement the provisions of Section 66314 and 66333 of the Government Code as set forth in Section 21080.17 of the Public Resources Code;

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

3. Introduce the ordinance of the City Council of the City of Gilroy amending Chapter 30, Article LIV of the Gilroy City Code relating to accessory dwelling units.

EXECUTIVE SUMMARY
Recent state legislation has established new requirements for Accessory Dwelling Units (ADUs): Senate Bill 477 (SB 477), Assembly Bill 2533 (AB 2533), Senate Bill 1211 (SB 1211) and Senate Bill 1077 (SB 1077). They support California's housing goals by continuing to eliminate local barriers, legalizing unpermitted ADUs and junior ADUs built before 2020, and providing clear guidelines regarding size, setbacks, and height. To

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ensure compliance with the State of California, the City must amend its ADU ordinance.

BACKGROUND
In 2024, Governor Newsom signed four bills into law affecting the State ADU laws which directly impacted the validity of the City of Gilroy’s current ADU ordinance. These laws are drafted to address ongoing housing shortages, streamline the approval and construction of accessory dwelling units (ADUs), and remove local barriers that impede development.

These legislative changes are driven by the state's commitment to expand affordable housing options, respond to the popularity and demand for ADUs, and ensure local governments remain compliant with state housing mandates. The purpose of this zoning amendment is to document the specific actions that the City of Gilroy has taken to ensure compliance with State ADU laws.

Environmental Assessment:

Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines statutorily exempt from environmental review adoption of an ordinance by a city to implement the articles of the Government Code commencing with Section 66314 and 66333 of the Government Code.

Planning Commission Review
On October 16, 2025, the Planning Commission recommended the adoption of the ordinance with a 6-0-1 (one absent) vote. The Planning Commission did not propose any changes to the ADU ordinance.

ANALYSIS
SB 477 took effect on March 25, 2024, and AB 2533, SB 1211, and SB 1077 took effect on January 1, 2025, impacting the City of Gilroy’s Accessory Dwelling Unit (ADU) ordinance. In anticipation of State law changes, the City Council proactively included an update to the ADU Ordinance in the Community Development Department's workplan, ensuring compliance and continued support for our community.

The following table provides a summary of the text amendments proposed to create consistency with new State laws. The revised draft ADU Ordinance is attached with changes shown in strikeout and underline text (see Exhibit A).

Topic Zoning Section Action
Reference from Government
Code (GC) Section 65852.2
to Section 66310 et seq.

Throughout the City Code SB 477 reorganized and
renumbered sections of the
Government Code related to
ADUs and Junior ADUs
(JADUs). Notably, it

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separated the former GC
Section 65852.2 into more
than 20 separate statutes,
now commencing as GC
Section 66310 et seq.
pertaining to ADU
development in California.

Submittal of Recordation of
Deed Restriction

30.54.20 (c) The property owner must
record a deed restriction for
the ADU, stipulating that it
cannot be rented for fewer
than 30 days. Furthermore,
the ADU cannot be
transferred or sold
separately from the primary
residence, except as
permitted by GC Section
66341, prior to the final
building inspection.

Design Standards and
Zoning Requirements

30.54.20 (e) Provided language
conforming to California
Department of Housing and
Community Development's
concern, including how the
objective design standards
and other zoning regulations
must not preclude
construction of at least one
800 sq. ft. attached or
detached ADU with four-foot
side and rear setbacks, in
line with state law
minimums.

Remove one-story
requirement for detached
ADU

30.54.30 (e) Removed the number of
stories for an attached or
detached ADU but still
require the height limit to be
no taller than 16 feet for
detached ADU, unless the
location is within ½ mile from
a major transit stop.

Modify Parking Types 30.54.30 (g) Included covered parking structure or uncovered
parking space as a location
available to accommodate
an accessory dwelling unit.

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Design Standards 30.54.30 (h) Removed outside stairway
located on the building
elevation facing the public
street as an objective
standard, as indicated by
California Department of
Housing and Community
Development.

Multifamily Unit Allowance 30.54.50 (b) GC Section 66323, subdivision (a)(4) (A)(ii),
states that a lot with an
existing multifamily dwelling
may have up to eight
detached ADUs. However,
the total number of detached
ADUs allowed cannot
exceed the number of
existing dwelling units on the
lot.

Multifamily Unit Size 30.54.50 (b) Detached ADUs developed to be consistent with GC
Section 66323 and are on a
multifamily dwelling lot are
not subject to any floor area
restrictions. Additionally,
converting an existing
accessory structure or a
portion of the primary
residence into an ADU is not
subject to size requirements.

Livable Space Definition 30.54.60 Definition added to GC Section 66313 definition
section per SB 1211.

This analysis further illustrates that the amendments align with the overall objectives of the Zoning Ordinance, as well as the relevant goals and policies outlined in the General Plan.

General Plan Consistency
The proposed amendments are consistent with the Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of housing types that offer choices for Gilroy residents and create complete, livable neighborhoods; Gilroy 2023-2031 Housing Element Goal 1 (Housing Production) to encourage the production of a variety of housing types for

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Gilroy residents; and Gilroy 2023-2031 Housing Element Goal 2 (Removal of Government Constraints) to periodically review City regulations and ordinances to ensure that they do not constrain housing development and are consistent with State law.

