Agenda packet — Los Gatos City Council, March 15, 2022 (part 1 of 2)

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How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.

Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject. Disruption of the meeting may result in a violation of Penal Code 403.

Deadlines for Public Comment and Presentations are as follows:
 Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
 Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting o

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
MARCH 15, 2022

TELECONFERENCE
7:00 PM
Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member

PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.

Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.

Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

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TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
MARCH 15, 2022

TELECONFERENCE
7:00 PM

IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations.

Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below).

PARTICIPATION
To provide oral comments in real-time during the meeting:
 Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join:
https://us06web.zoom.us/j/81381772838?pwd=YWQ4UUhSblNFQTEzT2RJTFpEUnlhdz0

9. Passcode: 258155. You can also type in 813 8177 2838 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
 Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636-651- 0008 US Toll. Conference code: 969184
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. If you are participating by calling in, press #2 on your telephone keypad to raise your hand.

When called to speak, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting.

If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.

If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.

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REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE

MAYOR MARIA RISTOW, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by roll call vote.

RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.

The Town does not tolerate disruptive conduct, which includes but is not limited to:
 addressing the town Council without first being recognized;  interrupting speakers, Town Council, or Town staff;
 continuing to speak after the allotted time has expired;  failing to relinquish the microphone when directed to do do;  repetitiously addressing the same subject.

Town Policy does not allow speakers to cede their commenting time to another speaker.

Disruption of the meeting may result in a violation of Penal Code 403.

MEETING CALL TO ORDER

ROLL CALL

PRESENTATIONS
i. Red Cross Proclamation

CLOSED SESSION REPORT

COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on

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the item will be heard.)

1. Approve Draft Closed Session Minutes of the March 1, 2022 Town Council Meeting.

2. Approve Draft Minutes of the March 1, 2022 Town Council Meeting.

3. Approve Draft Minutes of the Town Council Special Meeting - Council Retreat of March 5, 2022.

4. Approve Draft Minutes of the Town Council Closed Session Meeting of March 7, 2022.

5. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic.

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6. Adopt the Council Policy Committee’s Recommendation to Amend Council Policy 2-11 Commission Appointment Policy in Relation to the Adult Commissioner Interview Date and Option of Interview Method.

7. Accept the Annual Progress Report for General Plan and Housing Element Implementation.

8. Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc. to Include:
a. An Increase to the Contract Amount for Fiscal Year 2021/22 in the Amount of $67,000;
b. An Expenditure Budget Adjustment in the Amount of $67,000 from Available Fiscal Year 2021/22 Parks and Public Works Department – Engineering Development Services Program Revenues; and
c. An Increase to the Remaining Ongoing Annual Contract Amount by a Total of $50,000 per Year from Fiscal Year 2022/23 to Fiscal Year 2024/25, Subject to the Appropriation of Funds, for a Total Revised Five-Year Contract Amount Not to Exceed $900,567.

9. Corporation Yard Building Replacement Project (CIP No. 821-2302):
a. Reject all Bids for the Corporation Yard Building Replacement CIP Project No. 821- 2302 and Authorize the Town Manager to Rebid the Project; and b. Authorize the Town Manager to Execute a Fourth Amendment to Agreement with Cuschieri Horton Architects in an Amount of $9,390 for a Total Agreement Amount Not to Exceed $227,840 for Plan Revisions; and
c. Authorize an Expenditure Budget Adjustment in the Amount of $600,000 to the Project from Available General Fund Appropriated Reserve and General Fund Capital/Special Projects Reserve.

10. Authorize the Town Manager to Execute an Agreement for Services with Ashron Construction and Restoration, Inc. for Structural Repairs and Waterproofing of the Lot 4 Parking Structure Project (CIP No. 817-0708) in an Amount not to Exceed $179,800 Plus an Additional $20,000 for Unanticipated Repairs for a Total Agreement Amount not to Exceed $199,800.

11. Adopt a Resolution for the California Public Employees’ Retirement System to Appoint a Retiree as an Interim Parks and Public Works Director.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

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12. Fee and Fine Schedules for Fiscal Year 2022/23
a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2022/23 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2022/23; b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2022/23 to Continue Certain Department Fines.

OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

13. Adopt the Council Policy Committee’s Recommendation to Retain the Current Style of Study Session Action Minutes.

14. Approve a Wayfinding Design Concept and Discuss Progress on the Downtown Parking Roadmap.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).

Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website.

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting - Closed Session Tuesday, March 1, 2022
The Town Council of the Town of Los Gatos conducted a special meeting utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361 in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 65950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, March 1, 2022, at 4:15 p.m. to hold a Closed Session.

MEETING CALLED TO ORDER AT 4:15 P.M.

ROLL CALL

Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary Badame, Council Member Matthew Hudes Council Member Maria Ristow. (All participating remotely).

Absent: None

VERBAL COMMUNICATIONS
Ami Davis, NUMU Executive Director
- Reviewed NUMU’s proposal to modify the lease.

Jan Schwartz, Board President
- Reviewed NUMU’s proposal to modify the lease.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:

1. Conference with Real Property Negotiator (Government Code Section 54956.8) Property: 106 E Main Street (NUMU)
Negotiating Parties: Town of Los Gatos, NUMU
Negotiator: Arn Andrews, Assistant Town Manager and NUMU Representative Negotiations: Price and terms of sale or lease

2. Public Employee Recruitment for Future Appointment
[Government Code Section 54957(b)(1)]
Title: Town Attorney

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PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of March 1, 2022 DATE: March 7, 2022

ADJOURNMENT
Closed Session adjourned at 6:13 p.m.

Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Clerk Laurel Prevetti, Town Manager

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
March 1, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, March 1, 2022 at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:00 P.M.

ROLL CALL

Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (all participating remotely).

Absent: None

PRESENTATIONS
Mayor Rennie presented commendations to the 2021 STEM award winners.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he attended the Senior Service Workplan Sub-Committee and Senior Service Committee meetings, State of the Valley Conference, SV@Home Council Roundtable, Town’s Objective Standards community meeting as an observer, Swearing-In of Police Chief Jamie Field, Santa Clara County Emergency Operations Council meeting, and Ribbon Cutting for Tasting House; and met with residents regarding parking for wheelchair users.
- Vice Mayor Ristow stated she attended the Housing Element Advisory Board (HEAB) meeting, SV@Home Council Roundtable, two Democracy Tent meetings, and Swearing-In of Police Chief Jamie Field; and met with residents and Supervisor Joe Simitian. - Council Member Badame stated she met with Finance Commissioner Kyle Park, resident Joanne Rodgers with other residents and Town Manager Prevetti, and Los Gatos Community Alliance; observed a Democracy Tent meeting; attended Council Policy Committee meeting, Swearing-In of Police Chief Jamie Field, Senior Service Committee meeting as an observer, and Tasting House Ribbon Cutting. - Council Member Sayoc stated in addition the meetings already stated, she is continuing work with Cities Association and Cal Cities Peninsula Division.

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PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Council Matters – continued
- Mayor Rennie recognized Dick Sparrer for his contribution to the community as a former editor of the Weekly who passed away; stated he supported to the people of Ukraine; attended the Bay Area Air Quality Management District (BAAQMD) Board and Stationary Source Committee meetings; judged the Lion’s Club Speaker Contest; attended the Campo Di Bocce anniversary event, Tasting House Ribbon Cutting, Valley Transportation Authority (VTA) Board Study Session meeting, Cities Association Closed Session meeting, West Valley Mayors and Managers meeting, Swearing-In of Police Chief Jamie Field, and Senior Service Committee meeting; and met with the principals of Earth Foundries.

Manager Matters
- Announced Adult Commissioner recruitment is underway; the application period closes on March 25 at 4:00 p.m. Interviews are scheduled for April 5. - Announced two community surveys, one for seniors 60 and older and a community wide survey to help inform future decisions for the Town.

CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in closed session as duly noted on the agenda and that there is no reportable action.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve Draft Minutes of the February 14, 2022 Closed Session Town Council Meeting.

2. Approve Draft Minutes of the February 15, 2022 Closed Session Town Council Meeting.

3. Approve Draft Minutes of the February 15, 2022 Town Council Meeting.

4. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic. RESOLUTION 2022-006

5. Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Roseleaf Lane No. 1, Approximately 1.3534 Acres on Property Pre-Zoned R-1:8. APN 523-18-021. Annexation Application AN21-004. Project Location: 16253 Roseleaf Lane. Property Owner/Applicant: Jindan Li. RESOLUTION 2022-007

6. Authorize the Town Manager to Execute a First Amendment to the Agreement with MGroup for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant Program Application by Extending the Term of the Agreement and Increasing Compensation to a Total Not to Exceed $107,679 Including Contingencies.

7. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2020/21 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates, and Authorize the Town Clerk to File for Recordation.

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SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Consent Items – continued

8. Oak Meadow Bandstand Area Improvements (CIP No. 831-4007) Staff Recommends the Following Actions:
a. Accept Per Capita Program Grant Funds in Amounts of $177,952 and $18,778 from the California Department of Parks and Recreation; and
b. Authorize the Town Manager to Execute Grant Agreements for the Per Capita Program; and
c. Authorize Revenue and Expenditure Budget Decrease for the Project in an Amount of $159,174 to Recognize Only the Los Gatos Per Capital Share of the Grant in the Fiscal Year 2021/22 Capital Improvement Program Budget for the Grant Funds.

9. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Public Right-of-Way Improvements for 15630 and 15632 Los GatosAlmaden Road, Completed by DBI Construction, Inc., and Authorize the Town Clerk to Submit for Recordation
Opened public comment.

No one spoke.

Closed public comment.

MOTION: Motion by Vice Mayor Ristow to approve consent items 1-9. Seconded by Council Member Badame.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Kylie Clark, West Valley Community Services
- Invited the Council and members of the public to an event titled “Envisioning an Inclusive Los Gatos” on March 6.

Cyndi Walker
- Commented on speeding and traffic safety concerns on Los Gatos-Almaden Road.

Kevin Youkilis, Loma Brewing Company
- Requested direction to identify the public and private sections of Grays Lane.

Joanne Rodgers, Community Against Substance Abuse (CASA) - Commented on the cannabis consultant contract and in opposition of allowing cannabis dispensaries in Los Gatos.

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SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Verbal Communications – continued
Joe Rodgers
- Inquired where commercial cannabis operations may be allowed to open and the financial impacts.

Travis Rodgers
- Commented in opposition of allowing cannabis dispensaries in Los Gatos.

Luke Leroy
- Commented in opposition of allowing cannabis dispensaries.

Catherine Somers, Chamber of Commerce Executive Director - Announced the 2022 Chamber Annual Luncheon winners.

Stacey Hein
- Commented in opposition of allowing cannabis dispensaries in Los Gatos.

OTHER BUSINESS

10. Receive Report on Town Sustainability Efforts.

Marina Chislett, Environmental Programs Specialist, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item and received the report.

11. Shannon Road Pedestrian and Bikeway Improvements (CIP No. 813-0218):
a. Receive an Update on the Shannon Road Pedestrian and Bikeway Improvements Project;
b. Accept a Transportation Fund for Clean Air Grant in the Amount of $174,250 from the Santa Clara Valley Transportation Authority;
c. Authorize the Town Manager to Execute a Grant Agreement with the Santa Clara Valley Transportation Authority for the Transportation Fund for Clean Air Funds; d. Authorize a Revenue and Expenditure Increase for the Project in the Amount of $174,250 in the Fiscal Year 2021/22 Capital Improvement Program Budget for the Grant Funds; and

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SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Other Business Item #10 - continued
e. Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Design Services, in an Amount of $44,840, for a Total Agreement Amount Not to Exceed $171,471.

WooJae Kim, Town Engineer, presented the staff report.

Opened public comment.

Cheri Binkley
- Commented in opposition to the bike lane buffers between parked cars as stated in the report and requested Council consider planters instead.

Jeff Thompson
- Commented in support of the bike lane buffers between bikes and car traffic.

Kylie Clark
- Commented in support of the Shannon Road improvements as-is.

Andy Horwitz
- Commented in opposition of the proposed streetscape changes.

Rob Moore
- Commented in support of the three-foot bike lane buffers.

Bill Elhers, Complete Streets and Transportation Commissioner - Commented in support of the proposed bike lane buffers.

Mark Wyss
- Commented in support of greenery between parking spaces and in opposition of the threefoot buffer.

Maria Gerst
- Commented in support of the project and would like more green space.

Ned Finkle
- Commented in support of traffic calming measures, green space, and smaller buffers.

Peter Binkley
- Commented in support of green space and in opposition of the three-foot buffer between parked cars and bike lane.

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PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Other Business Item #11 – continued
Closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Ristow to:
 Accept a Transportation Fund for Clean Air Grant in the Amount of $174,250 from the Santa Clara Valley Transportation Authority;
 Authorize the Town Manager to Execute a Grant Agreement with the Santa Clara Valley Transportation Authority for the Transportation Fund for Clean Air Funds;  Authorize a Revenue and Expenditure Increase for the Project in the Amount of $174,250 in the Fiscal Year 2021/22 Capital Improvement Program Budget for the Grant Funds;
 Authorize the Town Manager to Execute the First Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Design Services, in an Amount of $44,840, for a Total Agreement Amount Not to Exceed $171,471;
 Authorize staff to continue to work with the community on potential minor revisions as feasible.

Seconded by Council Member Sayoc.

VOTE: Motion passed unanimously.

Recess 9:23 p.m.

Reconvene 9:31 p.m.

12. Los Gatos Creek Trail to Highway 9 Trailhead Connector Funding Plan (Project 832-4505):
a. Receive a One Bay Area Grant (OBAG) Grant and Commit Town Funds in an Amount up to $1,000,000 to Leverage Grants in Completing the Funding Plan for the Construction Phase of the Los Gatos Creek Trailhead Connector Project; b. Authorize The Town Manager to Submit a Grant Application to the Santa Clara Valley Transportation Authority in The Transportation Fund for Clean Air (TFCA) Program; and c. Adopt A Resolution Authorizing an Application in the Valley Water’s Safe Clean Water and Natural Flood Protection Program. RESOLUTION 2022-008 Matt Morley, Parks and Public Works Director, and Ying Smith, Transportation and Mobility Manager, presented the staff report.

Opened public comment.

No one spoke.

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PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of March 1, 2022 DATE: March 1, 2022
Other Business Item #12 – continued
Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Sayoc to:
 Receive a One Bay Area Grant (OBAG) Grant and Commit Town Funds in an Amount up to $1,000,000 to Leverage Grants in Completing the Funding Plan for the Construction Phase of the Los Gatos Creek Trailhead Connector Project;  Authorize The Town Manager to Submit a Grant Application to the Santa Clara Valley Transportation Authority in The Transportation Fund for Clean Air (TFCA) Program; and
 Adopt A Resolution Authorizing an Application in the Valley Water’s Safe Clean Water and Natural Flood Protection Program.

Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

13. Review the Fiscal Year 2021/22 – 2025/26 Capital Improvement Program and Provide Input for Fiscal Year 2022/23 – 2026/27 Budget Planning.

Matt Morley, Parks and Public Works Director, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item and provided input to staff.

ADJOURNMENT
The meeting adjourned at 10:37 p.m.

Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Council Retreat March 5, 2022
The Town Council of the Town of Los Gatos conducted a special meeting in-person and provided the public an opportunity to participate either in public or via Teleconference on Saturday, March 5, 2022, to hold a Council Retreat at 10:00 a.m.

MEETING CALLED TO ORDER AT 10:02 A.M.

ROLL CALL

Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.

Absent: None

PLEDGE OF ALLEGIANCE

RETREAT OVERVIEW
i. Council Retreat

VERBAL COMMUNICATIONS FOR ITEMS ON THE AGENDA
No one spoke.

WARM UP EXERCISE

TOWN COUNCIL STRENGTHS

DECISION MAKING STYLES OF EACH COUNCIL MEMBER

TOWN COUNCIL VISIONS

VALUES, NORMS, AND PRINCIPLES

WRAP UP AND NEXT STEPS

MEETING ADJOURNED
Meeting adjourned at 2:00 p.m.

Attest:
_____________________________________
Shelley Neis, Town Clerk

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 4
DRAFT
Minutes of the Town Council Special Meeting - Closed Session March 7, 2022
The Town Council of the Town of Los Gatos conducted a special meeting in-person and provided the public an opportunity to participate either in public or via Teleconference on Monday, March 7, 2022, to hold a Closed Session at 3:00 p.m.

MEETING CALLED TO ORDER AT 3:00 P.M.

ROLL CALL

Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.

Absent: None

VERBAL COMMUNICATIONS
No one spoke.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. Public Employee Recruitment for Future Appointment
[Government Code Section 54957(b)(1)]
Title: Town Attorney

ADJOURNMENT
Closed Session adjourned at 8:40 p.m.

Attest: Submitted by:
___________________________ ___________________________ Shelley Neis, Town Clerk Laurel Prevetti, Town Manager

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PREPARED BY: Shelley Neis
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 5
DATE: February 25, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic
RECOMMENDATION:

Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings due to health and safety concerns for the public.

BACKGROUND:

On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public meetings expired on September 30, 2021.

DISCUSSION:

AB 361 was signed into law by the Governor on September 16, 2021, and went into effect immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021, expiration of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by the Governor. This allowance also depends on State or local officials imposing or recommending measures that promote social distancing or a legislative body finding that meeting in person would present an imminent safety risk to attendees.

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PAGE 2 OF 2
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: February 25, 2022
DISCUSSION (Cont):

AB 361 requires Public agencies to make findings by majority vote within 30 days of the first teleconferenced meeting under AB 361 and every 30 days thereafter that a state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.

Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
 November 2, 2021 adopted Resolution 2021-046
 November 16, 2021 adopted Resolution 2021-048
 December 7, 2021 adopted Resolution 2021-054
 December 21, 2021 adopted Resolution 2021-059
 January 18, 2022 adopted Resolution 2022-001
 February 1, 2022 adopted Resolution 2022-003
 February 15, 2022 adopted Resolution 2022-004
 March 1, 2022 adopted Resolution 2022-006
CONCLUSION:

Adopt a Resolution reaffirming Resolution 2021-044 making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings. If adopted, virtual meetings may continue for all Town Boards, Commissions, and Committees.

COORDINATION:

This report was coordinated with the Town Attorney and Town Manager’s office.

FISCAL IMPACT:

There will be no fiscal impact to the Town at this time.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Draft Resolution

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1 of 3
Resolution 2022 - Council Meeting Date
RESOLUTION 2022-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REAFFIRMING RESOLUTION 2021-044 REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE COVID-19 PANDEMIC WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that local legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on June 15, 2021 did not include any change to the proclaimed state of emergency or the powers exercised thereunder; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
ATTACHMENT 1

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Resolution 2022 - Council Meeting Date
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021- 044 on October 5, 2021 declaring the need for the Town Council, Committees, and Commissions to continue to meet remotely in order to ensure the health and safety of the public; and
WHEREAS, the Town Council has considered all information related to this matter, including the associated staff report and other information relating to COVID-19 provided at prior public meetings of the Town Council; and
WHEREAS, the Town Council now desires to adopt a Resolution finding that the requisite conditions continue to exist for the legislative bodies of the Town of Los Gatos, as defined in the Brown Act, to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:

1. The Town Council hereby finds that the fact set forth in the above recitals and as contained in Resolution 2021-044 are true and correct, and establish the factual basis for the adoption of this Resolution;

2. There is an ongoing proclaimed state of emergency relating to the novel coronavirus causing the disease known as COVID-19 and as a result of that emergency, meeting inperson would present imminent risks to the health or safety of attendees of inperson meetings ofthis legislative body and all Town advisory bodies within the meaning of California Government Code section 54953(e)(1).

3. Under the present circumstances, including the risks mentioned in the preceding paragraph, the Town Council determines that authorizing teleconferenced public meetings consistent with Assembly Bill 361 is necessary and appropriate.

4. Staff are directed to take all actions necessary to implement this Resolution for all Town meetings in accordance with the foregoing provisions and the requirements of Government Code section 54953, as amended by Assembly Bill 361, including but not limited to returning for ratification of this Resolution every 30 days after teleconferencing for the first time pursuant to Assembly Bill 361 for so long as either of the following circumstances exists: (a) the state of emergency continues to directly impact the ability of this legislative body to meet in person; and/or (b) state or local officials, including but not limited to the County Health Officer, continue to impose or recommend measures to promote social distancing.

