Agenda packet — Los Gatos City Council, May 3, 2022 (part 1 of 3)

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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

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
MAY 03, 2022

TELECONFERENCE
7:00 P.M.

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
MAY 03, 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://losgatoscagov.zoom.us/j/81818989940?pwd=WjBHcG1XMWNsVmd3Y2tlTlcrbUJsdz09. Passcode:
291825. You can also type in 833 8255 3535 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. Building Safety Month Proclamation
ii. National Public Works Week Proclamation
iii. Municipal Clerks Week Proclamation

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 Minutes of the April 19, 2022 Town Council Meeting.

2. 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.

3. Appoint Vice Mayor Ristow to the Senior Service Committee to Replace Mayor Rennie.

4. Adopt an Ordinance Amending Chapter 15 (Motor Vehicles and Traffic), Article I and Article IV, Division I of the Town Code Regarding Parking Meter Zones.

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5. Adopt an Ordinance Amending Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs.

6. Adoption of an Ordinance Amending Chapter 29 of the Los Gatos Town Code Regulating Tree Protection.

7. Authorize the Town Manager to Execute a Second Amendment to an Agreement for Consultant Services with Walter Levison, Arborist for Two Months.

8. Authorize the Town Manager to Execute a First Amendment to an Agreement for Consultant Services with Monarch Consulting Arborists LLC for Two Months.

9. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2022/23 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017.

10. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush.

11. Authorize the Town Manager to Execute a First Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program.

12. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2021/22 in an Amount of $25,000 for a Total Annual Amount Not to Exceed $125,000, for a Total Agreement Amount Not to Exceed $966,000.

13. Landscape and Lighting Assessment Districts 1 & 2
a. Adopt a Resolution (Attachment 1) Approving the Engineer’s Report (Attachment 8) for Fiscal Year 2022/23.
b. Adopt a Resolution (Attachment 2) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. c. Adopt a Resolution (Attachment 3) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone.
d. Adopt a Resolution (Attachment 4) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone.
e. Adopt a Resolution (Attachment 5) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. f. Adopt a Resolution (Attachment 6) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. g. Adopt a Resolution (Attachment 7) of intention to Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone.
h. Set June 21, 2022 as the Date for the Public Hearing to Consider Protests for the Levy and Collection of Assessments.

14. Authorize the Town Manager to Execute On-Call Traffic Engineering Consultant Services Agreements for Pass-Through Accounts with Advanced Mobility Group, Fehr and Peers, Hexagon Transportation Consultants, Inc., Kimley-Horn Associates, Inc., TJKM Transportation Consultants, and W-Trans.

15. Approve an Amendment to the Classification Plan to Create a Flexibly Staffed Communications Dispatcher Job Series.

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

16. Receive the Results of the Community Survey and Provide any Direction to Staff.

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: 05/03/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
April 19, 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, April 19, 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
Josh Selo, West Valley Community Services, gave a presentation of the services offered by the non-profit and Sketch Salazar shared her experience as a client.

CLOSED SESSION REPORT
Robert Schultz, Interim Town Attorney, stated Council met in closed session on April 12, 2022, as duly noted on the agenda and that there is no reportable action.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Ristow stated she met with cannabis consultant HdL Companies; interviewed by Saratoga High School students; and attended Santa Clara Valley Water District (SCVWD) Board meeting, Islamic Center community iftar with Council Member Sayoc and Mayor Rennie, and Rotary speaker event with Mayor Rennie.
- Council Member Sayoc stated she attended the Cities Association Executive Board and Legislative Select Committee meetings and announced CalCities Peninsula Division will host an event for local elected officials in San Mateo and Santa Clara Counties on Governor Newsom’s CARE Court on May 18th.
- Council Member Badame stated she met with cannabis consultant HdL Companies and Town staff; attended West Valley Waste Management Authority (WVWMA) and West Valley Clean Water Authority (WVCWA) Board meetings, Democracy Tent community meetings as an observer, and Planning Commission as an observer.

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PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022
Council Matters – continued
- Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board, Legislative Committee, Stationary Source Committee meetings; Connected BAAQMD staff to Lawrence Livermore National Laboratory to further their research; presented to realtors; attended the Senior Service Sub-Committee meeting, Senior Services Committee meeting, tree planting with City of Monte Sereno, and Cities Association Board and Legislative Committee meetings; filled in for Council Member Sayoc at the Cities Association Selection Committee meeting; and provided testimony to the Senate Judiciary Committee in support of Senate Bill 1100 introduced by Senator Cortese. - Council Member Hudes stated he attended multiple Senior Service Sub-Committee meetings, Santa Clara County Housing and Community Development Advisory Committee (HCDAC) meeting, and the Senior Services Committee meeting.