Zoning Text Amendment Review
The draft ordinance includes findings that demonstrate the amendment is appropriate and necessary for fulfilling the overall purpose of the Zoning Ordinance, as well as complying with relevant goals and policies outlined in the General Plan. Per City Code Section 30.52.60, the City Council can approve, modify, or reject the proposed ordinance amendment. The City Council's decision is final and conclusive. Ordinances take effect 30 days after they are adopted by the City Council.

ALTERNATIVES
The Council may choose not to adopt the ordinance, meaning the City will continue to be out of compliance with State ADU regulations. If the Council decides to amend the proposed ordinance, staff will provide a revised version.

FISCAL IMPACT/FUNDING SOURCE
Staff time and resources required to adopt new zoning regulations to implement the state requirements are typically funded under the Department's operational budget and through the City’s General Fund.

PUBLIC OUTREACH
The notice for the City Council meeting was published in the San Jose Mercury News on Tuesday, October 14, 2025. No public comments have been received regarding the proposed amendments. Public hearing packets with this staff report are available on the City’s website for viewing.

NEXT STEPS
If the proposed ordinance is introduced, it will be placed on the consent calendar of the next City Council meeting for adoption, tentatively scheduled for November 17, 2025.

The ordinance will become effective 30 days following adoption. Staff will submit the adopted ADU ordinance, within 60 days of adoption as required by the State, for review by the State of California Housing and Community Development Department to verify compliance with State law.

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Attachments:

1. Att 1 - DRAFT ADU Ordinance 2025_FINAL

2. Ex. A - Chapter 30 Article LIV; Accessory Dwelling Units (2025 Update)_FINAL

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ORDINANCE 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GILROY AMENDING THE GILROY CITY CODE, CHAPTER
30 (ZONING), ARTICLE LIV REGARDING ACCESSORY

DWELLING UNITS
WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article LIV currently regulates Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) within the city; and
WHEREAS, Senate Bill No. 477 was signed by the Governor and filed with the Secretary of State on March 25, 2024, which, among other things, amended and reorganized various sections of the California Government Code related to ADUs and JADUs, specifically moving and consolidating provisions into the new Chapter 13, commencing with Section 66310 of Division 1 of Title 7 of the Government Code, which became effective March 25, 2024 as an urgency ordinance; and WHEREAS, Senate Bill No. 1211 was signed by the Governor and filed with the Secretary of State on September 19, 2024, and amended Sections 66313, 66314, and 66323 of the California Government Code, which became effective January 1, 2025; and WHEREAS, Senate Bill No. 1077, was signed by the Governor and filed with the Secretary of State on September 22, 2024, and amended Section 30500.5 of the Public Resource Code, and became effective January 1, 2025; and WHEREAS, Assembly Bill No. 2533 was signed by the Governor and filed with the Secretary of State on September 28, 2024, and amended Section 66332 of the Government Code, and became effective January 1, 2025; and WHEREAS, the approved bills required text amendments to the Gilroy City Code Chapter 30, Article LIV to remain in compliance with State ADU Law; and WHEREAS, the adoption of the Zoning Ordinance text amendments is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) because it is a project for the adoption of an ordinance by a city to implement the articles of the Government Code commencing with Section 66314 and 66333 of the Government Code (the ADU statutes); and
WHEREAS, on October 16, 2025, the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Amendments (Z 25-02); and
WHEREAS, the City Council held a duly noticed public hearing on November 3, 2025, at which time the City Council received and considered Zoning Amendment file number Z 25-02, took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 25-02; and

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WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII (Amendment to the Zoning Ordinance), the Planning Commission has recommended, and the City Council finds, that the proposed Zoning Ordinance text amendment is necessary to carry out the general purpose of the Zoning Ordinance, and applicable General Plan goals and policies including Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of housing types that offer choices for Gilroy residents and create complete, livable neighborhoods; Gilroy 2023-2031 Housing Element Goal 1 (Housing Production) to encourage the production of a variety of housing types for Gilroy residents; and Gilroy 2023-2031 Housing Element Goal 2 (Removal of Government Constraints) to periodically review City regulations and ordinances to ensure that they do not constrain housing development and are consistent with state law; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning), Article LIV, set forth in Exhibit ‘A’ regarding accessory dwelling units, are hereby adopted.

SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

SECTION IV
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the __ day of ___ 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk

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EXHIBIT ‘A’ of ORDINANCE 2025-XX
ARTICLE LIV. ACCESSORY DWELLING UNITS

30.54.10: Purpose and intent.

The intent of this article is to provide for accessory dwelling units and junior accessory dwelling units on lots zoned to allow single-family, duplex and multifamily dwelling residential use and that include a proposed or existing primary residential dwelling consistent with California Government Code Section 65852.2 66310 et seq. Accessory dwelling units contribute needed housing to the City of Gilroy’s housing stock and enhance housing opportunities. An accessory dwelling unit is considered a residential use that is consistent with the existing general plan and zoning designations for the lot.

The accessory dwelling unit is not included in calculation of residential density for the purposes of determining general plan conformance

30.54.20: General requirements.

Notwithstanding any local ordinance regulating the issuance of variances or special use permits, or regulations adopted herein to the contrary, an application for a building permit to construct an accessory dwelling unit or junior accessory dwelling unit shall be approved or denied ministerially without discretionary review or hearing within sixty (60) days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. The following requirements apply to all accessory dwelling units:
(a) An accessory dwelling unit shall not be rented for periods less than thirty (30) days.