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Resolution 2022 - Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15
th day of March 2022, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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PREPARED BY: Shelley Neis
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 6
DATE: March 7, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Council Policy Committee’s Recommendation to Amend Council Policy 2-11 Commission Appointment Policy in Relation to the Adult Commissioner Interview Date and Option of Interview Method RECOMMENDATION:

Adopt the Council Policy Committee’s recommendation to amend Council Policy 2-11 Commission Appointment Policy in relation to the Adult Commissioner interview date and option of interview method.

DISCUSSION:

At the February meeting, the Committee discussed the timing of the interview date for Adult Commissioners and allowing all applicants to be given the option to interview in person or via teleconference.

No public comment was received. After discussion, the Committee unanimously agreed to forward the following recommendations to the Town Council to modify Commission Appointment Policy 2-11:
 To clarify that recently elected Council Members will interview and select Commissioners on the same evening and in a separate meeting following the Special Council Meeting in December certifying the election, swearing in any recently elected Council Members, and appointing the next Mayor/Vice Mayor.  All applicants will be given the option to interview either in person or via teleconference (currently Zoom).

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PAGE 2 OF 2
SUBJECT: Adopt the Council Policy Committee’s Recommendation to Amend Council Policy 2- 11 in Relation to the Adult Commissioner Interview Date and Option of Interview Method
DATE: March 7, 2022
COORDINATION:

The preparation of this report was coordinated with the Town Manager’s Office and the Town Attorney.

FISCAL IMPACT:

None.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Council Policy Committee February 22, 2022 Staff Report

2. Redlined Commission Appointment 2-11

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PREPARED BY: Shelley Neis
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 02/22/2022
ITEM NO: 3
DATE: February 14, 2022
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Recommend to the Town Council Modifications to the Commission Appointment Policy 2-11 in Relation to the Adult Commissioner Appointments
RECOMMENDATION:

Discuss and recommend to the Town Council modifications to the Commission Appointment Policy 2-11 in relation to the adult Commissioner appointments.

BACKGROUND:

At the January Policy Committee meeting, the Committee requested the Commission Appointment Policy be brought for discussion regarding the annual interview and appointment date for Adult Commissioners.

Currently, the Policy states the annual adult Commissioner interview date shall be set for no later than the second Town Council meeting in December (page 3).

DISCUSSION:

The Committee has discussed Commissioner appointments on many occasions in the past several years. The last few years, the interviews and appointments have been held at the first meeting in November to reduce the number of applicants who are not able to attend because they are traveling for the holidays.

When interviews and appointments were held in December, staff noticed a number of applicants were traveling for the holidays and not available to interview, thereby reducing the number of applicants eligible to be considered for appointment. The Policy requires that all applicants must interview to be considered for appointment.

ATTACHMENT 1 Page 24
PAGE 2 OF 2
SUBJECT: Commission Appointment Policy 2-11 in Relation to the Adult Commissioner Appointments
DATE: February 14, 2022
DISCUSSION (continued):

Incumbents do have the ability to submit a letter, no later than the Friday before the interviews, stating why they are unable to attend and why they should be considered for reappointment.

When the Council Policy Committee met in January to discuss its workplan, a Committee member suggested modifying the Policy to ensure that the newly elected Council would make the appointments. Attachment 2 provides draft language (redline) to achieve this purpose.

Based on the information in this report, public comment, and discussion at the meeting, the Committee is welcome to provide specific direction on interview and selection timing, and any other related topics. If the Committee agrees on potential modifications, staff recommends that the Committee forward their recommendation to the full Council for consideration.

CONCLUSION:

Staff looks forward to the discussion with the Committee.

COORDINATION:

The preparation of this report was coordinated with the Town Manager’s Office and the Town Attorney.

FISCAL IMPACT:

None.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Current Commission Appointment Policy 2-11

2. Proposed Commission Appointment Policy with Redline

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COUNCIL POLICY MANUAL
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990 PAGES: 7
ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018; 3/19/19; 9/3/2019; 6/1/2021;
12/7/21
APPROVED:

PURPOSE
To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy.

SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

POLICY
The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 1

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
2 of 7
POLICY NUMBER:
2-11
To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission who have been appointed by the Town Council.

RESIDENCY REQUIREMENTS
Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission.

Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant.
a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings. b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings.

4. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re-apply to serve on a Town Advisory Body but will not be treated as an incumbent in any subsequent application to the same Advisory Body.

5. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a *consecutive twelve (12) month period, the Youth Commission shall appoint a different Youth Commissioner as liaison.

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
*Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body member.

QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

Responsibility and Actions: Town Clerk
A. Annual Recruitments
Adult Commission members' terms begin on January 1st and end December 31st, Youth Commissioners’ terms follow the academic year and begin on August 1st and end on June 30th.

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview.

2. Advertise the vacancies, including the application deadline and the interview date, which shall be set for no later than the second Town Council meeting in December for Adult Commissioners, and by the fourth Wednesday in May, no earlier than 4:00 p.m., for Youth Commissioners.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:
a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment.
b. If an incumbent Commissioner is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.
c. Submissions deadlines are mandatory; no exceptions are permitted.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11

4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment.
b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment.

5. Notify the applicant by letter or email as to the date and time of the interview.

6. Facilitate the Council voting process set forth below by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants.

7. Applicants:
a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June.

Interview Process
To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

Given that most interviews are only three to five minutes due to the size of the applicant pool, the standard questions are limited in number to allow an applicant sufficient time to respond.

The Council may or may not ask all of the questions, in the same order, or by the same Council member. Interview questions will be reviewed annually by the Town Council in advance of the interview process for any potential modifications.

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows:

1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot.

2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.

3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option.

4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

B. Mid-Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
Responsibility and Action: Applicant

1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.

2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment.

For student applicants: Attend the Council Selection Committee interview session.

3. If an incumbent Commission member is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.

4. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

5. Attend Advisory Body meetings once term begins.

6. Read the Commissioners’ Handbook. The Handbook is to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date.

COMPLIANCE - GROUNDS FOR DISMISSAL
A member may be removed from the Advisory Body prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council and may not be reappointed for the following reasons:

1. Failure to attend Advisory Body meetings.

2. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners):
a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11

CONFLICT OF INTEREST
Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision.

The Fair Political Practice Act does not prohibit an advisory board member from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which an advisory board member is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.

APPROVED AS TO FORM:
________
Robert Schultz, Town Attorney

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ATTACHMENT 2

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SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

ATTACHMENT 2
Small Town Service Community Stewardship Future Focus

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Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

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QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

2. Advertise the vacancies, including the application deadline and the interview date, which shall be set for no later than the second the same evening and in a separate meeting following the Special Council Meeting in December certifying the election certification, swearing in any recently elected Council Members, and appointing the next Mayor and Vice Mayor Town Council meeting in December for Adult Commissioners, and by the fourth Wednesday in May, no earlier than 4:00 p.m., for Youth Commissioners.

3. Prepare and maintain easily understood applications for appointment to Commissions.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
c. Submissions deadlines are mandatory; no exceptions are permitted.

5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

Given that most interviews are only three to five minutes due to the size of the applicant pool, the standard questions are limited in number to allow an applicant sufficient time to respond.

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5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11
Responsibility and Action: Applicant

2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

4. If an incumbent Commission member is requesting reappointment to the same Commission, and is not available on the date of the interview, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter by 4:00 p.m. the Friday prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

1. Failure to attend Advisory Body meetings.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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POLICY NUMBER:
2-11

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

APPROVED AS TO FORM:
________
Robert Schultz, Town Attorney

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PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2021
ITEM NO: 7
DATE: March 7, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Accept the Annual Progress Report for General Plan and Housing Element Implementation.

RECOMMENDATION:

Accept the Annual Progress Report for General Plan and Housing Element implementation.

BACKGROUND:

After review and acceptance, a copy of the APR is required to be filed with the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD).

There is no standardized form or format for the preparation of the General Plan APR. The attached APR meets the statutory requirements of State law and highlights key aspects of the Town’s General Plan and Housing Element implementation during the calendar year of 2021 (Attachment 1). Given the State requirements, Exhibit A of Attachment 1 contains a significant amount of data. For enhanced readability, Exhibit A might be best reviewed electronically to adjust to the individual reader’s needs.

FISCAL IMPACT:

There is no fiscal impact from accepting the APR.

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PAGE 2 OF 2
SUBJECT: Annual Progress Report for General Plan and Housing Element Implementation DATE: March 7, 2022
CEQA:

The General Plan Annual Report is not a project under the California Environmental Quality Act (CEQA). It is a type of activity that is Categorically Exempt, Class 6 (Information Collection) based on Section 15306 of the CEQA Guidelines.

Attachment:

1. 2021 General Plan Annual Progress Report, with Exhibit A

Page 49 ends

GENERAL PLAN
2021 ANNUAL PROGRESS REPORT
ATTACHMENT 1

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2 INTRODUCTION
The Town Council adopted the Town of Los Gatos 2020 General Plan on September 20, 2010, after an extensive two-year community process to update and build upon the strong foundational framework established by the Town’s 2000 General Plan.

On May 5, 2015, the Town adopted its 2015-2023 Housing Element which is a required subelement of the General Plan. The State Housing and Community Development Department certified the Housing Element on May 20, 2015.

Government Code Section 65400 mandates that cities and counties submit an annual report on the status of their General Plan and any progress in its implementation to their legislative bodies. Annual Progress Reports (APRs) must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. 2021 SIGNIFICANT PROJECTS
The following significant Planning efforts made progress or were completed in 2021:
 General Plan Update
The General Plan Update Advisory Committee completed their work on the update on May 6, 2021, with a recommendation of a Draft 2040 General Plan. The Draft Environmental Impact Report (EIR) was published for public comment starting in July 2021. On November 19, 2021, the revised Notice of Completion and Availability was reissued along with a revised Chapter 4.15, Transportation, and Executive Summary of the Draft EIR for a reopened public review period which ended on January 8, 2022.

Planning Commission consideration of the Draft 2040 General Plan and Final EIR is anticipated to begin in April of 2022. Following a recommendation from the Planning Commission, Town Council will consider the Draft 2040 General Plan and Final EIR.  Housing Element Update
The Town Council established the Housing Element Advisory Board (HEAB) in 2021, and the HEAB has held their first three meetings for the Housing Element update process in late 2021 and early 2022. Work on the update is anticipated to run through the end of 2022.
 Objective Standards
A subcommittee of the Planning Commission held five meetings to develop a list of topics that should be covered by Objective Standards. Work on development of Objective Standards, including a Community Meeting held on February 22, 2022, is anticipated to be completed by the fall of 2022.

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3  Senate Bill (SB) 9
The Town Council adopted an Urgency Ordinance to implement SB 9 with local objective standards. Work on a permanent ordinance is anticipated to be completed before the end of 2022.

HOUSING ELEMENT ANNUAL PROGRESS
The Housing Element Annual Progress Report for 2021 is attached as Exhibit A.

PROPERTIES ANNEXED TO THE TOWN IN 2021
The Town Council approved the following annexations to the Town of Los Gatos from Unincorporated Santa Clara County in 2021:
 Winterbrook Road No. 6: 16030 Winterbrook Road (approximately 0.319 acres) Approved October 13, 2021
 Winterbrook Road No. 7: 16010 Winterbrook Road (approximately 0.95 acres) Approved December 10, 2021

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Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Was a Density Bonus requested for this housing development? Was a Density Bonus approved for this housing development? Please indicate the status of the application. Notes+ Summary Row: Start Data Entry Below 0 0 0 0 1 63 121 185 58 0 529-15-103 16777 Frank Avenue ADU R 1/19/2021 1 1 1 No No No 532-06-014 16726 Shannon Drive ADU R 1/29/2021 1 1 1 No No No510-14-044 221/223 Almendra ADU R 1/27/2021 1 1 1 No No No537-30-005 16000 Cerro Vista Drive ADU R 1/28/2021 1 1 1 No No No510-47-045 144 Wood Rd SFD O 1/27/2021 1 1 1 No No No532-36-076 17200 Los Robles SFD O 2/24/2021 2 2 1 No No No510-14-019 246 Almendra Ave SFD O 8/31/2021 1 1 0 No No No532-29-045 102 Alta Heights Ct ADU R 6/29/2021 1 1 1 No No No527-55-039 131/129 Alta Tierra Ct ADU R 2/20/2021 1 1 1 No No No510-15-011 515 Bachman Ave ADU R 10/12/2021 1 1 1 No No No510-44-020 44 Bayview Ave ADU R 9/20/2021 1 1 1 No No No527-28-024 160/158 Belcrest Dr ADU R 1/5/2021 1 1 1 No No No529-21-036 403 Bella Vista Ave ADU R 6/30/2021 1 1 1 No No No424-12-027 380 Blackwell Dr ADU R 8/30/2021 1 1 1 No No No532-14-028 132 Blueberry Hill Dr ADU R 11/15/2021 1 1 0 No No No510-45-041 101 BROADWAY ADU R 1/4/2021 1 1 1 No No No406-32-008 14345 CAPRI DR ADU R 9/15/2021 1 1 1 No No No532-08-025 103/105 CARDINAL LN ADU R 3/8/2021 1 1 1 No No No537-30-018 16135 CERRO VISTA DR
ADU R 11/27/2021 1 1 0 No No No
510-45-070 50 CLIFTON AVE ADU R 8/24/2021 1 1 1 No No No532-21-007 17121 Crescent DR ADU R 11/18/2021 1 1 1 No No No532-23-072 16890 CYPRESS WAY ADU R 12/1/2021 1 1 1 No No No532-26-099 16330/16332 CYPRESS WAY
ADU R 1/12/2021 1 1 1 No No No
527-02-007 72 DRYSDALE DR ADU R 6/15/2021 1 1 1 No No No529-04-019 231/233 EDELEN AVE ADU R 12/14/2021 1 1 0 No No No529-04-016 247/249 EDELEN AVE ADU R 4/21/2021 1 1 1 No No No532-05-023 16358 Englewood AVE ADU R 12/16/2021 1 1 0 No No No532-07-028 16625 ENGLEWOOD AVE
ADU R 6/4/2021 1 1 1 No No No
532-05-016 16470 Englewood AVE ADU R 3/23/2021 1 1 1 No No No510-43-003 48 FAIRVIEW PLZ ADU R 5/13/2021 1 1 1 No No No510-19-005 125 GLEN RIDGE AVE ADU R 8/9/2021 1 1 1 No No No527-15-010 16080/16082

GREENRIDGE TER
ADU R 9/28/2021 1 1 1 No No No
527-47-049 233 GREGG CT ADU R 3/19/2021 1 1 1 No No No527-57-005 16641 HARWOOD RD ADU R 6/21/2021 1 1 1 No No No523-08-011 113 HILOW CT ADU R 8/24/2021 1 1 1 No No No529-14-005 15819 IZORAH WAY ADU R 6/29/2021 1 1 1 No No No532-20-012 16484 KENNEDY RD SFD O 9/29/2021 1 1 0 No No No532-17-025 16510/16508 KENNEDY RD
ADU R 9/7/2021 1 1 1 No No No
424-23-005 112 LAS ASTAS DR ADU R 8/3/2021 1 1 1 No No No424-23-005 112/114 LAS ASTAS DR ADU R 8/23/2021 1 1 1 No No No532-28-037 200/202 LOMA ALTA AVE
ADU R 4/20/2021 1 1 1 No No No
532-29-073 15 LOMA ALTA AVE ADU R 2/24/2021 1 1 1 No No No409-15-030 14274 LORA DR ADU R 2/2/2021 1 1 1 No No No424-10-009 14926 LOS GATOS BLVD
5+ R 4/20/2021 1 4 5 1 No No No
529-22-058 349/351 LOS GATOS
BLVD
ADU R 4/12/2021 1 1 1 No No No
532-09-039 16619 MARCHMONT
DR
ADU R 11/5/2021 1 1 1 No No No
532-09-032 16515 Marchmont DR ADU R 6/7/2021 1 1 1 No No No532-09-033 16529 MARCHMONT DR
ADU R 3/16/2021 1 1 1 No No No
532-10-003 212/214 MARCHMONT
DR
ADU R 6/15/2021 1 1 1 No No No
424-15-018 152 MARICOPA DR ADU R 11/29/2021 1 1 0 No No No410-12-030 20/22 MARIPOSA AVE ADU R 7/27/2021 1 1 1 No No No410-15-069 590 MONTEREY AVE ADU R 10/14/2021 1 1 1 No No No424-44-020 16437 MOZART WAY ADU R 12/9/2021 1 1 1 No No No 406-40008 751 POLLARD RD ADU R 3/5/2021 1 1 1 No No No
410-18-018 517 SAN BENITO AVE ADU R 7/2/2021 1 1 1 No No No537-26-065 15785 SHANNON RD ADU R 11/12/2021 1 1 1 No No No537-26-046 15815 SHANNON RD ADU R 9/29/2021 1 1 1 No No No532-29-063 112 STACIA ST ADU R 7/19/2021 1 1 1 No No No532-29-094 118/116 STACIA ST ADU R 3/26/2021 1 1 1 No No No527-20-003 400 SURMONT DR SFD O 7/7/2021 1 1 0 No No No532-09-024 16580 TOPPING WAY ADU R 11/23/2021 1 1 1 No No No532-09-022 16608 Topping WAY ADU R 2/8/2021 1 1 1 No No No532-33-054 139 VISTA DEL MONTE ADU R 10/15/2021 1 1 1 No No No409-14-013 17291 Wedgewood AVE SFD O 7/26/2021 1 1 0 No No No532-36-066 127 WHEELER AVE ADU R 3/18/2021 1 1 1 No No No532-29-069 51 WHITNEY AVE ADU R 7/14/2021 1 1 1 No No No 529-11-013, 038, 039,
040
15860 WINCHESTER
BLVD
5+ R 4/15/2021 113 113 0 No No No
510-47-045 144 WOOD RD SFD O 1/27/2021 1 1 1 No No No
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 EXHIBIT A