Manager Matters
- Announced the results of the community-wide senior survey have been posted on the Town website.
- Announced Spring into Green will take place on Sunday, April 24, 2022, and invited all to attend.
- Announced Adult Commissioner recruitment is underway; the application period closes on May 27 at 4:00 p.m. and interviews are scheduled for June 7, 2022. - Announced Youth Commission recruitment is underway; the application period closes on May 6 at 4:00 p.m. and interviews are scheduled for May 16, 2022. - Recognized and thanked Town Administrative Staff in honor of Administrative Professional’s Day.

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

1. Approve Minutes of the Town Council Special Meeting - Closed Session of April 5, 2022.

2. Approve Draft Minutes of the Town Council Meeting of April 5, 2022

3. Approve Draft Minutes of the Town Council, Planning Commission, and Housing Element Advisory Board Joint Study Session of April 6, 2022.

4. Approve Minutes of the Town Council Closed Session Special Meeting of April 12, 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. RESOLUTION 2022-017

6. Adopt a Resolution Describing Improvements and Directing Preparation of the Town Engineer’s Report for Fiscal Year 2022/23 for Landscape and Lighting Assessment Districts No. 1 and 2. RESOLUTION 2022-018

7. Adopt a Resolution Approving the Parcel Map for 16220 Harwood Road and Accepting the Public Service Easement Dedication. RESOLUTION 2022-019

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SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022
Consent Items – continued

8. Adopt a Resolution Approving the Parcel Map for 16466 Bonnie Lane and Accepting the Public Service Easement Dedication. RESOLUTION 2022-020

9. Approve the Phil Knopf Minors Baseball Complex Naming Addition to Balzer Field Signage.

10. Adoption of an Ordinance of the Town of Los Gatos Repealing and Replacing Article III of Chapter 10 of the Los Gatos Town Code Regulating Food Service Ware by Food Facilities to Align with New State Laws. ORDINANCE 2328

11. Adopt an Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481. ORDINANCE 2329
Opened public comment.

Mike Wasserman, Santa Clara County Supervisor District 1 - Commented in support of item 9.

Closed public comment.

MOTION: Motion by Vice Mayor Ristow to approve the Consent Items. Seconded by Council Member Sayoc.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Giulianna Pendleton, Audubon Society
- Commented in support of adding a dark sky and bird safe design elements in the Draft 2040 General Plan.

Catherine Somers, Chamber of Commerce Executive Director - Announced the Senior Service Committee is hosting a senior outreach reception at the Adult Recreation Center (ARC) on Wednesday, April 20; the Chamber Spring Wine Walk will take place on April 23; and fundraising is underway to support the Double D’s Sports Grille gateway wall project.

Joanne Rodgers
- Played a recording of a previous resident in opposition of allowing cannabis dispensaries.

PUBLIC HEARINGS

12. Introduction and First Reading of an Ordinance Amending Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022
Public Hearing Item #12 – continued
Robert Schultz, Interim Town Attorney, presented the staff report.

Opened public comment.

Sasha Balasingham, Youth Commissioner Chair
- Commented in support of the ordinance.

Quincy Scott, Youth Commissioner Vice Chair
- Commented in support of the ordinance.

Esha Bagora, Youth Commission Teen Wellness Sub-Committee Chair - Commented in support of the ordinance and stated the Youth Commission will be taking part in community outreach.

Lee Fagot
- Commented in support of the ordinance; requested fines be reviewed.

Joanne Rodgers
- Commented in support of the ordinance.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Sayoc to 1) introduce by title only, an ordinance amending Chapter 18, Article III, entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs, 2) include a section that states this chapter does not apply to conduct involving the use of intoxicants that is protected by Article I, Section 4 of the California Constitution, the Freedom of Religion exemption clause and 3) direct Town staff to work with all schools in Los Gatos for outreach purposes. Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

Town Clerk Neis read the ordinance by title only.

13. Introduction and First Reading of an Ordinance Amending Chapter 29 of the Los Gatos Town Code Regulating Tree Protection.

Robert Schultz, Interim Town Attorney, presented the staff report.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022
Public Hearing Item #13 – continued
Opened public comment.