Short-term rentals are prohibited.
(b) An accessory dwelling unit shall not be sold separately from the primary residential structure except as permitted by California Government Code Section 65852.26(a). 66341.
(c) Prior to the issuance of a building permit final building inspection for an accessory dwelling unit and/or a junior accessory dwelling unit, the owner must record a deed restriction stating that any accessory dwelling unit on the property may not be rented for periods less than thirty (30) days and that any accessory dwelling unit may not be transferred or sold separately from the primary residential structure except as permitted by California Government Code Section 65852.26(a) 66341. (d) The installation of fire sprinklers shall not be required for an accessory dwelling unit if sprinklers are not otherwise required for the primary residence.

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(e) Accessory dwelling units are subject to the objective design standards and other zoning requirements of the zoning district in which the existing primary dwelling is located and must be built in accordance with the building code set forth in Chapter 6, except for those design, zoning, and building standards inconsistent with state requirements under California Government Code Sections 66310 et seq. Section 65852.2. Objective design standards and other zoning Zoning standards and requirements will be modified not be imposed if they would preclude the construction of at least an eight hundred (800) square foot attached or detached dwelling unit with four (4) foot side and rear yard setbacks.
(f) An accessory dwelling unit is not subject to residential accessory structure regulations.
(g) An accessory dwelling unit will not be subject to any charges and fees other than building permit fees generally applicable to residential construction in the zone in which the property is located, except as otherwise provided herein. (h) Any connection fees and capacity charges that may be required must be assessed in compliance with the provisions of Government Code Sections 66324 and 66338. 65852.2 and 65852.22.
(i) The accessory dwelling unit must contain water, sewer and gas and/or electric utility connections that are in working condition upon its occupancy. The accessory dwelling unit may be serviced by the primary residence or may have separate utility meters. The accessory dwelling unit will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities. (j) Ministerial approval of a permit for creation of an accessory dwelling unit shall not be conditioned on the correction of preexisting nonconforming zoning conditions. (k) A certificate of occupancy for any accessory dwelling unit shall not be issued before the local agency issues a certificate of occupancy for the primary dwelling. (l) If the applicant requests a delay in processing, the sixty (60) daytime period shall be tolled for the period of the delay.

30.54.30: Single-family residential accessory dwelling unit standards.

Notwithstanding any other provisions of this article or of this chapter to the contrary, residential accessory dwelling unit shall be a permitted as a single-family residential use that complies with California Government Code Sections 66310 et seq. 65852.2 and the following:

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(a) Zoning. An accessory dwelling unit shall be allowed on any residential parcel in any zoning district that permits residential or mixed-use development and which contains an existing or proposed primary single-family residential use. (b) Primary Dwelling Relationship. An accessory dwelling unit may be within, attached to, or detached from the proposed or existing primary dwelling; provided, that a singlefamily residential accessory dwelling unit contained within or attached to an existing primary dwelling unit shall have independent exterior access from the existing residence.
(c) Unit Type Combinations. Ministerial approval for a building permit within a residential or mixed-use zone is permitted to create any of the following:
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of this article and Government Code Sections 66333 and 66334 65852.22.
(2) One (1) detached, new construction, accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks for a lot with a proposed or existing singlefamily dwelling. (d) Size.
(1) A detached accessory dwelling unit shall not exceed a maximum size of one thousand (1,000) square feet in floor area.
(2) An attached accessory dwelling unit shall be permitted but shall not exceed fifty percent (50%) of the existing primary dwelling gross floor area, garage area excluded.

Notwithstanding this requirement, an eight hundred fifty (850) square foot one (1) bedroom or one thousand (1,000) square foot two (2) or more bedroom accessory dwelling unit shall be allowed.
(e) Height.

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(1) The maximum height for a detached accessory dwelling unit shall be one (1) story and sixteen (16) feet. Detached accessory dwelling units located within one-half (1/2) mile of a major transit stop or high-quality transit corridor are permitted to a maximum height of eighteen (18) feet, and may be up to two (2) feet or taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch of the primary dwelling unit. (2) The maximum height for a structure composed of a detached garage and an accessory dwelling unit that is proposed to be constructed above a detached garage shall be twenty-four (24) feet.
(3) An accessory dwelling unit attached to the primary dwelling is limited to the height allowed in the underlying zoning district.
(f) Setbacks. An accessory dwelling unit is subject to the design criteria and zoning requirements of the district in which the existing single-family dwelling is located and as follows:
(1) An accessory dwelling unit must not encroach upon the required front yard area unless it would preclude the construction of at least an eight hundred (800) square foot accessory dwelling unit with four (4) foot side and rear yard setbacks. (2) A setback of four (4) feet from the side and rear lot lines shall be required for a newly constructed accessory dwelling unit that is not constructed in the same location and to the same dimensions as an existing structure.
(3) No additional zoning setback is required for conversion of an existing permitted accessory structure, living area, or garage space, or conversion of a structure that is constructed in the same location and to the same dimensions as the existing structure. (g) Parking. One (1) additional parking space shall be required for a newly constructed accessory dwelling unit, which may be located within the front setback, in tandem and in an existing driveway. Parking in setback areas or tandem parking may be denied if found to be infeasible due to specific site or life safety conditions. Notwithstanding the above, a parking stall will not be required for an accessory dwelling unit that meets any of the following criteria:
(1) The accessory dwelling unit is created as a result of the conversion of existing area of the single-family residence or existing permitted single-family residential accessory structure.
(2) An existing single-family residential garage, carport, covered or parking structure, or uncovered parking space is converted or demolished to accommodate an accessory dwelling unit in the same location.