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Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income?+ Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining) Y/N Infill Units? Y/N+ Assistance Programs for Each Development (may select multiple - see instructions) Deed Restriction Type (may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Dest royed Units Demolished or Destroyed Units Demolished/Des troyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project (Excluding Parking Waivers or Parking Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 58 4 62 0 0 0 0 2 36 185 223 0 0 0 0 0 23 24 47 0 0 0 0 537-33-009 20102 Foster Road SFD O 1 8/23/2017 1 1/10/2019 0 0 N523-06-039 16743 Magneson Loop ADU R 1 10/3/2017 1 11/13/2018 0 0 N Survey for 2015-2023 Housing Element409-24-026 105 Newell Ave SFD O 4 11/6/2018 4 0 0 N 523-42-017 100 Palo Colorado SFD O 1 12/31/2016 1 9/11/2019 0 0 N523-42-017 102 Palo Colorado SFD O 1 12/31/2016 1 9/11/2019 0 0 N 527-44-012 and
013 258 Union Avenue SFD O 1 5 3/27/2019 6 6/16/2020 0 1/10/2022 0 N 527-44-012 and
013 258 Union Avenue 2 to 4 R 1 2 3/27/2019 3 6/16/2020 0 1/10/2022 0 N 529-33-054 45 Reservoir Rd SFD O 0 0 0 N
407-06-007 403 Montclair Rd SFD O 1 9/17/2019 1 0 0 N522-33-001 15630 Los Gatos Almaden Rd SFD O 1 4/2/2019 1 1/2/2020 0 1 9/8/2021 1 N 532-17-027 16461 S. Kennedy Rd SFD O 0 0 0 N
532-34-071 248 Jared SFD O 1 4/24/2019 1 8/21/2020 0 0 N537-33-001 20101 Foster Rd SFD O 1 9/25/2018 1 0 0 N 529-23-015 and
016 339-341 Bella Vista SFD O 1 9/5/2017 1 0 0 N
529-37-043 40 Alpine ADU R 1 3/19/2018 1 7/17/2018 0 0 N Survey for 2015-2023 Housing Element 532-29-081 18 Stacia ADU R 1 3/13/2018 1 0 0 N Survey for 2015-2023 Housing Element532-05-027 16302/16304 Englewood Ave ADU R 1 5/3/2018 1 0 0 N Survey for 2015-2023 Housing Element532-30-054 246 A Vista Del Monte ADU R 1 5/30/2018 1 5/10/2019 0 1 5/12/2021 1 N Survey for 2015-2023 Housing Element424-20-010 15571 Benedict Ln ADU R 1 5/30/2018 1 0 0 N Survey for 2015-2023 Housing Element532-22-018 17162 Crescent Dr ADU R 1 5/29/2018 1 8/16/2018 0 1 1/12/2021 1 N Survey for 2015-2023 Housing Element510-19-002 146 Apricot Ln ADU R 1 11/19/2018 1 3/29/2019 0 1 6/9/2021 1 N Survey for 2015-2023 Housing Element409-02-001 112 A Capistrano ADU R 1 8/1/2018 1 0 0 N Survey for 2015-2023 Housing Element424-45-003 16107 A Los Gatos- Almaden ADU R 1 9/17/2018 1 4/24/2019 0 1 5/24/2021 1 N Survey for 2015-2023 Housing Element510-42-051 53 Hernandez ADU R 1 11/1/2018 1 0 0 N Survey for 2015-2023 Housing Element424-45-003 105 A Paseo Laura ADU R 1 10/18/2018 1 12/9/2019 0 1 5/24/2021 1 N Survey for 2015-2023 Housing Element527-56-030 114 A Colorado ADU R 1 10/10/2018 1 2/5/2020 0 0 N Survey for 2015-2023 Housing Element532-29-102 108 Los Gatos Blvd ADU R 1 11/16/2018 1 0 0 N Survey for 2015-2023 Housing Element523-10-031 16233 Short Rd ADU R 1 10/31/2018 1 5/9/2019 0 1 5/25/2021 1 N Survey for 2015-2023 Housing Element523-42-049 352 Sycamore Ct ADU R 1 1/25/2018 1 9/7/2018 0 1 2/9/2021 1 N Survey for 2015-2023 Housing Element424-35-010 16213 Camino Del Sol ADU R 1 1/12/2018 1 0 0 N Survey for 2015-2023 Housing Element424-25-015 239 A Nob Hill Wy ADU R 1 7/23/2018 1 4/23/2018 0 0 N Survey for 2015-2023 Housing Element529-37-042 26 Alpine Ave SFD O 1 12/19/2017 1 1 7/29/2021 1 0 N537-25-002 15215 Shannon Rd (PD) SFD O 0 0 0 N 527-12-002 16100 Greenridge Terrace (PD) SFD O 0 0 0 N
527-09-018 15365 Santella Ct SFD O 1 3/3/2020 1 0 0 N532-09-018 16664 Topping Way ADU R 1 12/11/2018 1 1/28/2022 0 0 N Survey for 2015-2023 Housing Element532-32-036 127 A Worcester Loop ADU R 1 12/19/2018 1 5/9/2019 0 1 4/19/2021 1 N Survey for 2015-2023 Housing Element527-11-009 15665 Shady Ln SFD O 1 2/18/2020 1 0 0 N 409-04-049 232 Calle Marguerita SFD O 1 9/3/2019 1 1 7/16/2021 1 0 N 529-18-053 16940 Roberts Rd SFD O 2 12/11/2019 2 0 0 N
532-29-096 124 Stacia ADU R 1 1/17/2019 1 8/28/2020 0 1 8/1/2021 1 N Survey for 2015-2023 Housing Element 529-37-008 76 A Alpine Ave ADU R 1 12/7/2018 1 5/13/2019 0 1 5/24/2021 1 N Survey for 2015-2023 Housing Element527-28-037 108 A Belcrest Dr ADU R 1 12/11/2018 1 5/9/2019 0 0 N Survey for 2015-2023 Housing Element424-18-025 146 Oakmont Way ADU R 1 1/17/2019 1 10/13/2020 0 1 8/30/2021 1 N Survey for 2015-2023 Housing Element 529-44-005 529-44-012 135/133 Sisters Ct ADU R 1 1/25/2019 1 7/26/2019 0 0 N Survey for 2015-2023 Housing Element 510-15-020 211 A Belmont Ave ADU R 1 1/17/2019 1 8/13/2019 0 1 10/11/2021 1 N Survey for 2015-2023 Housing Element510-41-007 33 Walnut Ave/130

WISSAHICKON
AVE
ADU R 1 10/1/2020
1 1 7/9/2021 1 0 N Survey for 2015-2023 Housing Element 537-11-034 14310 Arnerich Rd ADU R 1 2/8/2019 1 12/3/2019 0 0 N Survey for 2015-2023 Housing Element 529-15-005 529-15-100 16789 Frank Ave ADU R 1 2/21/2019 1 1/10/2020 0 2/15/2022 0 N Survey for 2015-2023 Housing Element523-23-094 15573/15575 Camino Del Cerro ADU R 1 11/8/2019 1 1 1/5/2021 1 0 N Survey for 2015-2023 Housing Element 527-09-006 15680 Gum Tree Lane SFD O 0 7/18/2017 0 0 N
529-16-071 400 Blossom Hill Rd (RCFE) 5+ R 80 3/27/2019 80 80 10/1/2021 80 0 N 529-01-017 25 W. Main St 2 to 4 R 2 2 1 11/13/2019 5 0 0 N 532-07-039 16496 Ferris Ave ADU R 1 5/14/2019 1 3/12/2020 0 1 9/21/2021 1 N Survey for 2015-2023 Housing Element 410-19-018 15964 Rose Ave ADU R 1 8/13/2019 1 7/31/2020 0 1 11/22/2021 1 N Survey for 2015-2023 Housing Element529-21-044 17260 Pine Ave ADU R 1 6/18/2019 1 0 0 N Survey for 2015-2023 Housing Element527-02-006 15840 Shady Ln ADU R 1 11/21/2019 1 1 5/14/2021 1 0 N Survey for 2015-2023 Housing Element510-47-025 100 Clifton Ave ADU R 1 5/29/2019 1 0 0 N Survey for 2015-2023 Housing Element424-20-032 15547 Corinne Dr ADU R 1 3/7/2019 1 3/3/2020 0 0 N Survey for 2015-2023 Housing Element407-14-006 14530 Quito Rd ADU R 0 0 0 N532-29-061 52 Whitney Ave ADU R 1 3/7/2019 1 3/6/2020 0 0 N Survey for 2015-2023 Housing Element537-24-015 333 A Happy Acres ADU R 1 4/19/2019 1 6/14/2019 0 0 N Survey for 2015-2023 Housing Element532-29-013 121 Johnson Ave ADU R 1 6/27/2019 1 0 0 N Survey for 2015-2023 Housing Element532-01-040 16082 Shannon Rd ADU R 1 10/16/2019 1 1 5/6/2021 1 0 N Survey for 2015-2023 Housing Element409-26-010 14652 Golf Links Rd ADU R 1 10/11/2019 1 0 0 N Survey for 2015-2023 Housing Element510-18-041 104 Massol Ave ADU R 1 10/3/2020 1 0 0 N Survey for 2015-2023 Housing Element529-34-043 148 A Cleland Ave ADU R 1 9/27/2019 1 1 3/2/2021 1 0 N Survey for 2015-2023 Housing Element527-09-006 15682 Gum Tree Lane ADU R 1 10/31/2019 1 0 0 N Survey for 2015-2023 Housing Element409-27-007 14859 Golf Links ADU R 1 11/13/2019 1 3/11/2020 0 0 N Survey for 2015-2023 Housing Element523-23-098 15573 Camino Del Cerro ADU R 1 11/8/2019 1 3/6/2020 0 1 1/26/2021 1 N Survey for 2015-2023 Housing Element532-37-073 207 A Hollywood Ave ADU R 1 11/14/2019 1 7/8/2020 0 0 N Survey for 2015-2023 Housing Element529-38-031 47 Alpine Ave ADU R 1 11/13/2019 1 1 1/25/2021 1 0 N Survey for 2015-2023 Housing Element407-06-007 403 A Montclair Road ADU R 1 10/25/2019 1 0 0 N Survey for 2015-2023 Housing Element532-29-068 53 Whitney/118 Panighetti Pl ADU R 1 12/4/2019 1 0 0 N Survey for 2015-2023 Housing Element529-35-068 56 Central Ave ADU R 1 11/1/2019 1 8/7/2020 0 0 N Survey for 2015-2023 Housing Element532-08-039 16755 Kennedy Rd ADU R 1 11/7/2019 1 0 0 N Survey for 2015-2023 Housing Element 529-44-005 529-44-017 110 A Sisters Court ADU R 1 10/30/2019 1 2/28/2020 0 0 N Survey for 2015-2023 Housing Element 532-30-032 231 Vista Del Mar ADU R 1 11/26/2019 1 12/17/2020 0 0 N Survey for 2015-2023 Housing Element537-04-019 17528 A Tourney Rd ADU R 1 12/3/2019 1 1 4/6/2021 1 0 N Survey for 2015-2023 Housing Element410-15-010 15 A Ashler Avenue ADU R 1 12/10/2019 1 6/23/2020 0 0 N Survey for 2015-2023 Housing Element510-15-025 56 Ellenwood Avenue ADU R 1 3/13/2020 1 0 0 N Survey for 2015-2023 Housing Element510-18-080 399/397 Nicholson Avenue ADU R 1 6/16/2021 1 0 0 N Survey for 2015-2023 Housing Element407-31-022 263 More Avenue ADU R 1 5/28/2021 1 0 0 N Survey for 2015-2023 Housing Element410-16-028 463 Monterey Avenue ADU R 1 1/2/2020 1 1 1/31/2021 1 0 N Survey for 2015-2023 Housing Element410-15-053 500 San Benito/308 Andrews St ADU R 1 1/17/2020 1 9/3/2020 0 1 6/16/2021 1 N Survey for 2015-2023 Housing Element 532-35-048 53 Fillmer Ave ADU R 1 1/21/2020 1 0 0 N Survey for 2015-2023 Housing Element 527-01-009 16057 Shannon ADU R 0 0 0 N
406-27-006 409 Dardanelli Lane ADU R 1 2/11/2020 1 0 0 N Survey for 2015-2023 Housing Element 532-03-034 16336 A Shady View Ln ADU R 1 10/31/2019 1 6/12/2020 0 0 N Survey for 2015-2023 Housing Element510-18-038 103 A Tait Avenue ADU R 1 8/1/2019 1 11/9/2020 0 1 6/28/2021 1 N Survey for 2015-2023 Housing Element527-31-063 189 Belvue Dr ADU R 1 8/19/2019 1 1 8/5/2021 1 0 N Survey for 2015-2023 Housing Element532-07-051 16613 Ferris Ave ADU R 1 7/29/2019 1 1 4/14/2021 1 0 N Survey for 2015-2023 Housing Element410-16-055 466 San Benito Ave ADU R 1 9/3/2019 1 1 1/27/2021 1 0 N Survey for 2015-2023 Housing Element 529-44-005 529-44-009 178 Prospect Ave ADU R 1 9/11/2019 1 3/6/2020 0 1 1/4/2021 1 N Survey for 2015-2023 Housing Element 529-29-034 20 Dittos ADU R 2 12/10/2020 2 2 9/24/2021 2 0 N Survey for 2015-2023 Housing Element510-19-006 121 Glen
Ridge/126 Apricot
Ln
ADU R 1 12/22/2020
1 1 10/5/2021 1 0 N Survey for 2015-2023 Housing Element 532-08-009 16614 Marchmont Drive ADU R 1 6/25/2020 1 0 0 N Survey for 2015-2023 Housing Element 537-23-031 120/118 Happy Acres Road ADU R 1 9/4/2020 1 1 4/9/2021 1 0 N Survey for 2015-2023 Housing Element529-20-014 17095 Pine Avenue ADU R 1 8/11/2020 1 1 2/25/2021 1 0 N Survey for 2015-2023 Housing Element529-20-011 17047 Pine Avenue ADU R 1 6/9/2020 1 0 0 N Survey for 2015-2023 Housing Element523-04-026 836 Lilac Way ADU R 1 11/20/2020 1 0 0 N Survey for 2015-2023 Housing Element529-22-062 215 A Caldwell Avenue ADU R 1 9/25/2020 1 1 2/4/2021 1 0 N Survey for 2015-2023 Housing Element529-15-103 16777 Frank Avenue ADU R 1 2/24/2021 1 0 0 N Survey for 2015-2023 Housing Element532-06-014 16726 Shannon Drive ADU R 1 2/19/2021 1 1 7/21/2021 1 0 N Survey for 2015-2023 Housing Element527-09-034 15343 Santella Ct SFD O 0 0 0 N 529-22-047 104 A Bella Vista Court ADU R 1 6/2/2020 1 10/20/2020 0 1 4/9/2021 1 N Survey for 2015-2023 Housing Element 510-42-040 314 Pennsylvania Avenue ADU R 1 9/8/2020 1 10/30/2020 0 1 3/10/2021 1 N Survey for 2015-2023 Housing Element Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units

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Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
407-10-002 592/594 More Ave ADU R 1 1/15/2021 1 0 0 N Survey for 2015-2023 Housing Element510-43-025 57 Fairview Plaza ADU R 1 1/22/2021 1 0 0 N Survey for 2015-2023 Housing Element537-33-009 20100/20102 Foster Road ADU R 1 12/14/2020 1 1 7/28/2021 1 0 N Survey for 2015-2023 Housing Element527-03-010 15775 Gum Tree ADU R 1 7/21/2020 1 1 1/15/2021 1 0 N Survey for 2015-2023 Housing Element 532-30-032 111 Speckles Avenue ADU R 0 12/17/2020 0 0 N 567-18-003 16410 Harwood Rd ADU R 1 10/29/2020 1 0 0 N Survey for 2015-2023 Housing Element 424-23-081 15073 Garden Hill Drive ADU R 1 12/9/2020 1 1 5/10/2021 1 0 N Survey for 2015-2023 Housing Element410-13-040 561 San Benito ADU R 1 1/6/2021 1 0 0 N Survey for 2015-2023 Housing Element510-14-044 221/223 Almendra ADU R 1 2/12/2021 1 1 9/8/2021 1 0 N Survey for 2015-2023 Housing Element537-30-005 16000 Cerro Vista Drive ADU R 1 2/22/2021 1 0 0 N Survey for 2015-2023 Housing Element529-29-034 20 Dittos SFD R 2 2 2 9/24/2021 2 0 N 424-07-100 N/A 16135 Connor 5+ O 0 8/6/2020 0 2/23/2022 0 N 424-07-100 N/A 16031 Bartlett 5+ O 0 8/6/2020 0 16 11/2/2021 16 N 424-07-100 N/A 15013 Briggs 5+ O 0 8/6/2020 0 0 N424-07-100 N/A 15025 Briggs 5+ O 0 8/6/2020 0 0 N424-07-100 N/A 15002 Briggs 5+ O 0 10/7/2020 0 0 N424-07-100 N/A 15032 Briggs 5+ O 0 8/6/2020 0 7 10/11/2021 7 N424-07-100 N/A 15018 Briggs 5+ O 0 8/6/2020 0 0 N424-07-100 N/A 14225 Walker 5+ R 1 1 10/21/2020 0 0 N 527-44-012 - 013 527-59-006 101 Hildebrand SFD O 0 6/17/2020 0 0 N 527-44-012 - 013 527-59-001 102 Hildebrand SFD O 0 6/17/2020 0 0 N527-44-012 - 013 527-59-005 103 Hildebrand SFD O 0 6/17/2020 0 0 N527-44-012 - 013 527-59-002 104 Hildebrand SFD O 0 6/17/2020 0 0 N527-44-012 - 013 527-59-004 105 Hildebrand SFD O 0 6/17/2020 0 0 N527-44-012 - 013 527-59-003 106 Hildebrand SFD O 0 6/17/2020 0 0 N 424-07-100 N/A 15201 Watkins 5+ O 0 5 4/20/2021 5 0 N424-07-100 N/A 15213 Watkins 5+ O 0 5 4/20/2021 5 0 N424-07-100 N/A 15202 Watkins 5+ O 0 8 4/20/2021 8 0 N424-07-100 N/A 15218 Watkins 5+ O 0 7 4/20/2021 7 0 N424-07-100 N/A 16267 Gellatt 5+ O 0 16 4/20/2021 16 0 N424-07-100 16301 Hamsher 5+ O 0 16 10/13/2021 16 0 N 16433 McMillan 5+ O 0 0 0 N
15301 McCobb 5+ O 0 6 10/13/2021 6 0 N
15501 Sackett 5+ O 0 0 0 N
15302 McCobb 5+ O 0 6 10/13/2021 6 0 N
15502 Sackett 5+ O 0 0 0 N
424-07-100 15102 Shore 5+ O 0 5 3/9/2021 5 0 N
13101 Sepulveda 5+ O 0 0 0 N
13190 Sepulveda 5+ O 0 0 0 N
13111 Sepulveda 5+ O 0 0 0 N
13180 Sepulveda 5+ O 0 0 0 N
13201 Sepulveda 5+ O 0 0 0 N
15314 McCobb 5+ O 0 5 10/13/2021 5 0 N
15313 McCobb 5+ O 0 5 10/13/2021 5 0 N
13102 Sepulveda 5+ O 0 0 0 N
424-07-100 15117 Shore 5+ O 0 7 3/9/2021 7 0 N
13116 Sepulveda 5+ O 0 0 0 N
424-07-100 15101 Shore 5+ O 0 7 3/9/2021 7 0 N
13150 Sepulveda 5+ O 0 0 0 N
13160 Sepulveda 5+ O 0 0 0 N
424-07-100 15112 Shore 5+ O 0 5 3/9/2021 5 0 N
510-47-045 144 Wood Rd 1 O 1 8/25/2021 1 0 0 N
17200 Los Robles 2 O 2 6/4/2021 2 0 0 N
532-02-053 16466 Bonnie Ln 0 0 0 N
510-14-019 246 Almendra Ave SFD O 0 0 0 N
532-29-045 102 Alta Heights Ct ADU R 1 7/7/2021 1 0 0 N Survey for 2015-2023 Housing Element 527-55-039 131/129 Alta Tierra Ct ADU 1 3/13/2021 1 1 7/8/2021 1 0 N Survey for 2015-2023 Housing Element510-15-011 515 Bachman Ave ADU R 1 10/13/2021 1 0 0 N Survey for 2015-2023 Housing Element510-44-020 44 Bayview Ave ADU R 1 11/18/2021 1 0 0 N Survey for 2015-2023 Housing Element527-28-024 160/158 Belcrest Dr ADU R 1 2/5/2021 1 1 4/28/2021 1 1 7/29/2021 1 N Survey for 2015-2023 Housing Element529-21-036 403 Bella Vista Ave ADU R 1 7/1/2021 1 0 0 N Survey for 2015-2023 Housing Element424-12-027 380 Blackwell Dr ADU R 1 9/10/2021 1 1 12/8/2021 1 0 N Survey for 2015-2023 Housing Element532-14-028 132 Blueberry Hill Dr ADU R 1 1/20/2022 1 0 0 N Survey for 2015-2023 Housing Element510-45-041 101 BROADWAY ADU R 1 1/16/2021 1 1/7/2022 0 0 N Survey for 2015-2023 Housing Element406-32-008 14345 CAPRI DR ADU R 1 9/30/2021 1 0 0 N Survey for 2015-2023 Housing Element532-08-025 103/105 CARDINAL LN ADU R 1 4/16/2021 1 2/10/2022 0 0 N Survey for 2015-2023 Housing Element537-30-018 16135 CERRO VISTA DR ADU R 1 1/25/2022 1 0 0 N Survey for 2015-2023 Housing Element510-45-070 50 CLIFTON AVE ADU R 1 11/5/2021 1 0 0 N Survey for 2015-2023 Housing Element532-21-007 17121 Crescent DR ADU R 1 12/16/2021 1 0 0 N Survey for 2015-2023 Housing Element532-23-072 16890 CYPRESS WAY ADU R 1 12/10/2021 1 0 0 N Survey for 2015-2023 Housing Element532-26-099 16330/16332 CYPRESS WAY ADU R 1 2/4/2021 1 1 10/12/2021 1 0 N Survey for 2015-2023 Housing Element527-02-007 72 DRYSDALE DR ADU R 1 7/1/2021 1 0 0 N Survey for 2015-2023 Housing Element529-04-019 231/233 EDELEN AVE ADU R 0 0 0 N 529-04-016 247/249 EDELEN AVE ADU R 1 5/12/2021 1 1 9/16/2021 1 0 N Survey for 2015-2023 Housing Element 523-22-010 15605 EL GATO LN ADU R 0 0 0 N
523-22-007 15575 EL GATO LN ADU R 0 0 0 N532-05-023 16358 Englewood AVE ADU R 1 2/24/2022 1 0 0 N Survey for 2015-2023 Housing Element 532-07-028
16625