Giulianna Pendleton, Audubon Society
- Commented in support the ordinance and requested an amendment to require 80% of trees planted be native species.

David Weissman
- Commented in support of the ordinance.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to introduce, by title only, an ordinance amending Chapter 29 of the Los Gatos Town Code regulating tree protection (Attachment 1). Seconded by Council Member Badame.

VOTE: Motion passed unanimously.

Town Clerk Neis read the ordinance by title only.

14. Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Chapter 15 Regarding Motor Vehicles and Traffic to Include Parking Meter Zones and Amending Ordinance Definitions and Requirements.

Greg Borromeo, Police Sergeant, presented the staff report.

Opened public comment.

Randi Chen, Los Gatos Chamber of Commerce
- Commented in support of the ordinance; requested North Santa Cruz be thirty-minute parking without pay-to-stay meters.

Closed public comment.

Council discussed the item.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022
Other Business Item #14 – continued
MOTION: Motion by Vice Mayor Ristow to introduce by title only, an ordinance amending the Los Gatos Town Code Chapter 15 regarding motor vehicles and traffic to include parking meter zones and amending ordinance definitions and requirements (Attachment 1). Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

Town Clerk Neis read the ordinance by title only.

Recess 8:50 p.m.

Reconvene 9:00 p.m.

OTHER BUSINESS

15. Discuss and Provide Direction on Community Engagement Efforts for the General Plan and Housing Element Updates.

Jennifer Armer, Planning Manager, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to further community engagement 1) post the questions and answers from the two Town Council Study Sessions plus the questions and answers from the Joint Study Session on the Housing Element, 2) provide these questions and answers to the Housing Element Advisory Board, Planning Commission, and Town Council, 3) post as Frequently Asked Questions (FAQs) on the respective websites, and 4) for clarification, it is all right to have summary versions of the questions and summary answers. Seconded by Council Member Badame.

VOTE: Motion passed unanimously.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 19, 2022 DATE: April 19, 2022

16. Local Roadway Safety Plan:
a. Adopt the Local Roadway Safety Plan (LRSP);
b. Direct Staff to Develop the Short-Term Improvements and Pursue Grant Funding; and c. Direct Staff to Proceed with All Implementation Actions in the LRSP.

Ying Smith, Transportation and Mobility Manager, presented the staff report.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Ristow to adopt the Local Roadway Safety Plan (LRSP); Direct Staff to Develop the Short-Term Improvements and Pursue Grant Funding; and Direct Staff to Proceed with All Implementation Actions in the LRSP. Seconded by Council Member Hudes.

VOTE: Motion passed unanimously.

ADJOURNMENT
The meeting adjourned at 10:15 p.m.

Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk

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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: 05/03/2022
ITEM NO: 2
DATE: April 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.

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

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SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: April 25, 2022
DISCUSSION (Cont):
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
 March 15, 2022 adopted Resolution 2022-009
 April 5, 2022 adopted Resolution 2022-013
 April 19, 2022 adopted Resolution 2022-0117
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 offices.

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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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, Boards, Commissions, and Committees to continue to meet remotely in order to ensure the health and safety of the public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and WHEREAS, the Town’s public meeting facility is indoor and not designed to ensure circulation of fresh/outdoor air, and not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to Town facilities to participate in local government, and some of them would be at high risk of severe illness due to COVID-19; and
WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a Town Council, Board, Commission, or Committee meeting.

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).

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Resolution 2022 - Council Meeting Date

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.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of May 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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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: 05/03/2022
ITEM NO: 3
DATE: April 25, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Appoint Vice Mayor Ristow to the Senior Service Committee to Replace Mayor Rennie
RECOMMENDATION:

Appoint Vice Mayor Ristow to the Senior Service Committee to replace Mayor Rennie.

REMARKS:

In 2021, the Town Council created a Senior Service Committee to coordinate the preparation of a road map to guide the future provision of senior services in Los Gatos. Based on the Committee’s enabling resolution, the Committee consists of two Council members, and representatives from the Town’s Community Health and Senior Services Commission, Chamber of Commerce, service clubs, service providers, and other specified groups.

Every December, the Mayor recommends appointments of Council Members to Town Committees and the Council acts on those recommendations.

The Mayor has served on the Senior Service Committee since its inception. Given his Mayoral responsibilities and service on other agency boards, the Mayor has offered this opportunity to the Vice Mayor. Vice Mayor Ristow is interested and available to join this Committee. For these reasons, Vice Mayor Ristow is recommended as the Mayor’s replacement.