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DRAFT
(3) The accessory dwelling unit is within one-half (1/2) mile walking distance of a public transit station, such as a bus stop or train station.
(4) The property is within an architecturally and historically significant historic district. (5) On-street parking permits are required in the area but not offered to the occupant of the residential accessory dwelling unit.
(6) A car share vehicle is located within one (1) block of the accessory dwelling unit. (h) Design Standards. Architectural review of an attached or detached accessory dwelling unit will be limited to the following:
(1) The design of the single-family residential accessory dwelling unit must be compatible with the existing primary dwelling. This may be achieved through use of the same architectural details, including window styles, roof slopes, exterior materials, and colors. Architectural review shall not unreasonably restrict construction of the accessory dwelling unit.
(2) An accessory dwelling unit located within a historic site or neighborhood combining district will be subject to ministerial review for compliance with the design review criteria set forth in section 30.27.40 and must be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(3) Outside stairways serving a second story accessory dwelling unit shall not be constructed on any building elevation facing a public street. (4) No passageway will be required in conjunction with the construction of an accessory dwelling unit.
(53) An accessory dwelling unit must be built in accordance with the building code set forth in Chapter 6, except that any design, zoning, and building standards inconsistent with state requirements under California Government Code Sections 66314, 66321, 66322, and 66323 65852.2 shall not apply.

30.54.40: Junior accessory dwelling unit standards.

Notwithstanding any other provisions in this article or of this chapter to the contrary, a junior accessory dwelling unit shall be permitted within a single-family residential unit in compliance with the following standards:
(a) One (1) junior accessory dwelling unit may be permitted per residential lot zoned for a single-family residential use; provided, that the lot has not more than one (1) existing or proposed single-family residence, and not more than one (1) attached or detached residential accessory dwelling unit if constructed in compliance with all applicable limitations of section 30.54.30.

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(b) The unit must be constructed within the existing walls of an existing or proposed single-family dwelling.
(c) The square footage of the unit shall be at least the minimum size required for an efficiency unit, up to a maximum size of five hundred (500) square feet in floor area. (d) A separate entrance from the unit to the exterior of the residence shall be provided.

Internal connection may also be permitted.
(e) An efficiency kitchen must be provided in the unit which shall include all of the following:
(1) A cooking facility with appliances, which may be countertop appliances. (2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (f) The unit may include separate bathroom facilities or may share bathroom facilities contained within the primary residence. If a bathroom facility is shared with a primary residence, a separate interior entry to the main living area is required. (g) No separate utility connection, connection fee or capacity charge, or parking space shall be required for a junior accessory dwelling unit.

30.54.50: Multifamily and duplex residential accessory dwelling unit standards.

Notwithstanding any other provisions of this article or of this chapter to the contrary, accessory dwelling units within duplex or multifamily zoned and developed properties shall be permitted and comply with the following:
(a) Portions of the existing duplex or multifamily dwelling structure(s) that are not used as livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages) may be converted for use as accessory dwelling units; provided, that the total number of units must not exceed twenty-five percent (25%) of the existing multifamily dwelling units or one (1) unit, whichever is greater.
(b) An owner may also construct up to a maximum of two (2) eight (8) detached accessory dwelling units on a lot that has an existing permitted or proposed duplex or multifamily dwelling, subject to a height limit of sixteen (16) eighteen (18) feet and four (4) foot rear yard and side setbacks, provided that the number of accessory dwelling units does not exceed the number of existing dwelling units on the lot. (c) Height. Accessory dwelling units are limited to a maximum height of sixteen (16) feet, except as established below:

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DRAFT
(1) A detached accessory dwelling unit located within one-half (1/2) mile of a major transit stop or high-quality transit corridor is limited to a maximum height of eighteen (18) feet, and may be up to two (2) feet taller, for a maximum of twenty (20) feet, if necessary to match the roof pitch of the primary dwelling unit. (2) A detached accessory dwelling unit located on a parcel with a multistory, multifamily dwelling structure is limited to a maximum height of eighteen (18) feet. (d) Each unit shall be limited in accordance with the maximum size parameters provided in section 30.54.30(d).

30.54.60: Definitions.

As used in this article, the following terms shall be defined as follows:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and a food preparation area (which may include countertop appliances), and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. “Accessory dwelling unit” also includes the following:
(a) An efficiency unit, as defined in California Health and Safety Code Section 17958.1. (b) A manufactured home, as defined in California Health and Safety Code Section 18007.
“Attached accessory dwelling unit” means a residential dwelling unit that is created as a result of internal conversion, addition, or combination thereof made to the primary residential dwelling unit.
“High-quality transit corridor” means a corridor with fixed bus route service with service intervals no longer than fifteen (15) minutes during peak commute hours as defined in Section 21155 of the Public Resources Code.
“Junior accessory dwelling unit” means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

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“Major transit stop” means an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) twenty (20) minutes or less during the morning and afternoon peak commute periods as defined in Section 21064.3 of the Public Resources Code.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Consider Adopting an Urgency Interim Ordinance Prohibiting the Issuance of Tobacco Retailer Permits for a Period Not to Exceed Forty-Five (45) Days within the Downtown Specific Plan Area (M 25-13)
Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Michael Fossati, Planning Manager
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION

1. Adopt an Urgency Interim Ordinance establishing a temporary prohibition on the issuance or approval of any new Tobacco Retailer Permits within the Downtown Specific Plan area within the City of Gilroy pursuant to Government Code Section 65858; and

2. Make findings, as incorporated in the ordinance, that adoption of the ordinance is necessary for the immediate preservation of the public health, safety, and welfare, particularly regarding the protection of minors within the Downtown Specific Plan area.