ENGLEWOOD
AVE
ADU R 1 7/7/2021
1 1 11/2/2021 1 0 N Survey for 2015-2023 Housing Element 532-05-016 16470 Englewood AVE ADU R 1 4/9/2021 1 0 0 N Survey for 2015-2023 Housing Element 510-43-003 48 FAIRVIEW PLZ ADU R 1 6/10/2021 1 1 11/29/2021 1 0 N Survey for 2015-2023 Housing Element529-15-087 16838 FRANK AVE 0 0 0 N 510-19-005 125 GLEN RIDGE AVE ADU R 1 12/20/2021 1 0 0 N Survey for 2015-2023 Housing Element 527-15-010
16080/16082

GREENRIDGE
TER
ADU R 1 11/3/2021
1 0 0 N Survey for 2015-2023 Housing Element
527-47-049 233 GREGG CT ADU R 1 5/14/2021 1 0 0 N Survey for 2015-2023 Housing Element 527-57-005 16641 HARWOOD RD ADU R 1 6/24/2021 1 0 0 N Survey for 2015-2023 Housing Element532-23-095 17621 HIGH ST 0 0 0 N 523-08-011 113 HILOW CT ADU R 1 9/30/2021 1 0 0 N Survey for 2015-2023 Housing Element 529-14-005 15819 IZORAH WAY ADU R 1 8/27/2021 1 2/8/2022 0 0 N Survey for 2015-2023 Housing Element532-20-012 16484 KENNEDY RD SFD O 0 0 0 N 532-19-020 16200 KENNEDY RD ADU R 0 0 0 N532-17-025 16510/16508 KENNEDY RD ADU R 1 10/8/2021 1 0 0 N Survey for 2015-2023 Housing Element 532-35-067 16880 KENNEDY RD 0 0 0 N
424-23-005 112 LAS ASTAS DR ADU R 1 11/3/2021 1 2/8/2022 0 0 N Survey for 2015-2023 Housing Element 424-23-005 112/114 LAS ASTAS DR ADU R 1 11/3/2021 1 2/8/2022 0 0 N Survey for 2015-2023 Housing Element532-28-037 200/202 LOMA ALTA AVE ADU R 1 5/25/2021 1 1 9/17/2021 1 0 N Survey for 2015-2023 Housing Element532-29-073 15 LOMA ALTA AVE ADU R 1 3/10/2021 1 1 12/7/2021 1 0 N Survey for 2015-2023 Housing Element409-15-030 14274 LORA DR ADU R 1 3/11/2021 1 1 12/8/2021 1 0 N Survey for 2015-2023 Housing Element409-15-028 14300 Lora Drive ADU R 0 0 0 N 424-10-009 14926 LOS GATOS BLVD 5+ R 0 0 0 N
529-22-058 349/351 LOS GATOS BLVD ADU R 1 4/22/2021 1 0 0 N Survey for 2015-2023 Housing Element 532-09-039 16619 MARCHMONT DR ADU R 1 12/20/2021 1 0 0 N Survey for 2015-2023 Housing Element532-09-032 16515 Marchmont DR ADU R 1 7/7/2021 1 0 0 N Survey for 2015-2023 Housing Element532-09-033 16529 MARCHMONT DR ADU R 1 3/17/2021 1 0 0 N Survey for 2015-2023 Housing Element532-10-003 212/214 MARCHMONT DR ADU R 1 7/26/2021 1 1/6/2022 0 0 N Survey for 2015-2023 Housing Element424-15-018 152 MARICOPA DR ADU R 0 1 12/10/2021 1 0 N Survey for 2015-2023 Housing Element410-12-030 20/22 MARIPOSA AVE ADU R 1 7/29/2021 1 0 0 N Survey for 2015-2023 Housing Element410-15-069 590 MONTEREY AVE ADU R 1 10/26/2021 1 0 0 N Survey for 2015-2023 Housing Element424-44-020 16437 MOZART WAY ADU R 1 12/14/2021 1 0 0 N Survey for 2015-2023 Housing Element529-10-131 120 OAK MEADOW DR 0 0 0 N 406-40008 751 POLLARD RD ADU R 1 3/25/2021 1 1 6/22/2021 1 1 8/20/2021 1 N Survey for 2015-2023 Housing Element 410-18-018 517 SAN BENITO AVE ADU R 1 7/7/2021 1 0 0 N Survey for 2015-2023 Housing Element537-26-065 15785 SHANNON RD ADU R 1 12/15/2021 1 1/19/2022 0 1 2/2/2022 1 N Survey for 2015-2023 Housing Element537-26-046 15815 SHANNON RD ADU R 1 10/12/2021 1 0 0 N Survey for 2015-2023 Housing Element532-29-063 112 STACIA ST ADU R 1 12/3/2021 1 0 0 N Survey for 2015-2023 Housing Element532-29-094 118/116 STACIA ST ADU R 1 4/19/2021 1 0 0 N Survey for 2015-2023 Housing Element527-20-003 400 SURMONT DR SFD O 0 0 0 N 510-18-015 100 TAIT AVE ADU R 0 0 0 N
532-09-024 16580 TOPPING WAY ADU R 1 12/10/2021 1 0 0 N Survey for 2015-2023 Housing Element 532-09-022 16608 Topping WAY ADU R 1 2/19/2021 1 0 0 N Survey for 2015-2023 Housing Element532-24-003 201 TWELVE OAKS RD 0 0 0 N 529-07-041 407 UNIVERSITY AVE ADU R 0 0 0 N
424-28-035 17301 VINELAND AVE 0 0 0 N
532-33-054 139 VISTA DEL MONTE ADU R 1 1/26/2022 1 0 0 N Survey for 2015-2023 Housing Element 409-14-013 17291 Wedgewood AVE SFD O 1 1 0 0 N
532-36-066 127 WHEELER AVE ADU R 1 3/18/2021 1 1 6/25/2021 1 0 N Survey for 2015-2023 Housing Element 532-37-029 142 WHITNEY AVE 0 0 0 N
532-29-069 51 WHITNEY AVE ADU R 1 7/20/2021 1 1 10/28/2021 1 0 N Survey for 2015-2023 Housing Element 529-11-013, 038, 039, 040 1586 WINCHESTER BLVD 5+ R 0 0 0 N 510-47-045 144 WOOD RD SFD O 1 9/10/2021 1 0 0 N
510-15-020 213 Belmont Ave ADU R 1 8/17/2020 1 1 12/17/2020 1 1 10/11/2021 1 N Survey for 2015-2023 Housing Element

Page 56 ends

Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - 49 - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - 2 - - - 1 - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - 1 2 - -
Non-Deed Restricted 2 3 4 16 28 27 36 - -
Above Moderate 174 13 38 9 7 3 76 185 - - 331 -
619
15 43 13 23 31 154 223 - - 502 274
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 13 49
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 119
Moderate
201 112 132
Please contact HCD if your data is different than the material supplied here 3 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
152 109
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNATotal Units
Income Level
Very LowLow

Page 57 ends

Jurisdiction Los Gatos
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation North 40 Specific Plan
Area Rezoning Rezone Specific Plan Area Within 3 years North 40 Specific Plan zoning designation adopted on August 4, 2015.

Below Market Price (BMP)
Program
Continue to implement the BMP
Program in order to increase the
number of affordable units in the
community.

On-going BMP Program is implemented on all residential projects that meet the criteria.

Enhanced Second Unit
Policy
Amend the Town Code to allow more
opportunities for new deed-restricted
second units to be affordable to lower
income households.

Within 1 year Accessory Dwelling Unit Ordinance amendments adopted on 2/6/18.

General Plan Density
Bonus
Continue to provide up to a 100%
density bonus for developments that
provide housing for elderly,
handicapped, and/or very low and low
income households.

On-going This is an incentive that would be provided to projects that meet the criteria.

BMP In-Lieu Fees Use BMP in-lieu fees to increase and
preserve affordable housing. On-going Use of BMP in-lieu fees will be considered as opportunities arise.

Extremely Low-Income
Households
Offer incentives to developers to
develop this type of housing. On-going The Town will consider incentives when projects of this nature are proposed.

Funds for Development
for Extremely Low-Income
Households
Use BMP in-lieu fees to subsidize these
types of projects. On-going Use of BMP in-lieu fees will be considered as opportunities arise.

Large Site Program
To assist development of housing for
lower income households on sites
larger than 10 acres.

On-going Incentives and assistance will be considered as opportunities arise.

Affordable Housing
Overlay Zone
Continue to implement minimum
density and incentives in the AHOZ. On-going This will be implemented when a project in the AHOZ is considered.

Meeting Los Gatos'
Housing Needs Using the
AHOZ
Develop by-right development findings
for North 40 and AHOZ site. Within 1 year This has not yet been completed.

Transitional and
Supportive Housing
Amend Town Code to clarify
Transitional and Supportive housing is
a permitted use in residential zones.

Within 1 year The Town will comply with State Law and SB 743 if a project is proposed before the Town Code is amended.

By Right Findings Develop by-right development findings for North 40 and AHOZ site. Within 1 year This has not yet been completed.

No Net Loss
If residential capacity is reduced on a
property on the Sites Inventory then the
Town will identify and zone another
property to accommodate the
remaining RHNA.

On-going If this situation arises the Town will comply with this requirement.

Preserve "At-Risk"
Affordable Housing Units
Monitor affordable housing to ensure
affordability status is maintained. On-going No units are at-risk of converting to market rents in the planning period.

Rental Housing
Conservation Program
Any conversion of residential uses
must saisfy the housing goals and
policies of the General Plan.

On-going This will be considered if a conversion of residential uses is proposed.

CDBG and other Housing
Rehabilitation Programs
Continue to participate in CDBG JPA
and CDBG Housing Rehabilitation
programs.

On-going The Town still participates in these programs.

Countywide Home Repair
Programs
Support countywide programs that
provide assistance to lower income
households.

On-going The Town supports these programs.

Town Housing Resources
Guide
Provide information on developments
that provide affordable housing units. On-going Town Housing Resources Guide is updated when necessary.

Rental Dispute Resolution
Program
Continue to administer a Rental
Dispute Resolution Program. On-going The Town continues to use Project Sentinel to administer a Rental Dispute Resolution Program.

Emergency Shelters
Change Town Code to allow emergency
shelters in the CM zoning district as a
permitted use.

Within 1 year Town Code has been amended to address this.

Supportive Services for
the Homeless
Continue to support organizations that
provide supportive services for
homeless persons.

On-going The Town continues to support organizations that provide supportive services for homeless persons.

Santa Clara County
Housing Consortium
Support the efforts of the Santa Clara
County Fair Housing Consortium. On-going Project Sentinel is a member of the Santa Clara County Fair Housing Consortium and administers the Town's Rental Dispute Resolution Program.

Non-Profit Affordable
Housing Providers
Support the efforts of non-profit
affordable housing organizations. On-going The Town has met with affordable housing organizations regarding potential development in Town.

Increased Range of
Housing Opportunities for
the Homeless
Continue to support Santa Clara
Couty's Continuum of Care Plan. On-going The Town continues to support Santa Clara Couty's Continuum of Care Plan.

Compliance with the
Employee Housing Act
Amend Town Code to adress the
Employee Housing Act. Within 1 year The Town will comply with State Law if a project is proposed or an issue comes up before the Town Code is amended.

Senior Housing
Resources
Update senior resource materials
regularly. Annualy Senior resource materials are updated when necessary.

Governmental Constraints Remove affordable housing
development constraints. Every 3 years The Town's Housing Element contains a number of items that limit or remove constraints.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)

Page 58 ends

Reasonable
Accommodation
Ordinance
Amend the Town's Reasonable
Accommodation Ordinance. Within 1 year This has not yet been completed.

Persons with Disabilities Remove constraints to housing with persons with disabilities. Every 3 years Removal of constraints is considered when necessary.

Special Needs Housing Give priority to special needs housing. On-going If a project of this nature is submitted it will be given priority.

Special Needs Housing Include preferential handling of special needs populations. On-going Will be considered when plans are adopted and projects are funded.

Rental Assistance for
Persons with
Developmental
Challenges
Explore opportunities to work with
local and/or regional partners to
provide rental assistance for persons
with developmental challenges.

On-going The Town will explore opportunities with local and/or regional partners during this Housing Element cycle.

Universal Design
Consider universal design
enhancements and include universal
design features in new construction.

Every 2 years
The Town will consider enhancements to universal design and the Town requires universal design features in new construction consistent with Building Code requirements.

Universal Design
Awareness
Increase awareness of universal design
principles. Within 2 years The Town will take appropriate actions to increase awareness of universal design principles.

Developmental
Challenges
Continue to work with the CA
Department of Developmental Services
to inform citizens of available services.

On-going The Town will work with the CA Department of Developmental Services to inform citizens of available services.

Development Standards
Continue to review, evaluate, update,
and streamline the development
process for affordable housing
developments.

On-going The Town considers improvements to the development review process for affordable housing projects when they are proposed.

Energy Conservation
Opportunities
Continue to enforce Title 24
requirements. On-going The Town enforces Title 24 requirements.

Annual Housing Report Prepare an annual housing report. On-going The Town prepares an annual housing report.

Housing Management
Continue to fund staff for management
and planning of housing programs and
funding.

By December 2016
The Town has contracted with Hello Housing to administer our affordable housing program and has staff that dedicate time to our affordable housing program.

Coordination with Water
and Sewer Service
Providers
Provide the Housing Element to the
San Jose Water Company and West
Valley Sanitation District
Upon adoption of Housing
Element
Town staff regularly work with the San Jose Water Company and West Valley Sanitation District on upgrades to their infrastructure and they are involved in development applications and environmental review.

Page 59 ends

Jurisdiction Los Gatos
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 2
Non-Deed Restricted 36
185
223
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 1 4 1
2 to 4 0 0 0
5+ 0 183 23
ADU 58 36 23
MH 0 0 0
Total 59 223 47
68 185
58 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level

Page 60 ends

This Page
Intentionally
Left Blank

Page 61 ends

PREPARED BY: WooJae Kim
Town Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 3/15/2022
ITEM NO: 8
DATE: March 10, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc. to Include:
a. An Increase to the Contract Amount for Fiscal Year 2021/22 in the Amount of $67,000;
b. An Expenditure Budget Adjustment in the Amount of $67,000 from Available Fiscal Year 2021/22 Parks and Public Works Department – Engineering Development Services Program Revenues; and
c. An Increase to the Remaining Ongoing Annual Contract Amount by a Total of $50,000 per Year from Fiscal Year 2022/23 to Fiscal Year 2024/25, Subject to the Appropriation of Funds, for a Total Revised Five-Year Contract Amount Not to Exceed $900,567.

RECOMMENDATION:

Authorize the Town Manager to execute a Second Contract Amendment (Attachment 1) to the Traffic Signal and Streetlight Maintenance and Underground Service Alert (USA) Locating Services Contract with St. Francis Electric, Inc. to include:
a. An increase to the contract amount for Fiscal Year (FY) 2021/22 in the amount of $67,000; b. An expenditure budget adjustment in the amount of $67,000 from available FY 2021/22 Parks and Public Works Department – Engineering Development Services Program revenues; and
c. An increase to the remaining ongoing annual contract amount by a total of $50,000 per year from FY 2022/23 to FY 2024/25, subject to the appropriation of funds, for a total revised five-year contract amount not to exceed $900,567.
d.

Page 62 ends

PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc.

DATE: March 10, 2022
BACKGROUND:

The Town of Los Gatos utilizes contractual services for the traffic signal and streetlight repair and maintenance and underground utility locating services within the Town jurisdiction. Traffic signal and streetlight contractual services include repairs on an as-needed basis, periodic inspections, testing of the equipment, and lamp replacements. Underground utility locating services involve responding to Underground Service Alert (USA) requests to identify and mark the Town’s underground infrastructure at construction sites prior to any digging operations.

Staff has determined that contractual services would be the most cost-effective delivery method due to technical expertise and specialty equipment required.

On September 15, 2020, the Town Council authorized the execution of a five-year agreement with St. Francis Electric, Inc. to provide traffic signal and streetlight repair and maintenance and USA locating services for a total agreement amount not to exceed $675,000. The agreement term is from FY 2020/21 through FY 2024/25. Current contract terms stipulate that compensation for each fiscal year would not exceed $135,000. A new purchase order in the amount of $135,000 is issued at the beginning of each fiscal year for the service for that year.

On August 3, 2021, the Town Council approved the first amendment to the Operations Contract with St. Francis Electric, Inc. in the amount of $8,567 for FY 2020/21 to cover the cost overage from a high number of USA requests received for various development and Town capital improvement projects. Council approved the additional amount to be funded from FY 2020/21 Parks and Public Works Department – Engineering Development Services Program (5202), for a total revised contract amount not to exceed $683,567.

DISCUSSION:

The services needed and resulting costs each fiscal year depend on the number of traffic signal and streetlight repair and maintenance calls and USA requests. The repair and maintenance response services budget is close to full expenditure for this fiscal year. The Town encountered numerous traffic signal repair issues, and staff anticipates more funds are needed to replace and maintain traffic signal cabinets, conduits, wiring, and poles for the remainder of the fiscal year.

The annual appropriation for the underground utility locating services is $17,000, which accounts for approximately 120 USA requests per year ($140/USA request). Through January 2022 of this fiscal year, St. Francis Electric responded to 206 USA requests, and staff anticipates that there could be as many as 200 more USA requests for the remainder of the fiscal year due to upcoming utility improvements, private developments, and Town capital projects.

Page 63 ends

PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc.

DATE: March 10, 2022
DISCUSSION (continued):

An additional $67,000 is needed for the remainder of FY 2021/22 to continue the contract services by St. Francis Electric without disruptions as summarized below:

Contracted Services Annual
Appropriated
Amounts per
Services
FY 2021/22
Service Charges
to January 2022
Anticipated
Needs for
Remainder of
FY 2021/22
Total
Anticipated
Needs for
FY 2021/22
Response Maintenance
(Repairs)
$ 50,669 $ 40,780 $ 37,000 $ 77,780
Routine Maintenance $ 67,331 $ 38,437 $ 28,894 $ 67,331 Utility Locating $ 17,000 $ 28,840 $ 28,000 $ 56,840
Total $135,000 $124,056 $ 77,444 $201,951
Additional Amount Needed for FY 2021/22 $ 66,951
Rounded Up to $ 67,000
Staff has identified a source of funds for this increase from FY 2021/22 Parks and Public Works Department – Engineering Development Services Program (5202) revenues, where revenues are tracking higher than anticipated.

For the remaining three fiscal years (FY 2022/23 to FY 2024/25) of the five-year agreement with St. Francis Electric, staff is requesting that the Town Council authorize an annual contract amount capacity increase of $50,000 per fiscal year, increasing the total five-year contract amount not to exceed $900,567.

Original Contract $ 675,000
First Amendment $ 8,567 for FY 2020/21
Second Amendment $ 67,000 for FY 2021/22
$ 150,000 for FY 2022/23 to FY 2024/25
Total $900,567
This would allow the annual contract amount to increase from $135,000 to $185,000 for the next three fiscal years to cover future service level increases. Funding for the FY 2022/23 to FY 2024/25 services would be established during each annual budget process.

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PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc.

DATE: March 10, 2022
CONCLUSION:

The Town Council’s authorization of the second contract amendment for the traffic signal and streetlight repair and maintenance and USA locating services would allow St. Francis Electric to continue providing the contract services in FY 2021/22 and increase the contract capacity by $50,000 each fiscal year for the remaining three years of the contract term.