FISCAL IMPACT:

There is no fiscal impact associated with the change in the composition of the Senior Committee.

ENVIRONMENTAL ASSESSMENT:

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

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PREPARED BY: Greg Borromeo and Jim Renelle
Sergeant Parking Program Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Police Chief, 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: 05/03/2022
ITEM NO: 4
DATE: April 21, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Amending Chapter 15 (Motor Vehicles and Traffic), Article I and Article IV, Division I of the Town Code Regarding Parking Meter Zones
RECOMMENDATION:

Adopt an Ordinance that was introduced at the Town Council meeting of April 19, 2022, amending Chapter 15 (Motor Vehicles and Traffic), Article I and Article IV, Division I of the Town Code regarding Parking Meter Zones.

BACKGROUND:

On April 19, 2022, the Town Council voted 5-0 to approve an amendment to Article I and Article IV, Division I of Chapter 15 of the Los Gatos Town Code regulating Motor Vehicles and Traffic to include Parking Meter Zones.

CONCLUSION:

Staff recommends that the Town Council adopt an Ordinance, by title only, amending Article I and Article IV, Division I of Chapter 15 of the Los Gatos Town Code regulating Motor Vehicles and Traffic to include Parking Meter Zones.

COORDINATION:

This report was coordinated with the Parks and Public Works Department and the Office of Economic Vitality.

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PAGE 2 OF 2
SUBJECT: Adopt an Ordinance Amending Chapter 15 (Motor Vehicles and Traffic), Article I and Article IV, Division I of the Town Code Regarding Parking Meter Zones.

DATE: April 21, 2022
FISCAL IMPACT:

As with any municipal ordinance change or revision, the Town will incur Municode system costs to incorporate the modifications into the online and hardcopy versions of the Los Gatos Town Code. These expected expenditures are budgeted annually.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Ordinance - Parking Meter Zones

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Draft Ordinance – Parking Meter Zones Council Meeting Date ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO AMEND CHAPTER 15 RELATING TO MOTOR VEHICLES AND TRAFFIC TO INCLUDE PAY-TOSTAY PARKING METER ZONES AND AMENDING SECTIONS CONFLICTING WITH

ORDINANCE DEFINITIONS AND REQUIREMENTS
WHEREAS, on December 17, 2019, the Town Council received the 2019 Parking Study Roadmap with recommendations to improve parking space utilization in Downtown.

WHEREAS, on January 26, 2021, the Town Council adopted the Parking Roadmap Phase I which included establishment of a Park Once philosophy and a Pay-to-Stay policy after the initial free parking period.

WHEREAS, California Vehicle Code section 22508(a) states a local authority shall not establish parking meter zones or fix the rate of fees for those zones except by ordinance. The rate of fee may be variable, based upon criteria identified by the local authority in the ordinance.

An ordinance establishing a parking meter zone shall describe the area that would be included in the zone.

WHEREAS, California Vehicle Code section 22508(e) states a local authority may accept but shall not require payment of parking meter fees by a mobile device.

WHEREAS, existing language within Chapter 15 of the Town Code requires updating to correspond with establishment a Parking Meter Zones ordinance.

NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS:

Chapter 15 of the Town Code shall be modified to reflect the changes identified in Exhibit A; and The following code sections shall be added to Chapter 15 of the Town Code:

SECTION I
The Council finds and declares that the 2019 Parking Study Parking Roadmap recommendations have been identified and adopted for implementation. The Council further finds that to improve parking availability for the visiting public, parking space utilization needs to be managed. The Council further finds that parking spaces can be effectively managed by controlling space utilization using time limits and fees. Accordingly, the Council finds that a Parking Meter Zones ordinance is warranted to achieve effective parking space management.

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SECTION II
Chapter 15 Article I and Article IV of the Los Gatos Town Code is hereby amended to add sections related to Parking Meter Zones. Sections added to Chapter 15 are as follows:

ARTICLE I. – IN GENERAL
Sec. 15.10.010 – Definitions
Downtown Parking Meter Zone.

Downtown Parking Meter Zone refers to all parking spaces located on-street and in any offstreet parking facility owned or operated by the Town located within the geographic borders of Los Gatos-Saratoga Road to the north, Tait Avenue to the west, Highway 17 to the east and south. This zone shall also include East Main Street from Highway 17 to Los Gatos Boulevard and within 1 block of all intersecting streets.

Parking Meter.