EXECUTIVE SUMMARY
Staff has verified the opening of three new “smoke shops” in Gilroy since 2024, representing a significant increase in such establishments. Although the City Code does not define “smoke shop,” the term generally refers to retail outlets that sell products and accessories for smoking and vaping. The proliferation of smoke shops may adversely impact the community by increasing the availability of tobacco products, elevating public health risks, fostering associations with cannabis sales, and contributing to visual

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deterioration in commercial areas.

Recognizing the significant concerns raised by the Gilroy community and the density of small families and minors near the downtown area, Mayor Bozzo requested the City Council consider a temporary prohibition within the Downtown Specific Plan area. In response, staff has drafted an urgency ordinance that temporarily prohibits the issuance of new tobacco retailer permits while permanent regulations are developed. This interim period will enable staff to more precisely categorize tobacco retailer types and associated uses, thereby equipping the City Council with the information required to regulate specific retail activities in types of tobacco retail sales.

BACKGROUND
In 2014, the City adopted an ordinance requiring all tobacco retailers obtain a Tobacco Retailer Permit. The ordinance was intended to “ensure that retailers comply with tobacco control laws and city business standards to protect the public health, safety and welfare” and includes general regulations, application procedures, and objective standards. The ordinance prohibits new tobacco retailing within one thousand (1,000) feet of a school, but permitted retailers to operate in the commercial and mixed-use zoning districts of the city, as long as they met the requirements established by the ordinance.

Several neighboring jurisdictions, including Morgan Hill, Hollister, unincorporated Santa Clara County, and unincorporated San Benito County, have restricted tobacco retailers by limiting the sale of flavored tobacco and vaping products, which are commonly sold in smoke shops. Except for restrictions on proximity to schools, Gilroy lacks such policies and has a higher per capita concentration of tobacco retailers, distinguishing it from other cities in the region.

Tobacco Retailers Per Capita & Adjacent Community Policies City/County
Retailer per
1,000
Residents
Tobacco
Permit
Required
Limits
Near
Schools
Local
Flavored
Sales
Restriction
Restricts
Vaping
Products
Gilroy 0.9 Yes Yes No No
Morgan Hill 0.7 Yes Yes Yes Yes
Hollister 0.7 Yes No No No
Unincorporated
Santa Clara
County

0.1 Yes Yes Yes Yes
Unincorporated
San Benito
County

0.4 No No Yes No
Although Gilroy does not have a local prohibition of selling flavored tobacco, the City

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relies on Senate Bill 793 (SB 793) which bans the sale of any flavored tobacco products in all of California.

The City currently has 50 tobacco retailer permits, averaging 0.9 retailers per 1,000 residents. Most tobacco retailers are typically found within grocery, liquor, or convenience stores. However, over the past year-and-a-half, the City has experienced a significant increase in applications for establishing stand-alone smoke shop retailers.

In response to the increase in smoke shops, the Gilroy Police Department, Gilroy Community Development Department Code Enforcement Division, and the California Department of Tax and Fee Administration (CDTFA) inspected several locations for compliance with City and State regulations. Violations included selling prohibited products, lacking required permits, and operating without business licenses. Authorities seized items and issued violations at each site.

ANALYSIS
Tobacco is sold in various retail outlets, including grocery stores, convenience stores, liquor stores, and specialized retailers known as “smoke shops.” Recently, Gilroy has seen a rise in the number of smoke shops, with three new locations opened since 2024.

This increase has raised concerns about public health and the effects on the surrounding neighborhoods, which include the following:
• Increased availability of tobacco products may lead to higher usage rates and related health risks.
• Smoking-related illnesses place additional demands on community health resources and increase healthcare costs.
• Cigarette butts and packaging contribute to litter and environmental degradation.

• A higher concentration of retailers can make it more challenging to monitor and enforce age restrictions and tobacco sales laws.
• An overconcentration of tobacco retailers may contribute to visual blight, reduce retail diversity, and alter the community’s character.
• Increased accessibility to tobacco products due to proximity of smoke shops to youth-populated areas, which correlates with higher youth smoking rates and susceptibility.
• Insufficient enforcement of age verification in tobacco and smoke shops leads to higher sales to minors compared to other retail types, undermining legal restrictions.
• Targeted marketing strategies that appeal to youth, including flavored products,

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appealing packaging, showy signage, and prominent advertising near point of sale, which disproportionately influence minors.

The proposed urgency ordinance aims to provide the City with the necessary tool to stop the recent surge in stand-alone tobacco retailers (“smoke shops”) and subsequently adopt appropriate regulatory measures.

Recognizing the significant concerns raised by the Gilroy community and the density of small families and minors near the downtown area, Mayor Bozzo requested the City Council consider a temporary prohibition within the Downtown Specific Plan (DSP) area districts. The streets that bound these districts are centered along Monterey Street, with the south boundary roughly at Luchessa Avenue, north boundary extending to Leavesley Road, west boundary along Eigleberry Street, and east boundary following Railroad Street.

Under California Constitution Article XI, Section 7 and Government Code Section 65858, the City of Gilroy may adopt an urgency interim ordinance as an immediate measure to protect public health, safety, or welfare. Since the City currently does not impose specific zoning or licensing restrictions on tobacco retailers beyond standard business license requirements and location requirements from public schools, staff find it in the best interest of the City to prohibit tobacco retailer permits for a period not to exceed forty-five (45) days to allow staff to further study the issue.