COORDINATION:

This report is coordinated with the Finance Department.

FISCAL IMPACT:

There are sufficient funds available in the FY 2021/22 Parks and Public Works Department - Engineering Development Services Program (5202) revenues for the $67,000 contract increase of the second contract amendment. The $150,000 increase for the remaining three fiscal years would be subject to future appropriation of funds during the corresponding annual budget processes.

ENVIRONMENTAL ASSESSMENT:

The actions associated with this item are not a project defined under CEQA, and no further action is required.

Attachment:

1. Second Amendment to Agreement for Services Including Original Agreement and First Amendment

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St. Francis Electric – Second Amendment to Agreement for Services

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SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 15th day of March 2022 and amends that certain AGREEMENT FOR SERVICES dated September 15, 2020, and FIRST AMENDMENT TO AGREEMENT dated July 22, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, (“Service Provider”).

RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town and Service Provider entered into First Amendment to the Agreement for Services on August 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.

C. Town desires to make second amendment to the Agreement to the compensation for Services in Fiscal Year 2021/22 and Fiscal Years 2022/23 through Fiscal Year 2024/25.

AMENDMENT

1. 2.6 Compensation is amended to read as follows:
 For Fiscal year 2021/22, the annual compensation for Services shall be increased by $67,000 for a total annual amount of $202,000; and
 For Fiscal Year 2022/23 to Fiscal Year 2024/25, the annual compensation for Services shall be increased by $50,000 for a total annual amount of $185,000 for the three fiscal years, for a total revised contract amount not to exceed $900,567.

2. All other terms and conditions of the Agreement remain in full force and effect.

ATTACHMENT 1 Page 66
St. Francis Electric – Second Amendment to Agreement for Services

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IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos, by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti
Town Manager
______________________________
Name/Title
Recommended by:
__________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk

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DocuSign Envelope ID: 8756FFA3- F4F2-4F75-8155-84AEB3348A67

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DocuSign Envelope ID: 8756FFA3- F4F2-4F75-8155-84AEB3348A67 8/3/2021
8/3/2021
8/3/2021
8/4/2021

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 15th of September 2020, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and St. Francis Electric (“Service Provider”), whose address is 975 Carden St., San Leandro, CA. 94577. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.

1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Town desires to engage Service Provider to provide a comprehensive Street Lighting and Traffic Signal Preventive Maintenance and Repair Services.

1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 26, 2020, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin November 1, 2020 and will continue through June 30, 2025, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025

2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2.6 Compensation:

Compensation for year one shall not exceed $135,000. Compensation for future years will be the base cost of $135,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.

2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025

2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.

Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.

2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.

4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.

4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.

4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025

4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Service Provider:

St. Francis Electric
975 Carden St.

San Leandro, CA. 94577
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.

4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:
_________________________________
Laurel Prevetti, Town Manager
Recommended by:
________________________________________
Matt Morley, Director of Parks and Public Works
St. Francis by:
_______________________________________
_______________________________________
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 9/30/2020
Vice President
9/30/2020
10/6/2020
10/6/2020
10/6/2020

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Signals Streetlights RFP Cost Summary 2020
Attachment 2: Signals/Streetlights Quote Summary 2020 St. Francis Electric Basic Services
Bid Monthly
Item Location Description Unit Price Quantity Cost
1 Los Gatos Street Light Maintenance $1.10 1600 $1,760
2 Los Gatos Traffic Signal PM $120.00 31 $3,720
3 Los Gatos Parking Lot Light Maintenance $1.10 119 $131 4 Los Gatos USA Locating $140.00
5 6
7 8
9 Monthly Total $5,611
Annual Total $67,331
Additional Services T & M Per Hour
10 11
12 13

EXHIBIT A
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184

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PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 9
DATE: March 3, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Corporation Yard Building Replacement Project (CIP No. 821-2302):
a. Reject all Bids for the Corporation Yard Building Replacement CIP Project No. 821-2302 and Authorize the Town Manager to Rebid the Project; and b. Authorize the Town Manager to Execute a Fourth Amendment to Agreement with Cuschieri Horton Architects in an Amount of $9,390 for a Total Agreement Amount Not to Exceed $227,840 for Plan Revisions; and c. Authorize an Expenditure Budget Adjustment in the Amount of $600,000 to the Project from Available General Fund Appropriated Reserve and General Fund Capital/Special Projects Reserve.

RECOMMENDATION:

Staff recommends that the Town Council take the following actions:
a. Reject all bids for the Corporation Yard Building Replacement CIP Project No. 821-2302 and authorize the Town Manager to rebid the project; and
b. Authorize the Town Manager to Execute a Fourth Amendment to Agreement with Cuschieri Horton Architects (Attachment 1) in an amount of $9,390 for a total agreement amount not to exceed $227,840 for plan revisions; and
c. Authorize an expenditure budget adjustment in the amount of $600,000 to the Project from available General Fund Appropriated Reserve (GFAR) and General Fund Capital Special Projects Reserve.

BACKGROUND:

The Town’s adopted Fiscal Year (FY) 2021/22 Capital Improvement Program Budget designates funding for Town projects, including Project 821-2302, Building Replacement at the Corporation

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PAGE 2 OF 4
SUBJECT: Corporation Yard Building Replacement Project (CIP No. 821-2302) DATE: March 3, 2022
BACKGROUND (continued):

Yard. This is the second phase in a two phased project in which phase one resulted in the conversion of warehouse space to office space and phase two involves replacing an old portable building, that has been used as staff space and police evidence storage, with a steel storage building.

On October 2, 2018, the Town Council authorized the Town Manager to execute an agreement with Cuschieri Horton Architects for the Design of Corporation Yard Building Replacement and Engineering Tenant Improvement project.

On August 18, 2020, the Town Council authorized the Town Manager to execute a construction contract with DesignTek Consulting Group, LLC. for the construction of phase one of the project which included tenant improvements of engineering staff offices and conversion of warehouse space into staff office space. The phase one construction work has been completed. The maintenance staff has relocated to the new offices and Police evidence has been moved to a temporary trailer in preparation for phase two of the project.

On December 21, 2021, the Town Council authorized advertising the project for bid. The project was subsequently advertised for bids and bids were opened on February 3, 2022.

DISCUSSION:

A mandatory pre-bid walk-through was held on January 18, 2022 for prospective bidders to visit the project site before bidding. A total of 8 contractors and sub-contractors attended the prebid walk-through. However, only one bid from Premier Builders, Inc. in the amount of $1,146,104 was received for the project. The bid amount exceeded the $763,776 amount that Town Council had authorized based on the engineer’s estimate.

To address the high bid amount, staff proposes to award the project as two separate contracts, one for demolition and one for construction. This will enable more competitive bidding from specialized contractors in each respective phase.

Cuschieri Horton Architects will provide additional services to simplify the bid package by removing the completed Phase I of the overall project plan set which included the improvements at the Engineering Building and to look for opportunities to remove scope from the project. This will provide more clarity to the scope of work to prospective bidders.

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PAGE 3 OF 4
SUBJECT: Corporation Yard Building Replacement Project (CIP No. 821-2302) DATE: March 3, 2022
CONCLUSION:

Approval of the recommendations would allow the project to move forward. Two separate construction contracts would be awarded to the lowest responsible bidders, in alignment with the Procurement Policy.

COORDINATION:

The design of this project has been coordinated with Community Development Department and County Fire through the building permit process.

FISCAL IMPACT:

Based on the estimated cost of construction to complete this project, additional funds of $600,000 are required. This is due to the increased costs for construction and materials since the project’s conception in 2018. The budget adjustment allows for funding to be in place as required to bid the project. Should favorable bids be received, excess funds would be returned to General Fund Appropriated Reserve (GFAR).

The below table summarizes the anticipated project expenditures. There are sufficient funds available in the GFAR and in the General Fund Capital/Special Projects Reserve for the additional expenses.

Building Replacement at Corporation Yard
Project 821-2302
Budget Costs
GFAR $2,051,781
Approved with this Staff Report $600,000
Total Budget $2,651,781
Expenditures to Date (Including Encumbrances) $1,396,709 Amendment to Agreement with this Staff Report $9,390
Total Expenditures $1,406,099
Remaining Budget $1,245,682
ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is Categorically Exempt (Section 15301 a and d). A Notice of Exemption will not be filed.

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PAGE 4 OF 4
SUBJECT: Corporation Yard Building Replacement Project (CIP No. 821-2302) DATE: March 3, 2022
Attachments:

1. Fourth Amendment including original Agreement and Amendments

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1 FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES CUSHIERI HORTON ARCHITECTS ATTACHMENT 1

FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 3
rd day of March 2022 and amends that certain agreement for CONSULTANT SERVICES dated October 3, 2018 made by and between the Town of Los Gatos, ("Town,") and Cushieri Horton Architects (“Consultant.”)

RECITALS
A. Town and Consultant entered into a Consultant Agreement on October 3, 2018, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

AMENDMENT

1. Town and Consultant entered into an Agreement for Consultant Services on October 3, 2018 (“Agreement”), a First Amendment on March 3, 2021 (“Agreement”), and Second Amendment on November 2, 2021 (“Agreement”), copies of which are attached hereto and incorporated by reference as Attachment 1 to this Amendment.

2. All other terms and conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos Approved as to Consent:

By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Print Name, Title
Department Approval:
_______________________________________
Matt Moley
Parks and Public Works Director
Approved as to Form: Attest:
______________________________ ______________________________ Robert Schultz, Town Attorney Shelley Neis, MMC, CPMC, Town Clerk

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Cuschieri Horton Architects – Third Amendment to Agreement for Consultant Services

THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 21ST day of December 2021 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 3, 2018, FIRST AMENDMENT TOAGREEMENT dated March 3, 2021, and SECOND AMENDMENT TO AGREEMENT dated November 2, 2021 made by and between the TOWN OF LOS GATOS, ("Town,") and Cuschieri Horton Architects (“Consultant”).

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on October 3, 2018 (“Agreement”), a First Amendment on March 3, 2021 (“Agreement”), and Second Amendment onNovember 2, 2021 (“Agreement”), copies of which are attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to extend the term of the Agreement.

AMENDMENT

1. Section 2.2 Term and time of Performance is amended to read:

This Contract will remain in effect through December 31, 2022.

2. All other terms and conditions of the Agreement remain in full force and effect.

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Cuschieri Horton Architects – Third Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos by: Consultant by:
_______________________________ ______________________________ Laurel Prevetti
Town Manager
______________________________
Name/Title
Recommended by:
__________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk

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Cuschieri Horton Architects – Second Amendment to Agreement for Consultant Services

SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 2
nd day of November 2021 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 3, 2018, and FIRST AMENDMENT TO AGREEMENT dated March 3, 2021 made by and between the TOWN OF LOS GATOS, ("Town,") and Cuschieri Horton Architects (“Consultant”).

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on October 3, 2018 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town and Consultant entered into First Amendment to the Agreement for Consultant Services on March 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.

C. Town desires to make second amendment the Agreement to add to the scope of services and provide additional compensation for additional architectural and engineering design services to support building replacement at Parks and Public Works Corp Yard.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read:

Consultant shall provide services as described in that certain Cost Proposal sent to the Town on October 14, 2021, which is hereby incorporated by referenced and attached as Exhibit C.

2. Section 2.6 Compensation is amended to read:

Additional compensation for Consultant’s professional services shall be $53,100, for a total agreement not to exceed $218,450.

3. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: D1D75E1D-8515-427D-B8F5-6EC02A3B8B83 ATTACHMENT 1 TO THIRD AMENDMENT Page 87

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Cuschieri Horton Architects – Second Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
14 October 2021
CHA Add Service 5 - Proposal
1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 14 October 2021
CHA# 1826.05
Matt Morley
Director
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue, Los Gatos, CA 95030
Project / Location:

TLG – Engineering TI and Storage Building
41 Miles Avenue, Los Gatos, CA 95030
RE: Additional Services #5 Fee Proposal for Additional Construction Administration Services for the Storage Building
Dear Matt,
Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for an additional (4) month Construction Administration services in connection to the proposed Storage Building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals.

SCOPE OF WORK:

This added scope of work includes:
 Extended Construction Administration Services for four (4) months for the Storage Building construction.

Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work.

ASSUMPTIONS:
 AOR efforts in assisting the contractor in evaluating and ensuring compliance with the contract documents, coordinate and inspect contractor’s work. Coordination with the Design team, Contractor and the Owner in reviewing submittals and responding to RFIs. Attend weekly construction meetings.
 Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services.  All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Assumptions.

EXCLUSIONS (can be provided as an additional service & billed at current SOC, if needed):
 Preparation of documentation beyond those described above and within this proposal.  Additional revisions during CA period.
 All prior exclusions and scope noted within original approved proposal remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Exclusions.

EXHIBIT C

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
16 September 2021
CHA Add Service 5 - Proposal
2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 PROFESSIONAL FEES:

Town of Los Gatos Engineering Building TI
and Storage Building
Additional Services #5
Fees
(4) Month Extended Construction
Administration Services

CHA – Cuschieri Horton Architects Construction Administration Services $ 21,500 BASE Design Structural Construction
Administration Services
$ 1,200
Sandis Civil Construction Administration $ 3,000
ACIES Engineering MEP Construction Administration
Services
$ 3,000

(Add Services): $ 28,700

We propose the following CHA Staff and SOC rates for this project:

Project Manager– Dan Cuschieri, Architect, (Hourly rate: $170/hr.) Senior Designer – Ray Bolisay (Hourly rate: $150/hr.)
Job Captain – Sanobar Girap (Hourly rate: $135/hr.)
CAD drafter (Hourly rate: $115/hr.)
Reimbursable Charges: Computed at cost + 10%.

AGREEMENT FOR SERVICES:

Above noted services will be provided in accordance with the standard AIA agreement, to be provided by CHA. If the TLG has their own agreement, please provide to CHA for review and execution. CHA will proceed with these services following distribution, review and our receipt of TLG signed approval followed by an executed Agreement between CHA and TLG, issued for these services. Services outside this proposed scope of work will be billed hourly per CHA and CHA’s engineering consultant’s current schedule of charges, following Owner approval of such additional work.

Thank you for your consideration and approval of this additional work. Please call with any questions.

Sincerely
Dan Cuschieri, AIA, Principal
By signing below, you have acknowledged acceptance of the terms, fees, & conditions of this proposal letter, and authorize Cuschieri Horton Architects to proceed with the proposed services, included with any amendment to the fully executed prime agreement. (Please email signed/executed color copy to CHA)
________________________________________________________________ ______________________ Signature of Owner representative (s) Date
________________________________________________________________ __________________________________________________________ Full Name of Owner representative(s)
Cc: Tony Cuschieri (CHA), Kristi Pearce-Percy (CHA), Jeannette Keplinger (CHA)

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582 Market Street, Suite 1402 | San Francisco, CA 94104 | T 415-466-2997 | www.BASEdesigninc.com September 15, 2021
Dan Cuschieri
Cuschieri Horton Architects
20 S. Santa Cruz Avenue
Suite 108
Los Gatos, CA
95030
RE: TLG Storage Building
Construction Administration Schedule
Cuschieri Horton Architects Project No. 1826
BASE Design Project No. 18174, Add Service #2
Dear Mr. Cuschieri,
Per emails from Ray Bolisay of your office sent September 14, 2021, the construction phase of the Storage Building will be extended by four months. This extended construction schedule will require additional time for construction administration.

BASE Design proposes to provide the scope of services described above for the new storage building construction at an hourly rate of $150, not to exceed of $1,200 (One Thousand and Two Hundred Dollars).

We hope that this add service proposal is acceptable to you. If the fees and terms provided herein are acceptable, this letter can serve as our agreement and our authorization to proceed.

Sincerely,
BASE Design
Katy Briggs, SE 5732
Principal
ACCEPTED BY:

Cuschieri Horton Architects
BY:

DATE:

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BUILD ON. | 1
September 16, 2021
Project No. 218290
Dan Cuschieri
Cuschieri Horton Architects
1475 S. Bascom Avenue, Suite 204
Campbell, CA 95008
T: 408.371.8200
E: [email protected]
RE: LOS GATOS ENGINEERING BUILDING TI
ASR #2 – STORAGE BUILDING RELOCATION

LOS GATOS, CA
Dear Dan,
This letter is our amendment to the original proposal dated May 23, 2018 for the above referenced project. The following scope of work is included in this amendment, per the email received on 09/14/21 from Ray Bolisay, Cuschieri Horton Architects:

1. Adjust storage building an additional five (5) feet from property line.

2. Adjust all grading and utility improvements with respect to building relocation.

3. Revise civil plan set to architectural team for town submittal.

4. Respond to one (1) round of town review comments.
• Construction Documents – $7,000
• Construction Administration – $3,000
These services will be provided for the sum of $10,000 (Ten Thousand Dollars) and will be performed under the terms and conditions of our original contract. Please return one signed copy of this letter to our Campbell office as your authorization to proceed.

Regards, Approved

CUSCHIERI HORTON ARCHITECTS
Chad Browning, PE, LEED AP, QSD/P By: ____________________________________ Associate Principal
Title: __________________________________
Date: __________________________________
Steve Yazalina
Project Manager
ASR #3 - Extended 4-Month
Construction Administration

1. Extended 4-month construction administration.

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ACIES

ENGINEERING
400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 [email protected]

AUTHORIZATION FOR REQUESTED ADDITIONAL SERVICES
CLIENT: Cuschieri Horton Architects
20 S. Santa Cruz Ave, Suite 108
Los Gatos, CA 95030
Tel: (408) 371-8200 x1121
DATE: 09-15-2021
AUTHORIZED REPRESENTATIVE: Ray Bolisay [email protected] PROJECT: Los Gatos Engineering TI
41 Miles Avenue
Los Gatos, CA 95030
PROJECT NUMBER: 180541.03

DESCRIPTION OF

ADDITIONAL
SERVICES:

Additional MEP Engineering and Design assistance to provide Construction Administration support services (4 months) for the Storage building.

ADDITIONAL
SERVICE FEE: Time and Material But Not To Exceed $3,000.00 REIMBURSABLE EXPENSES shall refer to those out-of-pocket costs, expenses, fees, or charges which ACIES incurs on the CLIENT’s behalf. “Reimbursable Expenses” include but are not limited to:
- Production of drawings, calculations, etc.
- Travel expenses
- Shipping and postage
- All fees paid to local agencies or government offices on behalf of the CLIENT or the project.

Prevailing in-house reimbursable expense rates are as follows:

Item Price
Reimbursement - Bond 11 x 17 $0.75
Reimbursement - Bond 17 x 22 $1.00
Reimbursement - Bond 18 x 24 $1.00
Reimbursement - Bond 22 x 34 $1.50
Reimbursement - Bond 24 x 22 $1.00
Reimbursement - Bond 30 x 42 $2.75
Reimbursement - Bond 36 x 24 $2.50
Reimbursement - Bond 36 x 48 $4.00
Reimbursement - Vellums $10.00
Reimbursement - Mileage $0.58/mile
Reimbursement - Acies Messenger $25.00
Reimbursement - Drawings Delivery Varies
Reimbursement - Copies $0.10/sheet

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LOS GATOS ENGINEERING, 41 MILES AVE. PAGE 2
LOS GATOS, CA 180541.03
400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 [email protected] PREVAILING HOURLY BILLING RATES:

Principal $230.00/hr
Associate $190.00/hr
Project Director $175.00/hr
Project Manager $150.00/hr
Project Engineer $130.00/hr
Designer $115.00/hr
REVIT / CAD Operator $120.00/hr
Administrator $85.00/hr
All terms and conditions from original proposal dated 06-19-2018 apply to this additional service agreement. Reimbursable expenses such as drawing reproduction, copying, fax, travel expenses, long distance telephone and toll calls, shipping, postage & etc will be charged at 1.1 times their cost to Acies.

EXECUTION: In witness whereof, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written.

SUBMITTED BY: APPROVED BY:

ACIES ENGINEERING
SRDJAN REBRACA, PE PRINT:

PRINCIPAL DATE:

DATE: SEPTEMBER 15, 2021

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
14 October 2021
CHA Add Service 6 Rev01- Proposal
1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 14 October 2021
CHA# 1826.06
Matt Morley
Director
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue, Los Gatos, CA 95030
Project / Location:

TLG – Engineering TI and Storage Building
41 Miles Avenue, Los Gatos, CA 95030
RE: Additional Services #6 Rev01 Fee Proposal for Additional Design Services to Relocate the Storage Building
Dear Matt,
Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for relocation of the Storage building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals.