Parking meter is any device that accepts payment for use of parking spaces. Such devices include, but are not limited to, parking meters, pay-by-space devices, pay-by-plate devices, payon-foot devices, pay-and-display devices and any software application that processes payments from a mobile computer device such as a mobile phone for the purpose of controlling the period of time a parking space is occupied by any motorized vehicle.

Pay-to-Stay Zone.

Pay-to-Stay refers to an area where all parking spaces require the payment of a fee to continue parking a motorized vehicle beyond the initial posted free parking period.

ARTICLE IV. – STOPPING, STANDING AND PARKING
DIVISION I. - GENERALLY
Sec. 15.40.087 Establishment of Pay-To-Stay Parking Meter Zones The Downtown Parking Meter Zone is established as a parking meter zone or pay-to-stay zone.

The Director of Parks and Public Works is authorized to direct the installation of parking meters in those streets or parts of streets or in any off-street parking facility owned or operated by the Town within the Downtown Parking Meter Zone where it is determined on the basis of an engineering and traffic investigation that the installation of parking meters will be necessary to regulate parking.
(a) The rate of parking fees for the use of a metered or pay-to-stay parking space in the Downtown Parking Meter Zone shall be between zero dollars ($0.00) and five dollars ($5.00) per hour.
(b) Failure to observe the restrictions imposed or failure to pay the amount so required shall be a violation of this chapter.

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(c) Time of Operation
Where parking meters are installed pursuant to this article, the parking of vehicles shall be regulated during such hours and on such days as established by Town Council resolution. Time of operation shall be in effect only after appropriate signs or markings are in place giving notice or through information provided by the parking meter. (d) Deposit of Fees
The operator of a motorized vehicle who stops, leaves standing or parks a vehicle in a parking space in the Downtown Parking Meter Zone shall immediately thereupon deposit fees in an adjacent or nearby parking meter. The operator of a motorized vehicle, after making a proper deposit of fees, shall set into operation the timing mechanism of the parking meter. Parking fees may be deposited with United States Treasury coins and currency, credit cards or electronic bank debit. No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, metallic device, any forged or defaced bill or other substitute of US coin or currency. No person shall deposit or cause to deposit any fraudulent credit or electronic bank debit card information.
(e) Parking After Time Has Expired
It shall be a violation of this chapter for the operator of a motorized vehicle to permit such vehicle to remain stopped, standing or parked in any parking spaces after the initial free parking period has ended and the pay-to-stay parking period has expired other than such time necessary to operate the parking meter immediately after the initial parking of the vehicle.
(f) Prima Facie Presumption
The stopping, standing or parking of a motorized vehicle in a space in which the parking meter indicates by display or signal that time has expired shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand longer than the period permitted by this article.
(g) Damaging, Destroying, Defacing, A Parking Meter
It shall be unlawful for any person to deface, injure, tamper with, open without authorization, willfully break, destroy or impair the usefulness of any parking meter. (h) Periodic Adjustment of Parking Meter Rates
The Town Council herby adopts the following process for adjusting the Downtown Parking Meter Zone meter rates to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the Downtown Parking Meter Zone.

To achieve the goal of managing the supply of parking and to make it reasonably available when and where needed, a target range of 80%-95% occupancy is established for on-street and off-street parking with an initial starting rate of 85%. The Town Manager or their designee may adjust the target rate of occupancy based on survey data collected annually.

On at least an annual basis, the Town Manager or their designee shall survey the occupancy of all parking areas (on and off-street) in the Downtown Parking Meter Zone.

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Draft Ordinance – Parking Meter Zones Council Meeting Date ATTACHMENT 1
adjustments to the rates made pursuant to this section will become effective upon the programming of the parking meters for that rate and the proper posting of the rate.