An urgency ordinance must be passed by a four-fifths vote. If at least six (6) Councilmembers vote to pass the urgency ordinance, it would take effect immediately as of November 3, 2025, and remain in effect until December 17, 2025, at which time staff will provide an update depending on the further study of the issue.

Urgency Justification
Immediate action is needed to prevent businesses from obtaining tobacco retailer permits within the DSP before protective regulations are established. Enacting this measure now will maintain current conditions while comprehensive standards are developed.

ALTERNATIVES

1. Adopt the urgency interim ordinance for the Downtown Specific Plan area as recommended to preserve public health protections immediately.

2. Adopt an urgency interim ordinance citywide to preserve public health protections immediately.

3. Direct staff to return with a non-urgency ordinance, which would delay the City’s ability to prohibit more tobacco retailers by at least 45 days, and risk new permits issued during the interim.

4. Take no action. If no action is taken, tobacco retailers may proliferate in the City,

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which does not align with local, state, and regional health objectives.

FISCAL IMPACT/FUNDING SOURCE
Implementing new zoning regulations and drafting ordinances require staff time and resources. These activities are usually funded by the City’s General Fund. If the urgency ordinance on tobacco retailers is enacted, it will not affect existing tobacco retailers or the sales tax revenues generated from tobacco sales.

PUBLIC OUTREACH
California Government Code Section 36937 states that urgency ordinances adopted by cities are exempt from advance public notice and waiting period required for standard ordinances. Urgency ordinances can be adopted immediately, with a four-fifths vote, at either a regular or special meeting, if the City Council determines that there is an urgent need to act to protect public peace, health, or safety.

NEXT STEPS
If approved, the proposed ordinance will take effect immediately and will remain in effect for 45 days. Before December 17, 2025, staff will either present a permanent ordinance or request an extension to conduct further study on the issue. An initial extension may last up to 10 months and 15 days.

Attachments:

1. Proposed Urgency Interim Ordinance

2. Article “Gilroy smoke shops cited for selling flavored tobacco, magic mushrooms,” dated April 28, 2025

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Attachment 1
ORDINANCE NO. 2025-XX

AN URGENCY INTERIM ORDINANCE OF THE CITY OF GILROY PROHIBITING THE

ISSUANCE OF TOBACCO RETAILER PERMITS FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS WITHIN THE GILROY DOWNTOWN SPECIFIC PLAN AREA WHEREAS, the City of Gilroy (“City”) is a municipal corporation duly organized as a Charter City under the California Constitution and laws of the State of California; and
WHEREAS, the City Council has broad discretion pursuant the California Constitution Article XI, Section 5; and the general laws of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code section 65000 et seq.) to legislate for public purposes and for the general welfare, including, but not limited to, matters of public health and safety; and
WHEREAS, California Government Code Section 65858 sets forth procedures for the adoption of an urgency interim ordinance to prohibit the approval of applications for additional subdivisions, use permits, variances, building permits, and other applicable entitlements for uses that may be in conflict with a contemplated specific plan or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study; and WHEREAS, on November 7, 2005 the City adopted the Gilroy Downtown Specific Plan, which serves as the regulatory and design framework to guide redevelopment and revitalization of downtown Gilroy over a 20-year period, focusing on mixed-use development, economic vitality, walkability, and community cohesion and are regulated within the Article XIV of the Gilroy Municipal Code titled “Downtown Specific Plan Districts” (Ord. No. 2019-08; Gilroy Code Section 30.14 et seq); and WHEREAS, Section V of the City of Gilroy Downtown Specific Plan holds a vision to serve as a primary retail and entertainment destination, with youth-oriented entertainment uses and a prohibition of adult stores; and

WHEREAS, on November 17, 2014, the City adopted an Ordinance requiring all tobacco retailers to obtain a “Tobacco Retailer Permit” to ensure that retailers comply with tobacco control laws and City business standards (Ord. No. 2014-14; Gilroy Code Section 13.66 et seq); and
WHEREAS, in California, individuals under the age of 21 are prohibited from purchasing or using tobacco or cannabis products. This regulation is based on evidence that smoking is the leading cause of preventable disease and mortality worldwide.

Smokeless tobacco is also associated with increased risk for several cancers, including those of the mouth, esophagus, and pancreas. Additionally, marijuana smoke contains many of the same toxins, irritants, and carcinogens found in tobacco smoke; and

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Ordinance No. 2025-XX
Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025