SCOPE OF WORK:

This added scope of work includes:
 Relocate the proposed Storage building 10 feet away from the north property line.  Rearrange HVAC unit for the Storage building due to the relocation of the building.  Adjust grades, elevations, and utility improvements with respect to the relocation of the Storage building.
 Redesign parking and ramps in front of the relocated Storage building.

Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work.

ASSUMPTIONS:
 AOR efforts in coordination and preparation of the revised drawings and resubmission to the Town of Los Gatos Building Department.
 Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services.  All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Assumptions.

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
14 October 2021
CHA Add Service 6 Rev01- Proposal
2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 PROFESSIONAL FEES:

Town of Los Gatos Engineering Building TI
and Storage Building
Additional Services #6
Fees
Relocation of Storage Building
CHA – Cuschieri Horton Architects Architectural Design Fee $ 11,900 Sandis Civil Design Fee $ 7,000
ACIES Engineering MEP Design Fee $ 5,500
(Add Services): $ 24,400

We propose the following CHA Staff and SOC rates for this project:

AGREEMENT FOR SERVICES:

Thank you for your consideration and approval of this additional work. Please call with any questions.

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1. Adjust storage building an additional five (5) feet from property line.

2. Adjust all grading and utility improvements with respect to building relocation.

3. Revise civil plan set to architectural team for town submittal.

Regards, Approved

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ACIES

ENGINEERING
400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 [email protected]

AUTHORIZATION FOR REQUESTED ADDITIONAL SERVICES
CLIENT: Cuschieri Horton Architects
20 S. Santa Cruz Ave, Suite 108
Los Gatos, CA 95030
Tel: (408) 371-8200 x1121
DATE: Revised
10-12-2021
AUTHORIZED REPRESENTATIVE: Ray Bolisay [email protected] PROJECT: Los Gatos Engineering TI
41 Miles Avenue
Los Gatos, CA 95030
PROJECT NUMBER: 180541.05

DESCRIPTION OF

ADDITIONAL
SERVICES:

Additional MEP Engineering and Design assistance for a proposed revision on the location of the Town of Los Gatos storage building. The scope of work includes:
• Move Storage Building away from the northwest property line by 10’-0” per “Additonal Scope - Storage Building Relocation.pdf” sketch. • Relocate HVAC unit and reconfigure ductwork going inside the building. • Ramp and parking areas in front of the storage building shall also move to the proposed location.

ADDITIONAL
SERVICE FEE: $5,500
REIMBURSABLE EXPENSES shall refer to those out-of-pocket costs, expenses, fees, or charges which ACIES incurs on the CLIENT’s behalf. “Reimbursable Expenses” include but are not limited to:
- Production of drawings, calculations, etc.
- Travel expenses
- Shipping and postage
- All fees paid to local agencies or government offices on behalf of the CLIENT or the project.

Prevailing in-house reimbursable expense rates are as follows:

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LOS GATOS ENGINEERING, 41 MILES AVE. PAGE 2
LOS GATOS, CA 180541.05
400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 [email protected] PREVAILING HOURLY BILLING RATES:

EXECUTION: In witness whereof, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written.

SUBMITTED BY: APPROVED BY:

ACIES ENGINEERING
TOMISLAV GAJIC, PE PRINT:

PRINCIPAL DATE:

DATE: REVISED OCTOBER 12, 2021
Item Price
Reimbursement - Bond 11 x 17 $0.75
Reimbursement - Bond 17 x 22 $1.00
Reimbursement - Bond 18 x 24 $1.00
Reimbursement - Bond 22 x 34 $1.50
Reimbursement - Bond 24 x 22 $1.00
Reimbursement - Bond 30 x 42 $2.75
Reimbursement - Bond 36 x 24 $2.50
Reimbursement - Bond 36 x 48 $4.00
Reimbursement - Vellums $10.00
Reimbursement - Mileage $0.58/mile
Reimbursement - Acies Messenger $25.00
Reimbursement - Drawings Delivery Varies
Reimbursement - Copies $0.10/sheet

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Cuschieri Horton Architects – First Amendment to Agreement for Consultant Services

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 2
nd day of March 2021 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 3, 2018, made by and between the TOWN OF LOS GATOS, ("Town,") and Cuschieri Horton Architects (“Consultant”).

B. Town desires to amend the Agreement to add to the scope of services and provide additional compensation for Design Services and Fire Water Underground Design Services to support tenant improvements (TI) at the Town’s Engineering Building.

AMENDMENT

1. Section 2.1 Scope of Services is amended to read:

Consultant shall provide services as described in that certain Cost Proposal sent to the Town on October 10, 2020, which is hereby incorporated by referenced and attached as Exhibit B.

2. Section 2.6 Compensation is amended to read:

Additional compensation for Consultant’s professional services shall be $16,350, for a total agreement not to exceed $165,350.

3. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA

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Cuschieri Horton Architects – First Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
10 October 2020
CHA Add Service 1 - Proposal
1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 10 October 2020
CHA# 1826.01
Matt Morley
Director
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue, Los Gatos, CA 95030
Project / Location:

TLG – Engineering Building TI & Storage Building
41 Miles Avenue, Los Gatos, CA 95030
RE: Additional Services #1 Fee Proposal for Additional Design Services for Fire Water Underground Design Submittal to Connect to the Proposed Storage Building.

Dear Matt,
Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for Fire Water underground work connection to the proposed Storage Building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals, and a result of the Santa Clara County Fire Department Review comments and requirements.

SCOPE OF WORK:

This added scope of work includes:
 Provide plans for a new fire water connection to the proposed Storage Building.  Provide supplemental topographic survey of the area showing existing water features (hydrants and valves), locations of utility vaults, manholes, catch basins and invert information of storm and sanitary sewers, underground utility lines such as gas, water, electric, and any onsite utilities.  Address 2nd review comments relating to the fire water connection to the proposed Storage Building (Civil comments only).

This will require modifications and additional drawings to be issued for the Town of Los Gatos Building Dept for review and approval.

Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work.

ASSUMPTIONS:
 AOR efforts in the coordination and preparation of the Fire Water underground drawing revisions for the proposed Storage Building to be submitted to the Town of Los Gatos Building Department review and approval.
 Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services.  All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Assumptions.

EXCLUSIONS (can be provided as an additional service & billed at current SOC, if needed):
 Preparation of documentation beyond those described above and within this proposal.

EXHIBIT B
DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA

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Cuschieri Horton
Architects APC
Architecture
Planning
Interiors
10 October 2020
CHA Add Service 1 - Proposal
2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200  Additional revisions during CA period.
 All prior exclusions and scope noted within original approved proposal remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Exclusions.

PROFESSIONAL FEES:

Town of Los Gatos Engineering Building TI
and Storage Building
Additional Services #1
Fees
Fire Alarm/Fire Sprinkler/Fire Water
Underground Submittal

CHA – Cuschieri Horton Architects Architectural Design Services $ 8,500 Sandis Fire Water Underground Design
Services
$ 7,850

(Add Services): $16,350

We propose the following CHA Staff and SOC rates for this project:

AGREEMENT FOR SERVICES:

Thank you for your consideration and approval of this additional work. Please call with any questions.

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1700 S. Winchester Boulevard | Campbell, CA 95008 | T: 408.636.0900 | www.sandis.net

SILICON VALLEY TRI-VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF August 12, 2020
Project No. 218290
Dan Cuschieri
Cuschieri Horton Architects
1475 S. Bascom Avenue, Suite 204
Campbell, CA 95008
T: 408.371.8200
E: [email protected]
RE: LOS GATOS ENGINEERING BUILDING TI
ASR #1 – SURVEYING & ENGINEERING SERVICES

LOS GATOS, CA
Dear Dan,
This letter is our amendment to the original proposal dated May 23, 2018, for the above referenced project. The following scope of work is included in this amendment:

SUPPLEMENTAL TOPOGRAPHIC SURVEY $3,600
 Perform a supplemental topographic survey of the area per the attached Exhibit A.  Provide field and office work to produce a supplemental topographic survey at a scale of 1" = 20'.

This survey will show the location of the underground utility locating paint marks. The location of utility vaults, manholes, catch basins and invert information of storm and sanitary sewers will be shown based upon a field survey. The location of underground utility lines such as gas, water, electric, and any onsite utilities will be shown based upon available agency records and mechanical detection of existing utilities.
 Existing water features (hydrants and valves) in the area of the proposed POC will also be documented.
 Mechanical locating services will be provided for detectable utilities using standard locating methods as listed in the California Government Code section 4216 through 4216.9. Depths and sizes of conduits will not be provided unless specifically requested in advance. Empty conduits, irrigation lines, hose bibs and abandoned utilities will also not be located unless specifically requested in advance. A reasonable effort will be made to locate existing subsurface utilities but individual field conditions will dictate the thoroughness of our survey. Only actual excavation will reveal the locations of such utilities.
 We reserve the right to utilize aerial survey techniques if deemed appropriate for scope and site features. Aerial survey will be supplemented with conventional survey for utility information and survey under trees or areas not visible from above. Aerial spot elevations for aerial survey will be shown to an accuracy of ±0.1 (one tenth) of a foot.

ENGINEERING SERVICES $4,250
 Provide a utility plan for a new fire water connection to the proposed structure.  Submit to San Jose Water for review and approval.
 Coordinate with the subconsultants.
 Respond to two (2) rounds of review comments.

DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA

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August 12, 2020
Project No. 218290
Dan Cuschieri
Cuschieri Horton Architects

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1700 S. Winchester Boulevard | Campbell, CA 95008 | T: 408.636.0900 | www.sandis.net

SILICON VALLEY TRI-VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF These services will be provided for the amounts listed above and will be performed under the terms and conditions of our original contract.

Please return one signed copy of this letter to our Campbell office as your authorization to proceed. proceed.

Regards Approved

CUSCHIERI HORTON ARCHITECTS

Stephen Yazalina By:

Project Manager
Title:

Date:

Chad Browning, PE, LEED AP, QSD/P
Associate Principal
Attachments: Exhibit A
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ATTACHMENT 1
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PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 10
DATE: March 10, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Ashron Construction and Restoration, Inc. for Structural Repairs and Waterproofing of the Lot 4 Parking Structure Project (CIP No. 817-0708) in an Amount not to Exceed $179,800 Plus an Additional $20,000 for Unanticipated Repairs for a Total Agreement Amount not to Exceed $199,800 RECOMMENDATION:

Authorize the Town Manager to execute an agreement for services (Attachment 1) with Ashron Construction and Restoration, Inc. for structural repairs and waterproofing of the Lot 4 parking structure project (CIP No. 817-0708) in an amount not to exceed $179,800 plus an additional $20,000 for unanticipated repairs for a total agreement amount not to exceed $199,800.

BACKGROUND:

The Town’s adopted Fiscal Year (FY) 2021/22 Capital Improvement Program Budget designates funding for Town projects, including Project 817-0708, Parking Lot 4 Repair and Waterproofing.

Parking lot 4 is a two-level parking structure constructed nearly twenty-five years ago with no major infrastructure improvements to this facility since then. The concrete deck and columns have deteriorated in several areas exposing structural steel and causing water leakage through the deck and into the lower level. The integrated planter boxes in and around the perimeter of the deck have waterproof membranes that have deteriorated and drainage systems that are failing.

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PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Ashron Construction and Restoration, Inc. in a Total Agreement Amount not to Exceed $199,800
DATE: March 10, 2022
DISCUSSION:

Staff initiated a Request for Proposal (RFP) for repair and waterproofing services on the Lot 4 Parking Structure. Firms were asked to provide their capability and qualifications for the services and to provide costs for performing structural concrete repairs, replacing waterproof membranes in the planters, and painting the vertical exterior surfaces of the parking structure.

The RFP was posted on the Town website and three firms attended the mandatory walkthrough, two of whom submitted proposals, with the results listed on Attachment 2.

Based on the review of the proposals, including reference checks, staff determined that Ashron Construction and Restoration, Inc. is the best qualified and most cost competitive firm to provide the requested repairs. Ashron Construction and Restoration, Inc. is headquartered in Galt and has performed several concrete structural repairs on similar parking structures throughout Northern California.

CONCLUSION:

Authorize the Town Manager to execute an agreement for services with Ashron Construction and Restoration, Inc. for structural repairs and waterproofing of the Lot 4 parking structure project (CIP No. 817-0708) in an amount not to exceed $179,800 plus an additional $20,000 for unanticipated repairs for a total agreement amount not to exceed $199,800.

FISCAL IMPACT:

Lot 4 Parking Structure Project (CIP No. 817-0708) in the FY 2021/22 - 2025/26 has sufficient funds for the contract.

Parking Lot 4 Repair & Waterproofing
Project 817-0708
Budget Costs
GFAR $250,000
Total Budget $250,000
Agreement with this Staff Report (Including Contingency) $199,800 Total Expenditures $199,800
Remaining Budget $50,200

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PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with Ashron Construction and Restoration, Inc. in a Total Agreement Amount not to Exceed $199,800
DATE: March 10, 2022
ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Agreement for Services

2. Bid Proposal Results

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 1
st of March 2022, and is made by and between
TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Ashron Construction and Restoration, Inc. (“Service Provider”), whose address is 9801 Orr Road, Galt, CA 95632. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town posted a Request for Proposals for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.

1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Town desires to engage Service Provider to provide structural repairs, waterproofing and sealing of the Town Lot #4 Parking Structure.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on February 14, 2022 which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. The effective date of this Agreement shall begin April 3, 2022 and will continue through December 31, 2022, subject to appropriation of funds, notwithstanding any other provision in this agreement.

2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1

2.6 Compensation: Compensation for Services shall be $179,800 plus $20,000, for unanticipated repairs, for a total amount not to exceed $199,800 inclusive of all costs.

Payment shall be based upon Town approval of each task.

Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655

2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1
contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.

2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities,

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1
penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1
payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.

4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1

4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.

4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Ashron Construction and Restoration, Inc.
9801 Orr Road
Galt, CA 95632
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.

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Agreement for Services
Ashron Construction and Restoration, Inc.

ATTACHMENT 1
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:

Matt Morley, Director of Parks and Public
Works
Ashron Construction and Restoration, Inc., by:

Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk

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Parking Lot 4 Repair & Waterproofing RFP Bid Proposal Results 2/14/2022 Ashron Construction & Restoration Western Specialty
1 $ 3,200.00
2 $ 2,900.00
3 $ 18,400.00
4 $ 4,000.00
5 $ 4,000.00
6 $ 2,900.00
7 $ 3,900.00
8 $ 16,800.00
9 $ 5,100.00
10 $ 3,000.00
11 $ 5,100.00
12 $ 5,300.00
13 $ 5,100.00
14 $ 5,200.00
15 $ 7,100.00
Concret repair Total $ 92,000.00
R&R Planters $ 57,500.00 $ 259,025.00
Paint walls railings $ 30,300.00 $ 120,000.00
Total $ 179,800.00 $ 379,025.00
ATTACHMENT 2

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PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 11
DATE: March 10, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution for the California Public Employees’ Retirement System to Appoint a Retiree as an Interim Parks and Public Works Director RECOMMENDATION:

Adopt a Resolution for the California Public Employees’ Retirement System to appoint a retiree as an Interim Parks and Public Works Director (Attachment 1).

BACKGROUND:

The Town has an existing agreement with the California Public Employees’ Retirement System (CalPERS) to provide its retirement program to employees. The CalPERS retirement program is governed by Public Employees’ Retirement Law (PERL). PERL contains the rules and regulations that a contracting agency must adhere to related to the hire of a CalPERS retiree, referred to as a retired annuitant. PERL also requires that if a retired annuitant will be rehired into a vacant position while a recruitment for a permanent replacement is taking place, the governing body must approve a resolution appointing the retired annuitant as an interim employee [Gov. Code section 21221(h)].

DISCUSSION:

Recently, Parks and Public Works Director Matt Morley provided his notice of intent to resign from the Town, and his last day of work will be on March 25, 2022. Staff has identified a retired annuitant, Timm Borden through Management Partners to serve in an interim capacity while the recruitment for a permanent replacement takes place. Mr. Borden has served as Interim City Manager for Cupertino from January 2019 to June 2019. Prior to that, he was Cupertino’s Public Works Director for over eight years (December 2010 to January 2019). In addition, he

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PAGE 2 OF 2
SUBJECT: Adopt a CalPERS Resolution
DATE: March 10, 2022
DISCUSSION (continued):
worked over 24 years in the City of San Jose Department of Public Works, and when he left, he was Deputy Director of Public Works (September 1986 to December 2010). He is a qualified professional who works well with staff and the public.

The Town has entered into an agreement with the executive recruitment firm of Teri Black & Co. to facilitate the search for a new Parks and Public Works Director. The typical recruitment timeline to hire an executive position is four months. To allow for uninterrupted time sensitive work in the Parks and Public Works Department and provide for continued support to the Town Manager, Town staff, boards, and commissions, staff is recommending to hire Timm Borden as an Interim Public Works Director until the permanent replacement is hired.

CONCLUSION:

Staff recommends that the CalPERS resolution to appoint Timm Borden to the Interim Parks and Public Works Director position be adopted by Council while the recruitment for a permanent replacement takes place.

FISCAL IMPACT:

It is anticipated that the hire of a retired annuitant will result in overall budget savings given that the retiree will not be eligible for benefits related to permanent employment except the Town’s contribution to Medicare.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. CalPERS Resolution

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RESOLUTION 2021 - XXX

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPOINTING TIMM BORDEN AS INTERIM PARKS AND PUBLIC WORKS DIRECTOR Government Code Section 21221(h)
March 15, 2022
WHEREAS, in compliance with Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the Town of Los Gatos desires to appoint Timm Borden as an interim appointmentretired annuitant to the position of Parks and Public Works Director for the Town of Los Gatos under Gov. Code section 21221(h), effective March 28, 2022; and WHEREAS, the Town of Los Gatos and Timm Borden certify that Timm Borden has not and will not receive a Golden Handshake or any other retirement-relatedincentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointedinto the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on March 15, 2022; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and thereforewill end 12 months from the date of the interim appointment or sooner; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base monthly salary for this position is $18,497.83 and the hourly equivalent is $106.72; the minimum base monthly salary for this position is $13,702.08 and the hourly equivalent is $79.05; and
WHEREAS, the hourly rate paid to Timm Borden will be $106.72; and

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WHEREAS, Timm Borden has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Town Council hereby certifies the nature of the employment of Timm Borden and that this appointment is necessary to fill the critically needed position of Parks and Public Works Director for the Town of Los Gatos by March 28, 2022 due to vacancy and current recruitment for Parks and Public Works Director.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of March 2022, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/15/2022
ITEM NO: 12
ITEM NO: 10
DATE: March 4, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Fee and Fine Schedules for Fiscal Year 2022/23 a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2022/23 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2022/23. b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2022/23 to Continue Certain Department Fines.

RECOMMENDATION:

Fee and Fine Schedules for Fiscal Year (FY) 2022/23
a. Adopt a resolution approving the Comprehensive Fee Schedule for FY 2022/23 to continue certain Department fees, rates, and charges, and amending certain fees, rates, and charges for FY 2022/23.
b. Adopt a resolution approving the Comprehensive Fine Schedule for FY 2022/23 to continue certain department fines.

BACKGROUND:

The Town’s financial policies require that certain fees, rates, and charges for services be maintained to allow for cost recovery based on the actual cost to provide Town services. “Fee” activities are services and functions provided by the Town to individuals who receive some direct material benefit above and beyond services offered to residents at general taxpayer expense. “Fines” are the amounts of the penalties for code violations imposed pursuant to Section 1.30.025 of the Los Gatos Town Code.

Staff periodically reviews the cost of providing such services and recommends appropriate increases in fees when supported by actual cost data. The Town’s last comprehensive cost

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PAGE 2 OF 4
SUBJECT: Fee and Fine Schedule for Fiscal Year 2022/23
DATE: March 15, 2022
BACKGROUND (continued):
allocation and user fee study recommendations were incorporated in the FY 2019/20 Fee Schedule.