The current schedule of parking meter rates will be available at the Town Clerk’s Office and on the Town’s webpage. The Town Manager may also create incentive programs to encourage certain categories of parkers to use other areas of parking freeing the most convenient spaces for business customers.
(i) Preferential Residential Parking Permit Areas Exempted Preferential residential parking permit areas located within the boundaries of the Downtown Parking Meter Zone are exempt from the provisions of this section and parking meters will not be installed in these areas.
(j) Specialized Parking Management Programs
The Town may adopt specialized parking management programs to meet the needs of the parking program which may include but is not limited to a Merchant Parking Validation Program.
(k) Use of Revenue
All parking meter revenues collected pursuant to the provisions of this chapter shall be deposited into a designated parking fund. All funds shall be used solely to support activities benefiting the Downtown Parking Meter Zone. The specific authorized uses of revenues shall be as follows:
1) For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and enforcement of the parking meters in the Downtown Parking Meter Zone.
2) For the purchasing, leasing, installing, repairing, maintaining, operating and removing of vehicle occupancy counting equipment, wayfinding equipment and signage for vehicles and pedestrians along with the supporting infrastructure in the Downtown Parking Meter Zone.
3) For the purchasing, leasing, acquiring, improving, operating and maintaining on and off-street parking facilities in the Downtown Parking Meter Zone. 4) For transportation and parking planning, marketing and education programs related to the Downtown Parking Meter Zone.
5) For public safety technologies directly related to the safety and security of the public within the Downtown Parking Meter Zone.
6) For purchasing, leasing, acquiring, maintaining and operating a courtesy shuttle primarily operating in the Downtown Parking Meter Zone. 7) For the purchasing, leasing, acquiring, installing, maintaining additional traffic safety and traffic control devices within the Downtown Parking Meter Zone. 8) For supporting bicycle masterplan, pedestrian masterplan and other alternative transportation modes that directly impact traffic and parking congestion in the Downtown Parking Meter Zone.

SECTION III

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If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect.

SECTION IV
The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of April 2022 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the ____ day of ____ 2022 . This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).

Attachment Exhibit A - Amendment to Chapter 15 (Motor Vehicles and Traffic), Article I and Article IV, Division I of the Town Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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Draft Ordinance – Parking Meter Zones Council Meeting Date ATTACHMENT 1
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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Amendment to Chapter 15 – Motor Vehicles and Traffic April 19, 2022

EXHIBIT A
AMENDMENT TO CHAPTER 15 – MOTOR VEHICLES AND TRAFFIC
CHAPTER 15
ARTICLE I. – IN GENERAL
Parking Definitions:

Sec. 15.10.010 (Add to existing definitions in Article I) Downtown Parking Meter Zone.

Parking Meter.

Pay-to-Stay Zone.

Pay-to-Stay refers to an area where all parking spaces require the payment of a fee to continue parking a motorized vehicle beyond the initial posted free parking period.

ARTICLE IV. – STOPPING, STANDING AND PARKING

DIVISION I - GENERALLY
Parking Code Changes or Additions:

Sec. 15.40.087 Establishment of Pay-To-Stay Parking Meter Zones (a) The Downtown Parking Meter Zone is established as a parking meter zone or pay-tostay zone. The Director of Parks and Public Works is authorized to direct the installation of parking meters in those streets or parts of streets or in any off-street parking facility owned or operated by the Town within the Downtown Parking Meter Zone where it is determined on the basis of an engineering and traffic investigation that the installation of parking meters will be necessary to regulate parking.

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Amendment to Chapter 15 – Motor Vehicles and Traffic April 19, 2022

EXHIBIT A
(b) The rate of parking fees for the use of a metered or pay-to-stay parking space in the Downtown Parking Meter Zone shall be between zero dollars ($0.00) and five dollars ($5.00) per hour.
(c) Failure to observe the restrictions imposed or failure to pay the amount so required shall be a violation of this chapter
(d) Time of Operation
Where parking meters are installed pursuant to this article, the parking of vehicles shall be regulated during such hours and on such days as established by Town Council resolution. Time of operation shall be in effect only after appropriate signs or markings are in place giving notice or through information provided by the parking meter. (e) Deposit of Fees
The operator of a motorized vehicle who stops, leaves standing or parks a vehicle in a parking space in the Downtown Parking Meter Zone shall immediately thereupon deposit fees in an adjacent or nearby parking meter. The operator of a motorized vehicle, after making a proper deposit of fees, shall set into operation the timing mechanism of the parking meter. Parking fees may be deposited with United States Treasury coins and currency, credit cards or electronic bank debit. No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, metallic device, any forged or defaced bill or other substitute of US coin or currency. No person shall deposit or cause to deposit any fraudulent credit or electronic bank debit card information.
(f) Parking After Time Has Expired
It shall be a violation of this chapter for the operator of a motorized vehicle to permit such vehicle to remain stopped, standing or parked in any parking spaces after the initial free parking period has ended and the pay-to-stay parking period has expired other than such time necessary to operate the parking meter immediately after the initial parking of the vehicle.
(g) Prima Facie Presumption
The stopping, standing or parking of a motorized vehicle in a space in which the parking meter indicates by display or signal that time has expired shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand longer than the period permitted by this article.
(h) Damaging, Destroying, Defacing,… A Parking Meter
It shall be unlawful for any person to deface, injure, tamper with, open without authorization, willfully break, destroy or impair the usefulness of any parking meter. (i) Periodic Adjustment of Parking Meter Rates
The Town Council herby adopts the following process for adjusting the Downtown Parking Meter Zone meter rates to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the Downtown Parking Meter Zone.