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WHEREAS, while the majority of tobacco retailers in the City operate in conjunction with another land use activity (i.e., part of a grocery store, liquor store, gas station, convenience store), in the past year-and-a-half the City has seen a significant increase in the number of stand-alone “Smoke Shop” tobacco retail stores; and WHEREAS, the prevalence of tobacco retail establishments within the Downtown Specific Plan Districts may contribute to various adverse effects because of the associated health risks and density to walkable areas where minors frequent. In addition, social and economic burdens due to smoking-related illnesses place demands on community health resources and increase healthcare costs. Tobacco retailer businesses can also be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity. Hemp products have also been found to be sold in tobacco retailer businesses and smoke shops, with marketing aimed towards children featuring colorful packaging designs and sweet candy flavors. Cigarette butts and packaging contribute to litter and environmental degradation; and
WHEREAS, tobacco retail stores have been a source of unlawful activities in the City, including April 2025, where the California Department of Tax and Fee Administration (CDTFA) and the City of Gilroy confiscated flavored tobacco products and hallucinogenic psilocybin that are illegal to sell from certain local tobacco retail businesses; and
WHEREAS, considering the foregoing findings, the City Council finds that there is a current and immediate threat to public health, safety, and welfare, and that approval of additional tobacco retailer permits within the Downtown Specific Plan Districts would result in and exacerbate that threat to public health, safety and welfare; and WHEREAS, within a reasonable time, the City Council or staff is considering or studying or intends to study a contemplated general plan, specific plan, or zoning proposal to address the foregoing concerns, with which the uses currently authorized by tobacco retailer permits may be in conflict; and
WHEREAS, on November 3, 2025, in accordance with State law, the City Council provided due consideration of all evidence presented and provided in the entire administrative record and held a duly noticed public hearing and took testimony regarding this urgency interim ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Recitals.

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Ordinance No. 2025-XX
Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025

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-3-
The above recitals are true and correct and hereby adopted as the City Council’s findings.

SECTION II. Purpose and Authority.

In the interest of protecting the health, safety, and welfare of the residents in the City of Gilroy, it is the purpose and intent of this urgency interim Ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer business in the Downtown Specific Plan Districts, which pursuant to Article XIV of the Gilroy Municipal Code consists of the Downtown Historic District, the Downtown Expansion District, the Civil/Cultural Arts District, the Transitional District, the Cannery District, and the Gateway District. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of a tobacco retailer business as defined in Gilroy Municipal Code Section 13.66. The City Council has authority to adopt this Ordinance pursuant to California Government Code Section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

SECTION III. Findings.

The City Council hereby finds and determines that tobacco retailer businesses in the Downtown Specific Plan Districts constitute an immediate threat to public health, safety, and welfare. The approval of additional entitlements for Tobacco Retailer Permits and approval of the relocation or physical expansion of existing tobacco retailer business under the City’s current regulations will further threaten the public health, safety, and welfare. The adoption of this urgency interim Ordinance is therefore necessary for the immediate protection of public health, safety, and welfare. The above recitals are incorporated herein by reference as true and correct as the Council’s findings.

SECTION IV. Moratorium Imposed.

This Ordinance imposes a moratorium on the issuance of any Tobacco Retailer Permit, as set forth by Chapter 13 Article VIII (Tobacco Retailer Permit) of the Gilroy Municipal Code in the Downtown Specific Plan Districts. This moratorium shall not apply to the renewal of an existing tobacco retailer’s permit previously issued by the City of Gilroy.

SECTION V. Violation.

Except as otherwise permitted under this urgency interim Ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within the limits of the Downtown Specific Plan Districts is declared to be a public nuisance. Violations of this urgency interim Ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the

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Ordinance No. 2025-XX
Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025

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-4-
Gilroy Municipal Code.

SECTION VI. Term of Ordinance.

This urgency interim Ordinance shall be in effect from the date of adoption for a period of forty-five (45) days, unless it is extended pursuant to California Government Code Section 65858 or other applicable law, as approved by the City Council.

SECTION VII. Severability.

If any section, subsection, subdivision, sentence, clause or phrase of this urgency interim Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this urgency interim Ordinance. The City Council hereby declares that it would have passed this urgency interim Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases may be declared unconstitutional or otherwise invalid by a court of competent jurisdiction.

SECTION VIII. CEQA Determination
This urgency interim Ordinance is exempt from environmental analysis under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that this Ordinance has no possibility of having a significant effect on the environment, as it merely preserves the status quo in accordance with Government Code Section 65858 in the interest of evaluating and preventing potential harms related to tobacco sales.

SECTION IX. Effective Date.

This urgency interim Ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an interim urgency Ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code Section 36937(b).

SECTION X. Publication.

The City Clerk shall cause this Ordinance to be published and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in a newspaper of general circulation, such as the Gilroy Dispatch.

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Ordinance No. 2025-XX
Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025

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-5-
PASSED AND ADOPTED by the City Council of the City of Gilroy this 3rd day of November 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk

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Gilroy smoke shops cited for selling flavored
tobacco, magic mushrooms
Police and state officials conducted investigation, search BY STAFF REPORT - April 28, 2025
Authorities recently cited four Gilroy businesses for illegally selling flavored tobacco products and items containing hallucinogenic psilocybin, Gilroy Police said.

The Gilroy Police Department and the California Department of Tax and Fee Administration recently performed a targeted enforcement operation at local smoke shops suspected of selling prohibited items, Gilroy PD said in a press release. The officers obtained and executed search warrants at four businesses within Gilroy.

During the inspections and searches, investigators found and seized a “significant quantity” of flavored tobacco products that are prohibited under state law, police said. Also seized during the operation were products containing psilocybin, commonly known as “magic mushrooms.” Police said the following businesses were cited for violations related to the possession and sale of the prohibited products: Cloudz Smoke Shop, 8395 Forest Street; Green Rush Smoke Shop, 8620 San Ysidro Avenue; Rock Zone Smoke Shop, 1323 First Street; Fusion Smoke Shop, 8375 Monterey Road.