The Town has not adjusted its fees since FY 2019/20. Due to the economic impact of the COVID-19 pandemic, the discussion of changes to the Comprehensive Fee Schedule was postponed to a later date. Council did approve one change to the Town’s Comprehensive Fee Schedule at their September 1, 2020, meeting to remove library fines as this provided an immediate operational benefit to the Library Department.

DISCUSSION:

The Comprehensive Fee Schedule allows for an annual adjustment of fees by the average increase in the Consumer Price Index (CPI) for the previous calendar year. The average increase in the CPI for 2019, 2020, and 2021, was 3.2%, 1.7%, and 3.4% respectively, for a cumulative cost of living increase of 8.5% since 2019.

Staff recommends that Council review and choose one of the three CPI scenarios presented in this report. In scenario one, fees are adjusted with the most current 3.4% CPI amount forgoing the 2019 and 2020 CPI increases (see Attachment 1 and its Exhibit A). Scenario two contains a

5.9% CPI increase, which is halfway between the 3.2% and 8.5% (see Attachment 2 and its Exhibit A). Scenario three proposed a full recovery at 8.5% CPI See Attachment 3 and its Exhibit A).

In addition to the proposed CPI changes, the proposed FY 2022/23 Comprehensive Fee Schedule accounts for modifications to fees as explained below:

Administrative Services

1. Credit Card Processing Fee – Proposing 2.4% fee on all transactions to reflect actual costs to the Town.

Development Services

1. Community Benefit – The Town no longer has a Community Benefit Policy so it should be removed from the Fee Schedule.

2. Public Art In-Lieu Fee – At their April 20, 2021, meeting, the Town Council approved a public art funding ordinance (Chapter 25 Article VII) which requires new commercial developments, with some exceptions, to either install public artwork equivalent to 1% of construction valuation or pay that amount into the Town’s Public Art Fund in-lieu of installing public artwork.

3. Street Improvement in-lieu fees – Proposing to increase these two fees to reflect current costs as determined by bids for recent Capital Improvement Program (CIP) projects.

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PAGE 3 OF 4
SUBJECT: Fee and Fine Schedule for Fiscal Year 2022/23
DATE: March 15, 2022
DISCUSSION (continued):

4. Two-unit Housing Development and Urban Lot Split - With the creation of two new application types in the implementation of Senate Bill 9 through Urgency Ordinance 2327, Two-Unit Housing Development and Urban Lot Split, new fees are proposed consistent with existing fees for the Accessory Dwelling Unit application type, which is also a ministerial permit.

5. Other Administrative Fee - The existing 10% Administrative Fee that is included for processing of consultant deposits is added here to provide additional clarity and transparency for applicants.

Parks and Public Works Services

1. Tree Removal Permit Application – Proposing to add a note to this fee indicating that the fee will be waived when the tree removal is done to implement or maintain Defensible Space.

Police Services

1. Massage Permit Fees – State law has created a statewide permitting system administered by the California Massage Therapy Council for issuing massage worker permits. Therefore, the Police Department no longer incurs the costs that the fees in items 10 and 11 were imposed to cover. These fees are proposed to be deleted.

Attachments 1 through 3 contain the three scenarios of the proposed FY 2022/23 Comprehensive Fee Schedules reflecting all Town fees (including proposed changes). An itemized list of recommended FY 2022/23 fee adjustments, reclassifications, and deletions, including those to be adjusted by the three CPI scenarios are reflected in Attachment 4. It should be noted that the majority of proposed adjustments relate to the development activity which was not adversely affected during the pandemic.

The Comprehensive Fine Schedule sets forth the administrative penalty amounts for code violations. Attached for Council reference is an updated FY 2022/23 Comprehensive Fine Schedule (Exhibit A to Attachment 5) reflecting all Town fines. Staff does not recommend any changes to the fines this time.

CONCLUSION:

It is recommended that Town Council approve one of the proposed CPI scenarios to the Comprehensive Fee Schedule (Attachment 1, 2, or 3) and the Comprehensive Fine Schedule effective July 1, 2022 (Attachment 5).

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PAGE 4 OF 4
SUBJECT: Fee and Fine Schedule for Fiscal Year 2022/23
DATE: March 15, 2022
FISCAL IMPACT:

The Town’s financial polices require that fees be maintained to provide for the recovery of costs associated with Town services. The proposed fee adjustments reflect three scenarios to an increase in the CPI, and, therefore, adopting one of them will better represent the cost to deliver services. If approved by the Town Council, staff will incorporate the selected fee changes into the Town’s FY 2022/23 Operating and Capital Budget using conservative development and other activity projections.

COORDINATION:

The preparation of the Fee and Fine Schedules was coordinated with all Town Departments and Offices.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Resolution approving Comprehensive Fee Schedule FY 2022-23, including Exhibit A Proposed FY 2022-23 Comprehensive Fee Schedule – Scenario 1 (Redline)

2. Resolution approving Comprehensive Fee Schedule FY 2022-23, including Exhibit A Proposed FY 2022-23 Comprehensive Fee Schedule - Scenario 2 (Redline)

3. Resolution approving Comprehensive Fee Schedule FY 2022-23, including Exhibit A Proposed FY 2022-23 Comprehensive Fee Schedule - Scenario 3 (Redline)

4. Proposed FY 2022-23 Fee Adjustment, Reclassification, and Deletions

5. Resolution approving Comprehensive Fine Schedule FY 2022-23, including Exhibit A Proposed FY 2022-23 Comprehensive Fine Schedule

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RESOLUTION 2022-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

CONTINUING DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATE, AND CHARGES FOR FY 2022/23

WHEREAS, The Town of Los Gatos follows best municipal financial practices that require the Town to establish and maintain all user charges and fees based on the cost of providing services; and
WHEREAS, the last update of the Town of Los Gatos Comprehensive Fee Schedule was adopted on March 19, 2019; and
WHEREAS, those fees currently in effect will remain in effect without interruption, certain of these shall be increased, and certain new services shall have fees.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:

1. That Resolution 2019-010, “Resolution of the Town Council of the Town of Los Gatos Continuing Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for FY 2019/20” is hereby rescinded; and

2. The Town of Los Gatos Comprehensive Fee Schedule, attached hereto as Exhibit AScenario 1, shall become effective July 1, 2022.

ATTACHMENT 1

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PASSED AND ADOPTED at a regular meeting of the Town Council held on the 15th day of March 2022 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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C A L I F O R N I A
Tow n o f L o s G ato s
Comprehensive Fee Schedule (Redlined)
Fiscal Year 2022/23
ATTACHMENT 1, EXHIBIT A

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule

TOWN OF LOS GATOS FEE SCHEDULE
The following Fee Schedule is effective July 1, 2022 through June 30, 2023, unless updated by the Town Council. The Fee Schedule will be adjusted annually by the average Consumer Price Index (Bureau of Labor Statistics, U.S. Department of Labor for the San Francisco/Oakland/San Jose Metropolitan Statistical Area) for the calendar year and/or by the percentage increase in actual operating costs for the current year – whichever is greater. The average increase in the CPI for 2019, 2020, and 2021, was 3.2%, 1.7% , and 3.4% respectively, for a cumulative cost of living increase of 8.5% since 2019. Fees are adjusted with the most current 3.4% CPI amount forgoing the 2019 and 2020 CPI increases. This Fee Schedule also provides for minimum annual adjustments for those fees that are directly related to personnel costs. Other adjustments may be made to maintain consistency with the surrounding municipalities within the Town of Los Gatos region but in no case are fees charged in excess of service delivery costs.

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule

TABLE OF CONTENTS
Administrative Services......................................................................................................... 1 Attorney Services.................................................................................................................. 3 Development Services
General Development Fees ............................................................................................................ 4 Building Division Fees ..................................................................................................................... 6 Building Permit Fees....................................................................................................................... 6 Electrical Permit Fees...................................................................................................................... 9 Mechanical Permit Fees................................................................................................................ 11 Plumbing Permit Fees................................................................................................................... 12 Other Fees..................................................................................................................................... 13 Planning Division Fees......................................................................................................……………14 Zoning Approvals .......................................................................................................................... 15 Subdivisions .................................................................................................................................. 18 Miscellaneous Application Fees.................................................................................................... 19 Environmental Assessment Fees.................................................................................................. 19 Other Fees..................................................................................................................................... 21 Engineering Division Fees............................................................................................................. 22 Library Services ................................................................................................................... 27 Parks and Public Works Services
Parks Division Fees........................................................................................................................ 28 Oak Meadow Park Fees ................................................................................................................ 28 Creekside Sports Park Fees........................................................................................................... 29 Belgatos, Blossom Hill, La Rinconada, and Live Oak Manor Park Fees......................................... 29 Town Plaza Use Permit ................................................................................................................. 30 Turf Maintenance Fee................................................................................................................... 30 Tree Related Fees.......................................................................................................................... 31 Equipment Hourly Rates............................................................................................................... 31 Street Division Fees....................................................................................................................... 32 Police Services..................................................................................................................... 33 Parking Permit Fees...................................................................................................................... 34

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 1

ADMINISTRATIVE SERVICES
Town Facilities Use
Town approved non-profit fundraising activities are allowed in/on Town facilities with an appropriate permit, or license issued by the Town, or provided in an agreement or Conditional Use Permit with the Town. Private events are not allowed in the Council Chambers with the exception of approved events hosted by the tenants of 106 and 108 East Main Street as stated in tenant lease agreements. The available Town facilities are listed below:
• Civic Center Lawn, Deck and Stairs
• Civic Center West Patio
• Council Chambers
• Council Chambers Lobby (as a stand-alone facility)
• Civic Facilities Conference and Meeting Rooms
Copy and Printing Charges
Special Events
1 Fee for Town Hall Facilities Use Non Profit: $0.00 per hour 2 Building Attendant $20.00 per hour
3 Copy of Town Code Actual Cost
4 8 1/2 x 11 and 8 1/2 x 14 $.25 per page
5 11 x 17 $.35 per page
6 Oversized or Large Productions Actual Cost
7 Annual Subscription for Town Code Supplements Actual Cost 8 Copying of Zoning Ordinance Actual Cost
9 Annual Subscription for Zoning Ordinance
Supplements Actual Cost
10 Certification of Town Records $2.00
11 Annual Financial Report Actual Cost
12 Annual Budget Actual Cost
13 Capital Improvement Plan Actual Cost
14 Special Event Application Fee, For-Profit New Event $910.00 Repeat Event $680.00
15 Special Event Application Fee, Not-For Profit New Event $227.00 Repeat Event $170.00
16 Special Event Road Closure Review Fee $225.00
17 Block Party Permit $55.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 2

ADMINISTRATIVE SERVICES
Business License
Other Services
18 Business License Processing Fee - New Out of Town $20.00 In Town $40.00
19 Business License Processing Fee - Renewal Out of Town and In Town $30.00 20 Compact Disk or Tape of Council and Planning
Commission Meetings (plus actual mailing costs, if
applicable)
$20.00 per DVD for meetings under 2
hours
$30.00 per DVD for meetings over 3
hours
21 Copy - Digital $10 per device
22 Initial Returned Check Fee $25.00
23 Subsequent Return Check Fees [CA Civil Code Section
1719(a) (1)] $35.00
24 Election Filing Fee $25.00
25 Credit Card Processing Fee for all transactions above $30.00 2.40%
26 Request for Service Not Covered by any Other Fee
Fully allocated hourly rates for all
personnel

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 3

ATTORNEY SERVICES
1 Conditions, Covenants & Restrictions (CC&R) Review
and Approval
Fully allocated hourly rates for all
personnel
2 Simple Covenant/Deed Restriction Fully allocated hourly rates for all personnel
3 Subdivision Improvement Agreements Fully allocated hourly rates for all personnel
4 Encroachment Agreements Fully allocated hourly rates for all personnel
5 Miscellaneous (Legal Agreements, Real Property, etc.) Fully allocated hourly rates for all personnel

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 4

DEVELOPMENT SERVICES
General Development Fees
Reports, Agendas, and Minutes
1 Reproduction (sent out) plus actual mailing costs, as applicable. Maps, plans, etc. (larger than 11" x 17")
Actual Cost - sent to San Jose
Blueprint
2 Data Duplication service and fee for partial or full
copies of each digital standard Town data file on onetime request basis. 8 1/2" x 11" copy, standard $.25 per page
3 Document Storage Fee - Laserfiche Actual Cost
4 Duplicate Plans Set $154.00/hr. (1/2 hr. minimum)
5 Research Records Charge for Staff Research beyond
30 minutes
Fully allocated hourly rate for all
personnel
6 Address Processing Fee - per address $160.00 $165.00
7 Computer Surcharge on all
Building/Plumbing/Mechanical/Electrical/Grading/En
croachment/Planning Permits/Applications and any
other Permits/ Applications except Park
Permit/Applications
4% of development application fee
8 Engineering Development Review Service Fee -
Building Permit and Building Plan Check*
5% of permit or plan check
9 Request for Service Not Covered by Any Other Fee Actual Cost 10 Pre-application Conference Fee Courtesy meeting
11 Applications for Work Unlawfully Completed Double current application fee 12 BMP Document Processing Fee $575.00 $595.00
13 Community Benefit No standard schedule, as offered and applied per project
13 Public Art In-Lieu Fee 1% of building permit valuation *These fees are applied to permits or plan checks that require engineering services. 14 Development Review Committee Agendas $37.00
15 Planning Commission Agendas $25.00
16 Planning Commission Minutes Actual Cost
17 Plan Copies - microfiche or other reprints sent to an outside firm
$31.00 plus costs
18 Plan Copies - blueprint reproduction in house $3.00 per page 19 Copy of Subdivision Ordinance $26.00
20 General Plan (including maps) $26.00
21 Hillside Specific Plan $5.80
22 Hillside Development Standards and Design
Guidelines
$19.45

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 5

DEVELOPMENT SERVICES
Reports, Agendas, and Minutes (continued)
Landscape
Final occupancy clearance (new construction or remodel) Basis:

Development Review Committee Meetings – 1.5 hrs. (estimate) Site Visits – 4.0 hrs. (estimate)
Review Plan – 4.0 hrs. (estimate)
*Note: Time spent over and above the initial application fee will be billed at the current employee billing rate plus equipment hourly rate.

Annexation Fees
Any remaining deposit will be refunded to the applicant and amounts exceeding the deposit amount will be paid by applicant.
23 Commercial Design Guidelines $20.50
24 Subdivision Ordinance $26.00
25 General Plan/Zoning Maps (24" x 36") - Black & White $9.00 26 General Plan/Zoning Maps (24" x 36") - Color $42.00
27 Blossom Hill Open Space Study $14.00
28 Commercial Specific Plan Report $12.00
29 Residential Design Guidelines $21.50
30 Housing Element Technical Appendix $24.75
31 2015-2023 Housing Element $39.00
32 Los Gatos Boulevard Plan $9.50
33 North Forty Specific Plan (adopted June 2015) $45.25 34 Park Staff Time Spent for Major Development
Applications
$543.00*
35 1 Lot $3,010.00 $3,112.00*
36 2 Lots $1,505.00 $1,556.00*
37 3 Lots $1,005.00 $1,039.00*
38 4 Lots $755.00 $781.00*
39 5 Lot or more $600.00 $620.00*
*Annexation Advertising Deposit (varies as to size of map) - $1,000.00 to $2,200.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 6

DEVELOPMENT SERVICES
Seismic Hazards Mapping Program Fee (SMIP)
For residential construction of three stories and less (Category 1), the permit fee is $13.00 per $100,000. For all other construction (Category 2), the permit fee is $28.00 per $100,000. This fee is required by the State of California to identify and map zones of particular seismic hazards.

Five percent of the fee is retained by the Town to be used solely for earthquake preparedness.

Capital Improvement Tax (Construction)
Based on $0.18 for each square foot of building addition or alteration, which increases floor area of an existing building.

Underground Utility Tax (Utilities)
Based on $0.18 for each square foot of building addition or alteration, which increases floor area of existing building.

Park Fund Tax (Parks)
Based on $0.04 for each square foot of building addition or alteration, which increases floor area of an existing building.

Building Division
Building Permit Fees
Building Permit Fees for New Construction and Addition
The fee for each building permit shall be based upon the 1997 Uniform Building Code as amended by the 2010 California Building Code.

A building valuation regional modifier of 2.32 shall be used in conjunction with the Building Valuation Data provided in the publication, Building Valuation Data, published by the International Code Council – February 2012. Hillside Homes shall use a modifier of 3.246 and Commercial Office Tenant Improvements shall use a modifier of 1.16. The Building Valuation Data will be increased yearly by the Engineering News Record (ENR) Annual Building Cost Index (BCI) for every year thereafter.
40 Fee for issuing/reinstating a Building Permit $55.00 $57.00 41 Additional Building Permit Fee $30.00 $31.00
42 Demolition Permit Residential: $265.00 $274.00
Commercial: $465.00 $481.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 7

DEVELOPMENT SERVICES
Building Permit Fees for New Construction and Addition
Total Valuation Fee
43 $1.00 to $500.00 $32.99 $34.00
44 $501.00 to $2,000.00 $32.99 $34.00 for the first $500.00 plus $4.28 $4.42 for each additional
$100.00 or fraction thereof, to and
including $2,000.00
45 $2,001.00 to $25,000.00
$97.23 $101.00 for the first $2,000.00
plus $19.66 $20.29 for each
additional $1,000.00 or fraction
thereof, to and including $25,000.00
46 $25,001.00 to $50,000.00
$549.32 $568.00 for the first
$25,000.00 plus $14.18 $14.63 for
each additional $1,000.00 or fraction
thereof, to and including $50,000.00
47 $50,001.00 to $100,000.00
$903.83 $935.00 for the first
$50,000.00 plus $9.83 $10.14 for
each additional $1,000.00 or fraction
thereof, to and including $100,000.00
48 $100,001.00 to $500,000.00 $1,395.23 $1,443.00 for the first $100,000.00 plus $7.86 $8.11 for
each additional $1,000.00 or fraction
thereof, to and including $500,000.00
49 $500,001.00 to $1,000,000.00 $4,540.19 $4,695.00 for the first $500,000.00 plus $6.67 $6.88 for
each additional $1,000.00 or fraction
thereof, to and including
$1,000,000.00
50 $1,000,001.00 and over $7,874.69 $8,142.00 for the first $1,000,000.00 plus $4.42 $4.56 for
each additional $1,000.00 or fraction
thereof

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 8

DEVELOPMENT SERVICES
Building Permit Fees for Remodels, Alterations, and Repairs The Building Official shall establish the valuation of said improvements, and fees will be assessed as per Valuation Schedule above.

Special Services & Inspections
Plan Review Fee
A plan review fee shall be charged at the time of filing application. This fee is separate from and shall be in addition to the building permit fee. This fee is calculated at sixty-five percent (65%) of the building permit fee as per the valuation schedule starting on page 6.

Other Miscellaneous Factors to Determine Construction Valuation 51 Inspection outside normal business hours (4 hr.
minimum)
$192.00/hr. $199.00/hr.
52 Re-inspection fees $160.00/hr. $165.00/hr.
53 Inspections for which no fee is specifically indicated (2 hr. minimum)
$160.00/hr. $165.00/hr.
54 Additional plan review required by changes, additions or revisions to plans (1 hr. minimum)
$152.50/hr. $158.00/hr
55 For use of outside consultants for plan checking
and/or inspections Actual Cost
56 Services for which no fee is specifically indicated (1/2 hr. minimum)
$160.00/hr. $165.00/hr.
57 Permit/Plan check time extension (per permit)
(applies to permits that have not expired)
$78.00 $81.00
58 Express plan review or initial review (1 hr. minimum) $160.00/hr. $165.00/hr. 59 Application for the Appeals Building Board Review $273.00 $282.00 60 Temporary Certificate of Occupancy $1,095.00 $1,132.00 61 Convert Garage to habitable space $117.00/sq. ft. $121.00/sq.ft. 62 Convert unfinished basement or attic to habitable $127.00/sq. ft. $131.00/sq.ft. 63 Pools/Spas (gunite) $76.00/sq. ft. $79.00/sq.ft.
64 Siding - aluminum/vinyl/wood $32.00/sq. ft. $33.00/sq.ft. 65 Antennas & Towers Const.Value As Applied under
valuation schedule on page 6
66 Commercial Awning or Canopy Aluminum $32.00/sq. ft. $33.00/sq.ft.