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Amendment to Chapter 15 – Motor Vehicles and Traffic April 19, 2022

EXHIBIT A
To achieve the goal of managing the supply of parking and to make it reasonably available when and where needed, a target range of 80%-95% occupancy is established for on-street and off-street parking with an initial starting rate of 85%. The Town Manager or their designee may adjust the target rate of occupancy based on survey data collected annually.

On at least an annual basis, the Town Manager or their designee shall survey the occupancy of all parking areas (on and off-street) in the Downtown Parking Meter Zone.

To achieve the set occupancy rate, the Town Manager may raise or lower the parking meter rates within the Downtown Parking Meter Zone in increments of no more than one dollar ($1.00) per hour within the rate range set forth within this article. The adjustments to the rates made pursuant to this section will become effective upon the programming of the parking meters for that rate and the proper posting of the rate.

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EXHIBIT A
4) For transportation and parking planning, marketing and education programs related to the Downtown Parking Meter Zone.
5) For public safety technologies directly related to the safety and security of the public within the Downtown Parking Meter Zone.
6) For purchasing, leasing, acquiring, maintaining and operating a courtesy shuttle primarily operating in the Downtown Parking Meter Zone. 7) For the purchasing, leasing, acquiring, installing, maintaining additional traffic safety and traffic control devices within the Downtown Parking Meter Zone. 8) For supporting bicycle masterplan, pedestrian masterplan and other alternative transportation modes that directly impact traffic and parking congestion in the Downtown Parking Meter Zone.

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PREPARED BY: Shelley Neis
Town Clerk
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: 05/03/2022
ITEM NO: 5
DATE: April 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Amending Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs
RECOMMENDATION:

Adopt an Ordinance that was introduced at the Town Council meeting of April 19, 2022 amending Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs.

DISCUSSION:

At its April 19, 2022 meeting, the Town Council voted 5-0 to approve amending the Los Gatos Town Code Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs.

Staff recommends that Council adopt an Ordinance amending the Los Gatos Town Code to expand and hold adults responsible for underage use of intoxicants (alcohol, controlled substances and/or cannabis) in their households whether or not the adults are present.

COORDINATION:

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

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SUBJECT: Adopt an Ordinance to Town Code Chapter 18, Article III, Entitled Minors and Related to Social Host Liability for Parties at Which Underage Drinking and Drug Use Occurs
DATE: April 26, 2022
FISCAL IMPACT:

As with any Ordinance change, the Town does incur costs with Municode to incorporate the modifications to the online and hardcopy versions of the Code. These expected expenditures are budgeted annually.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Ordinance

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ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18 ARTICLE III, MINORS RELATED TO SOCIAL HOST LIABILITY

FOR PARTIES AT WHICH UNDERAGE DRINKING AND DRUG USE OCCURS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AS FOLLOWS:

SECTION 1 : Chapter 18 Title III of the Los Gatos Town Code is hereby amended and restated as follows:

CHAPTER 18.10 SOCIAL HOST ORDINANCE

18.30.010 Findings and Purpose

18.30.015 Definitions

18.30.020 Duty of the Social Host

18.30.025 Prohibition of Underage Gatherings on Private and Public Property

18.30.030 Hosting by Juvenile

18.30.035 Exemption

18.30.040 Penalties for Violations

18.30.042 Recovery of Response Costs

18.30.045 No Mandatory Duty of Care

18.30.010 Findings and Purpose.

The Town Council of the Town of Los Gatos does hereby find that:

1. The occurrence of underage social gatherings, defined in this ordinance as a gathering of two or more underage persons on private or public property where intoxicants are consumed by underage persons, is harmful to such persons and a threat to public welfare, health, and safety. The Surgeon General's Call to Action (2007) is hereby incorporated by reference, to further establish the health, safety and public welfare concerns that exist with underage drinking or cannabis use.