Gilroy Police released this photo of prohibited items that had been available for sale at smoke shops in Gilroy. The items were seized by police after the Gilroy Police Department and California Department of Tax and Fee Administration conducted an investigation. Photo: Contributed
https://gilroydispatch.com/gilroy-smoke-shops-cited-for-selling-flavored-tobacco-magic-mushrooms/ Attachment 2

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City of Gilroy

STAFF REPORT
Agenda Item Title: Update on Downtown Plywood Storefront Ordinance and Downtown Vacancy Ordinance Proposal
Meeting Date: November 3, 2025
From: Brad Kilger, Interim City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Tony Gonzalez, Supervising Code Enforcement Officer Hipolito Olmos, Building Official
STRATEGIC PLAN GOALS: Promote Economic Development Activities

RECOMMENDATION
Receive the update from staff and direct staff to update, strengthen, and revive the expired Gilroy City Code Chapter 5D, "Vacant Commercial Space in the Downtown Historic and Downtown Expansion Districts," without a vacancy tax at this time.

EXECUTIVE SUMMARY
Staff is providing an analysis and research of the proposals of the Downtown Committee Plywood Removal Subcommittee and Vacancy Ordinance Subcommittee.

Staff analysis shows the merits of pursuing an update and expansion of Chapter 5D of the Gilroy City Code as an effective way to significantly enhance downtown's aesthetics and economic vitality. However, staff does not recommend a vacancy tax at this time because a San Francisco vacancy tax was struck down in Debbane v. City and County of San Francisco in 2024. This San Francisco Superior Court ruling, along with the California Legislature's consideration of Senate Bill (SB) 789 (2025) of commercial real property registration and annual vacancy filing with the California Department of Tax and Fee Administration, suggests that the City should wait to enact a vacancy tax until the legal considerations are fully developed.

BACKGROUND

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In 2023, the City Council established the Downtown Committee to focus on economically enhancing and revitalizing Downtown Gilroy. From its inception, the Committee identified plywood coverings on vacant storefronts and long-term vacant buildings as major visual and economic deterrents. These elements harm the downtown's image, economic activity, and community safety.

To address these challenges, the Downtown Committee formed two specialized subcommittees:
• Plywood Removal Subcommittee (PRS): Tasked with developing strategies and regulations to minimize or eliminate unsightly plywood coverings on vacant storefronts, while promoting aesthetically pleasing and transparent alternatives. • Vacancy Ordinance Subcommittee (VOS): Focused on addressing prolonged vacancies in downtown buildings through new regulations and incentives to promote occupancy.

On January 8, 2024, the PRS and VOS presented their joint report and recommendations to the City Council (see Attachment 1), who directed staff to add the two items to the Community Development Department’s workplan. In subsequent updates to the City Council, staff noted that these items fell under the discretionary category – City initiatives for the public good that are typically Council- or communitydriven but not mandated or core services. Staff also estimated completion by June 2025 (FY 2025 Q4), balancing priorities, daily operations, and mandated and core items against limited resources.

In spring 2025, during budget and workplan development, a long-term Code Enforcement Officer retired – just as the GilroyConnect (SeeClickFix) platform launched – requiring staff to defer these items to FY 2026.

This report analyzes the Downtown Committee's proposal, evaluating its potential to greatly improve downtown aesthetics and economic vitality. While the benefits are evident, challenges include financial burdens on property owners and the need for additional staffing.

ANALYSIS
Plywood Removal Subcommittee
City regulations pertaining to vacant commercial space in downtown are contained in Gilroy City Code Chapter 5D. However, this ordinance expired when the Seismic Safety Ordinance expired in 2016 pursuant to Resolution 2015-56.

Key Provisions of Plywood Removal Subcommittee’s Proposal The Plywood Removal Subcommittee's proposed amendments to the expired Vacant Commercial Space in Downtown Ordinance aim to mitigate visual blight caused by

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prolonged vacant storefronts and neglected properties through a multi-faceted approach. Key provisions include the following:
▪ Enforcement Actions: Code Enforcement will issue notices to property owners when a building has been vacant for 90 consecutive days, initiating a requirement for property registration.
▪ Permissible Window Coverings: Displays of art or other cultural, historical, or educational values will be permitted. All artworks must be respectful and appropriate for all ages, ensuring that decorations contribute positively to the downtown environment and reflect community values. Examples of such displays will be provided by the Community Development Department to guide property owners.
▪ Prohibited Window Coverings: The use of drywall, sheeting, plastic, butcher paper, or plain paper as coverings will be prohibited.
▪ Plywood Use: The use of bare plywood for up to 90 days is allowed. After this 90-day period, the plywood must be covered with one of the permitted coverings.

A $500 fine per month will be imposed for failure to decorate plywood after 90 days.
▪ Temporary Plywood Frontage: Temporary plywood frontage must be removed after one year, with a potential one-year extension granted for extenuating circumstances. A fine of $250 per month will be imposed for failure to remove temporary plywood frontage after the allowed time.
▪ Fine Collection: Fines may be assessed on the property tax bill, streamlining the collection process and increasing compliance rates.

Feasibility Assessment of Plywood Removal Subcommittee’s Proposal The former Vacant Commercial Space in Downtown Ordinance mandated property owners to register a vacant building after 10 consecutive days of vacancy. After 90 consecutive days, responsible parties were required to install specific types of displays in ground-floor windows facing public areas, including faux window dressings, works of art, window paintings, or other measures approved by the Community Development Director. The expired ordinance also established an annual $120 registration fee with penalties for non-payment and authorized Code Enforcement inspections.

The Subcommittee’s proposed amendments build upon this foundation, offering significant enhancements to the effectiveness and enforceability of the expired ordinance, as outlined below:
• Enhanced Enforcement and Clarity

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