Canvas $24.00/sq. ft. $25.00/sq.ft.

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 9

DEVELOPMENT SERVICES
Other Miscellaneous Factors to Determine Construction Valuation (continued) Special Systems Fees
Electrical Permit Fees
Plan Review & Re-inspection Fees
67 Fence or Freestanding Wall (over 6" high) Wood or metal $49.00/lf. $51.00/sq.ft.

Masonry $85.00/lf. $88.00/sq.ft.
68 Decks/Balcony $47.00/sq. ft. $49.00/sq.ft.
69 Wood Deck $20.00/sq. ft $21.00/sq.ft.
70 Re-roofs $3.00/sq. ft.
71 Retaining Walls $107.00/lf. $111.00/sq.ft.
72 Emergency generation, wind power, special HVAC
systems, etc.

Plan Review (1 hr. minimum)
$152.50/hr. $158.00/hr.

Field Inspection (2 hr. minimum)
$160.00/hr. $165.00/hr.
73 Photovoltaic - Roof & Ground Mounted - Residential Plan Review (1/4 hr. minimum) $152.50/hr. $158.00/hr.

Field Inspection (1 hr. minimum)
$160.00/hr. $165.00/hr.
74 Photovoltaic - Roof & Ground Mounted - Commercial Plan Review (1 hr. minimum) $152.50/hr. $158.00/hr.

Field Inspection (2 hr. minimum)
$160.00/hr. $165.00/hr.
75 Fee for issuing/reinstating an Electrical Permit $55.00 $57.00 76 Additional Electrical Permit Fee $25.00 $26.00
77 New Residential Construction (new buildings only,
including garages)
$.11 sq. ft
78 Commercial Construction $.08 sq. ft
79 Plan review fee 25% of Electrical Permit Fee
80 Additional plan review $152.50/hr. $158.00/hr.
81 Re-inspection fee $160.00/hr. $165.00/hr.

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 10

DEVELOPMENT SERVICES
System Fee Schedule
For alterations to existing pools, use Unit Fee Schedule fees listed on page 10.

Unit Fee Schedule
82 Private swimming pools $63.00 $65.00
83 Public swimming pools $114.00 $118.00
84 Temporary power poles $78.00 $81.00
85 Temporary distribution system & temporary lighting $38.00 $39.00 86 Installation of illuminated signs (each) $101.00 $104.00 87 Receptacle, switch and lights $2.00
88 Residential appliances/new circuits (cook top, oven, range, disposals, clothes dryers, or other motor
operated appliances not exceeding one horsepower)
$6.00
89 Nonresidential appliances/new circuits (medical &
dental devices, food, beverage, drinking fountains,
laundry machines, or other similar equipment) NOTE:
for other types of air conditioners and other motordriven appliances having larger electrical ratings, see Generators/Motors
$8.00
90 Photovoltaic system (residential) $90.00
91 Solar systems (including controls) $90.00
92 Power apparatus (generators, transformers, A/C, heat pumps, baking equipment)
Up to 10 KV, each $16.00 $17.00
Over 10 KV not over 50 KV, each
$32.00 $33.00
Over 50 KV and not over 100 KV, each
$63.00 $65.00
Over 100 KV, each $84.00 $87.00
93 Motors Up to 10 hp $16.00 $17.00
Up to 25 hp $32.00 $33.00
Up to 55 hp $63.00 $65.00
Over 55 hp $92.00 $95.00
94 Transformers Up to 5 KVA $16.00 $17.00
Up to 10 KVA $32.00 $33.00
Up to 50 KVA $53.00 $55.00
Over 50 KVA $77.00 $80.00
95 Busways/conduits (per 100 ft) $8.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 11

DEVELOPMENT SERVICES
Unit Fee Schedule (continued)
Other Electrical Fees
Mechanical Permit Fees
Plan Review & Re-inspection Fees
Unit Fee Schedule
96 Service equipment 200 amps or less $78.00 $81.00
201 to 999 amps $108.00 $112.00
Sub-panels $38.00 $39.00
97 Installation of spas or saunas $38.00 $39.00
98 Duplicate job card $25.00 $26.00
99 Permit extension (applies to permits that have not
expired)
$78.00 $81.00
100 Fee for issuing/reinstating a Mechanical Permit $55.00 $57.00 101 Additional Mechanical Permit Fee $25.00 $26.00
102 New Residential Construction (new buildings only,
including garages)
$.11 sq. ft
103 Commercial Construction $.08 sq. ft
104 Plan review fee 25% of Mechanical Permit Fee
105 Additional plan review $152.50/hr. $158.00/hr.
106 Re-inspection fee $160.00/hr. $165.00/hr.
107 Installation, of each heating system, A/C, boiler,
compressor or air handler
$38.00 $39.00
108 Each duct repair or alteration $11.00
109 Each fireplace appliance $32.00 $33.00
110 Each ventilating fan $11.00
111 Installation of separate flue or vents not included with the installation of an appliance
$11.00
112 Installation of each hood with mechanical exhaust Residential $32.00 $33.00 Commercial $114.00 $118.00
113 Each new or repair of gas piping system $70.00 $72.00 114 Each additional gas outlet $23.00 $24.00
115 Installation of evaporative cooler $32.00 $33.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 12

DEVELOPMENT SERVICES
Other Mechanical Fees
Plumbing Permit Fees
Plan Review & Re-inspection Fees
System Fee Schedule
Unit Fee Schedule
116 Duplicate job card $25.00 $26.00
117 Permit extension (applies to permits that have not
expired)
$78.00 $81.00
118 Fee for issuing/reinstating a Plumbing Permit $55.00 $57.00 119 Additional Plumbing Permit Fee $25.00 $26.00
120 New Residential Construction (new buildings only,
including garages)
$.11 sq. ft
121 Commercial Construction $.08 sq. ft
122 Plan review fee 25% of Plumbing Permit Fee
123 Additional plan review $152.50/hr. $158.00/hr.
124 Re-inspection fee $160.00/hr. $165.00/hr.
125 Private swimming pools (including heater, water
piping, gas piping)
$92.00 $95.00
126 Public swimming pools (including heater, water
piping, gas piping)
$138.00 $143.00
127 Lawn sprinkler system on one meter $38.00 $39.00
128 Each new or repair of gas piping system $70.00 $72.00 129 Each drainage, sewer system $38.00 $39.00
130 Radiant floor heating system $114.00 $118.00
131 Each plumbing fixture or trap or set of fixtures on one trap
$11.00
132 Each sewer cleanout, backflow device $11.00
133 Each septic system abatement $114.00 $118.00
134 Rainwater systems - per drain (inside building) $11.00 135 Each water heater, water softener $32.00 $33.00
136 Each grease interceptor (750 gallon capacity) $78.00 $81.00 137 Each grease trap (1-4 fixtures) $44.00 $45.00
138 Residential water re-piping $114.00 $118.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 13

DEVELOPMENT SERVICES
Unit Fee Schedule (continued)
Other Plumbing Fees
Other Building Fees
State of California Title 24 Part 2 Energy and Accessibility Code and Regulation Plan Review and Inspection Fees
A surcharge shall be added to the building permit fee for the cost to plan review and inspect for compliance with State of California Title 24 Regulations. This fee is calculated at fifteen percent (15%) of the building permit fee. This fee is applied whenever a plan review is assessed.

State of California Mandated Building Standards Fee – SB 1473 A surcharge shall be added to all building permits at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, with appropriate fractions thereof, but not less than one dollar ($1). These funds will be available to the California Building Standards Commission, the Department of Housing and Community Development, and the Office of the State Fire Marshall for expenditure in carrying out the provisions of the State Building Standards Law and provisions of State Housing Law that relate to building standards. Up to ten percent (10%) shall be retained for related administrative costs and for code enforcement education.
139 Each ejector/sump pump $38.00 $39.00
140 Each vacuum breaker/hose bib $11.00
141 Each water piping system repair or replacement $24.00 $25.00 142 Each additional gas outlet $24.00 $25.00
143 Duplicate job card $25.00 $26.00
144 Permit extension (applies to permits that have not
expired)
$78.00 $81.00
145 Duplicate Inspection Card $30.00 $31.00
146 NPDES Inspection Fee (Charged on all building
permits with the potential to generate non-point
source storm water runoff during construction)
$70.00 $72.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 14

DEVELOPMENT SERVICES
Planning Division
The fees listed below constitute all fees imposed by the Planning Division. Certain types of applications must be reviewed / processed by other departments/agencies, which may impose separate fees. Applicants are advised that the fees for those services are not included in the Planning Department's fees. Where the term "actual cost" is used here, it shall mean:
materials, supplies (including any costs of noticing or publication), outside consultants, employee cost will be billed at the top step, plus benefits, plus overhead. The following fee schedule is established for applications filed pursuant to the Town Code. The fees are collected by the Community Development Department at the time the application is filed unless otherwise noted.
• Fees for Additional Processing - In the event additional processing services by the Town are required due to changes, modifications, additions, errors, omissions, or discrepancies caused by the applicant or his/her agents or representatives, the applicant shall pay an additional fee as determined by the Director of Community Development to cover the actual cost.
• Fees for Lack of Progress - If additional information is required by the Town for an application and the requested information is not submitted within 180 days, the applicant will be required to pay a fee of 10 percent of the current application fee at the time the requested information is submitted. Any re-submittal after one year will be processed as a new application, subject to new fees.
• Fees for Major Projects - If it is anticipated that the application processing costs of selected major projects will significantly exceed the following fees, the Director of Community Development may collect a deposit and charge actual time spent to process the applications based upon current hourly rates.
• Surcharges - All of the following applications are subject to the surcharge fees as set forth in General Development Services and in the Zoning Research section of Planning Division.

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 15

DEVELOPMENT SERVICES
Zoning Approvals - Architecture and Site Applications – Development Review Committee (DRC) Approval
Zoning Approvals – Architecture and Site Applications – Planning Commission Approval 147 New single family detached (HR and RC zones) $8,978.00 $9,283.00 Engineering Development Review Service Fee $4,151.00 $4,292.00 148 New non-custom single family detached (HR and RC
zones) per unit/model, as part of a Planned
Development**
$6,235.00 $6,447.00
Engineering Development Review Service Fee $4,148.00 $4,289.00 149 New single family or two family units $6,187.00 $6,397.00 Engineering Development Review Service Fee $4,149.00 $4,290.00 150 New single family or two family (any other zone) per unit/model new nonresidential or multiple family per
building as part of a Planned Development**
$4,421.00 $4,571.00
Engineering Development Review Service Fee $4,153.00 $4,294.00 151 Minor projects (a development proposal that does not significantly change the size, mass, appearance or
neighborhood impact of a structure, property or
parking lot
$2,243.00 $2,319.00
Engineering Development Review Service Fee $3,186.00 $3,294.00 152 Supplemental fee DRC applications as determined
with fee #146 or minor residential development
applications or applications that are part of a Planned Development that require Planning Commission
approval
$3,168.00 $3,276.00
Engineering Development Review Service Fee $1,157.00 $1,196.00 153 New two family unit $9,437.00 $9,758.00
Engineering Development Review Service Fee $4,151.00 $4,292.00 154 New nonresidential (includes conceptual Planned
Development elevations)
$10,832.00 $11,200.00
Engineering Development Review Service Fee $4,151.00 $4,292.00 155 New multiple family (includes conceptual Planned
Development elevations)
$9,847.00 $10,182.00
Engineering Development Review Service Fee $4,149.00 $4,290.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 16

DEVELOPMENT SERVICES
Zoning Approvals – Architecture and Site Applications – Planning Commission Approval (continued)
Conditional Use Permits
Rezoning (other than Planned Development)
156 All other (i.e. exceed FAR, major grading, etc.) $5,491.00 $5,678.00 Engineering Development Review Service Fee $4,151.00 $4,292.00 **Any changes proposed to model homes, nonresidential, or multiple family buildings, a supplemental fee shall be based on a time and materials basis to review the changes. *Aside from the fees noted above, no additional Architecture and Site application fees will be assessed for projects that involve a historic structure or site. 157 Conditional Use Permit $6,351.00 $6,567.00
Engineering Development Review Service Fee $1,351.00 $1,397.00 158 Conditional Use Permit (when consolidated with
another application for new development)
$1,056.00 $1,092.00
Engineering Development Review Service Fee $774.00 $800.00 159 Conditional Use Permit for Minor Restaurant (DRC
Approval)
$3,865.00 $3,996.00
Engineering Development Review Service Fee $1,160.00 $1,199.00 160 Conditional Use Permit for Major Restaurant (PC
Approval) Tier 1
$6,351.00 $6,567.00
Engineering Development Review Service Fee $1,736.00 $1,795.00 161 Conditional Use Permit for Major Restaurant (PC
Approval) Tier 2 includes alcohol and/or
entertainment (must pay #159 below with this
application)
$7,506.00 $7,761.00
Engineering Development Review Service Fee $1,735.00 $1,794.00 162 Applications that require Town Council Approval
(these fees supplement the above established fees)
$3,012.00 $3,114.00
Engineering Development Review Service Fee $1,158.00 $1,197.00 Transcription of Planning Commission
minutes - Actual cost and minimum
$500.00 deposit
163 Without General Plan or Specific Plan Amendment Actual Cost ($5,000.00 minimum) 164 With General Plan or Specific Plan Amendment Actual Cost ($7,000.00 minimum) 165 Transcription fee of Planning Commission minutes Actual Cost and minimum $500.00 deposit

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 17

DEVELOPMENT SERVICES
Planned Development
Planning Division Certificates of Use and Occupancy
Sign Application
Administrative Land Use Permit
166 Without General Plan or Specific Plan Amendment Actual Cost 167 Without General Plan or Specific Plan Amendment
(HR or RC Underlying Zone)
Actual Cost
168 With General Plan or Specific Plan Amendment Actual Cost 169 With General Plan or Specific Plan Amendment (HR or RC Underlying Zone)
Actual Cost
170 Town Council Modification to a Planned Development Actual Cost ($5,000.00 minimum) 171 DRC Modification to a Planned Development Actual Cost ($3,000.00 minimum) 172
173 Transcription fee of Planning Commission minutes Actual Cost and minimum $500.00 deposit
Publication costs for the planned development ordinance shall be paid by the applicant 174 Change of use $230.00 $238.00
175 Change of occupancy (excluding change of proprietor of a continuing business enterprise)
$155.00 $160.00
176 Use/occupancy clearance if Conditional Use Permit is required or occupancy of a new accessory dwelling
unit
No fee
177 New permanent sign $310.00 $321.00
178 Temporary nonresidential sign $99.00 $102.00
179 Change of face only $155.00 $160.00
180 Sign program $2,075.00 $2,146.00
181 Minor telecommunications facility (i.e. microcell,
8,021 lb. or equivalent)
$1,535.00 $1,587.00
182 Major telecommunications facility which do not
require a Conditional Use Permit
$3,681.00 $3,806.00

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 18

DEVELOPMENT SERVICES
Other Zoning Approvals Fees
Subdivisions
183 Variance $4,671.00 $4,830.00
Engineering Development Review Service Fee $1,351.00 $1,397.00 184 Minor Residential Development (see #151) $2,243.00 $2,319.00 185 Agricultural Preserve Withdrawal $3,810.00 $3,940.00 186 Hazardous Materials Storage Facility Application Fully allocated rate of all personnel, plus noticing fees
187 Home Occupation Permit $155.00 $160.00
188 Accessory Dwelling Unit $1,340.00 $1,386.00
189 Two-Unit Housing Development $1,340.00
190 Urban Lot Split $1,340.00
191 Mobile Home Park Conversion Permit Fully allocated rate of all personnel with initial deposit of $5,000.00
192 General Plan/Town Code Amendments Fully allocated rate of all personnel with initial deposit of $5,000.00 plus
additional fees
193 Lot Line Adjustment (DRC Approval) $2,128.00 $2,200.00 Engineering Development Review Service Fee $3,571.00 $3,692.00 194 4 Lots or Less (DRC Approval) $8,575.00 $8,867.00
Engineering Development Review Service Fee $3,960.00 $4,095.00 195 4 Lots or Less (as part of a Planned Development)
(DRC Approval)
$3,541.00 $3,661.00
Engineering Development Review Service Fee $4,153.00 $4,294.00 196 5 Lots or More $9,660.00 $9,988.00
Engineering Development Review Service Fee $5,115.00 $5,289.00 197 5 Lots or More (as part of a Planned Development)
(DRC Approval)
$4,152.00 $4,293.00
Engineering Development Review Service Fee $5,118.00 $5,292.00 198 Vesting Tentative Map (VTM) Actual Cost plus $500.00 deposit and additional fees
199 Lot Merger and Reversion to Acreage (DRC Approval) $1,055.00 $1,091.00 Engineering Development Review Service Fee $3,570.00 $3,691.00 200 Condominium $7,445.00 $7,698.00
201 Condominium (as part of a Planned Development) $3,541.00 $3,661.00 Certificate of Compliance (DRC Approval) $3,076.00 $3,181.00 Engineering Development Review Service Fee $2,219.00 $2,294.00 202

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 19

DEVELOPMENT SERVICES
Subdivisions (continued)
Miscellaneous Application Fees
Environmental Assessment Fees
203 VTM applications that require Town Council approval, Subdivision and/or DRC applications that require
Planning Commission approval. This fee supplements
the above-established fees.
$2,824.00 $2,920.00
204 Time Extensions to Approved Application 50% of current fee (excluding fees based on actual cost)
205 Modification to Approved Application 75% of current fee (excluding fees based on actual cost)
206 Conceptual Development Advisory Committee Review $2,966.00 Special Noticing - Actual Cost
(minimum $500.00 deposit)
207 Push Cart Permit $492.00 $509.00
Auto Dealer Events Smaller Promotional Events $82.00
$85.00
Large Promotional Events $401.00
$415.00
209 News rack Permit Fee $390.00 $403.00
210 Firearms Dealer Permit (Town Ordinance 2217 dated
6/17/2013)
Fully allocated hourly rate of all
personnel plus any necessary outside
costs and initial $2,000.00 deposit
208
211 Categorical Exemption No fee
212 Initial Study Deposit*** Fully allocated hourly rate of all personnel with initial $5,000.00
deposit
213 Draft Initial Study Review Fee (or actual cost if part of a Planned Development, General Plan and/or Town
Code Amendment
$2,786.00 $2,881.00
Engineering Development Review Service Fee $1,931.00 $1,997.00 214 Environmental Impact Report Consultant's fee

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Town of Los Gatos FY 2022-2023 Comprehensive Fee Schedule 20

DEVELOPMENT SERVICES
Environmental Assessment Fees (continued)
Surcharges
Appeals
215 Draft EIR Review Fee Fully allocated hourly rate of all personnel plus any necessary outside
costs
216 Impact Monitoring Program (AB3180) Fully allocated hourly rate of all personnel plus any necessary outside
costs
***The $5,000 fee is a deposit only. The specific cost of the Initial Study and any required special studies shall be borne by the applicant. The deposit shall be increased before the Town will authorize work exceeding the amount on deposit. Any deposit balance will be refunded. 217 General Plan update surcharge .5% of building valuation for new construction and additions/10% of
zone change and subdivision fee
218 Advanced Planning projects 10% of application fee
219 Administrative Fee 10% of development application fee 220 Fee to appeal Planning Commission decision to Town
Council
Per Residential $438.00 $453.00
Per Commercial, multi-family or
tentative map $1,763.00 $1,823.00
221 Fee to remand applications from Town Council to
Planning Commission
Fully allocated hourly rate for all
personnel plus additional fees
222 Fee to appeal Director of Community Development or
Development Review Committee decision to Planning
Commission
Per Residential $221.00 $229.00
Per Commercial $882.00 $912.00
223 Tree appeals $90.00 $93.00
224 Appeal transcription fee of Planning Commission
minutes (only applies to appeals from Planning
Commission to Town Council)
Actual Cost - minimum $500.00
deposit

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Los Gatos City CouncilMarch 15, 2022

Los Gatos City Council
March 15, 2022