2. Reliable research indicates that underage consumption of intoxicants is a contributing factor in the three leading causes of teenage deaths: 1) unintentional injury, 2) homicide and 3) suicide. Underage drinking is associated with alcohol abuse and a negative impact on the developing brain of youth. Likewise, consumption of intoxicants is associated with violent crimes including sexual offenses, DUI, and alcohol-related traffic deaths. Underage drinking is a common factor in public disturbances, vandalism, and physical altercations, all of which may require intervention by local law enforcement.

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3. Research has identified easy access to intoxicants and permissive attitudes as two key factors that contribute to underage drinking, cannabis, or other drug use.

4. Local, state and national studies have established that underage youth most commonly procure intoxicants from social sources (parties, friends, homes) and others who purchase it for them.

5. Underage social gatherings frequently occur on private or public property where adults who own or control the property have failed to ensure that alcoholic beverages, cannabis, or other intoxicating products are neither served to, nor consumed by underage persons.

Furthermore, there are times when parents or other adults are present at the social gathering who condone the underage drinking, cannabis, or controlled substance use and provide the alcohol, cannabis, or controlled substance products.

6. Problems associated with underage social gatherings on private or public property are difficult to prevent and deter unless the Los Gatos Police Department has the legal authority to direct the social host to disperse the gathering and to cite the social host.

7. Law enforcement personnel have in the past been required to respond to underage social gatherings on private and public property where intoxicants are provided to and consumed by underage persons. Such calls for service can result in a disproportionate expenditure of public safety resources and delay official responses to other calls.

8. The Town Council of the Town of Los Gatos, pursuant to the Town's police powers under Article XI, sections 3 and 5 of the California Constitution, has the authority to enact and enforce laws that promote the public health, safety and general welfare of its residents.

9. An ordinance that imposes liability with penalties on social hosts is necessary to deter and prevent such gatherings. Social hosts or anyone who organizes, supervises, aids, conducts, permits, or controls the underage social gathering need not be present at such gathering to incur liability under this ordinance.

10. The purposes of this ordinance are to:
a) protect the public health, safety, and welfare by deterring the service to and consumption of alcoholic beverages or cannabis products by underage persons; and b) reduce the cost to the public of providing police response services. These purposes are achieved by issuing a criminal citation which requires the social host to pay a fine and fees for the actual costs incurred by the Town; and
The Town Council, therefore, finds that underage social gatherings held on private or public property are a threat to the public peace, health, safety and general welfare, and a public nuisance as they affect the entire Los Gatos community as well as the neighborhoods in which they occur.

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18.30.015 Definitions.

For the purposes of this chapter, the following definitions apply:
(a) "Alcohol." The definition of "alcohol" in Section 23003 of the California Business & Professions Code, as amended from time to time, shall apply to this chapter. As of the introduction of this chapter, section 23003 defines "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced." (b) "Alcoholic beverage." The definition of "alcoholic beverage" in Section 23004 of the California Business & Professions Code, as amended from time to time, shall apply to this chapter.

As of the introduction of this chapter, section 23004 defines "alcoholic beverage" to mean alcohol, spirits, liquor, wine, beer that contains one-half of one percent or more alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances."
(c) "Cannabis" means all parts of the plant Cannabis Sativa Linnaeus, Cannabis lndica, or Cannabis Ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal purposes. "Cannabis" also means marijuana as defined by section 11018 of the Health and Safety Code, and amended by the California Control, Regulate, and Tax Adult use of Marijuana Initiative, and as defined by other applicable state laws. "Cannabis" does not mean "industrial hemp" as defined by section 11018.S of the Health and Safety Code. Cannabis is classified as an agricultural product separately from other agricultural crops.
(d) "Cannabis Product" means cannabis or a cannabis product, respectfully, intended to be sold for either medical or adult use.
(e) "Controlled Substance" means a drug or substance whose possession and use are regulated under the California Controlled Substances Act (Health & Safety Code Section 11000 et seq.). Such term does not include any drug or substance for which the individual found to have consumed or possessed such substance has a valid prescription issued by a licensed medical practitioner authorized to issue such a prescription, or in the case of medical cannabis, a recommendation for medical marijuana from an approved provider, or a State of California medical identification card.
(f) "Intoxicants" means alcohol, controlled substances and/or cannabis as defined herein.
(g) "Juvenile" means any person under eighteen years of age. (h) "Private or public property" means any location such as a residence and adjoining property, an apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a

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temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function or used with or without permission or compensation. (i) "Response costs" means the costs associated with responses by law enforcement to underage social gatherings including but not limited to:
(1) salaries and benefits of law enforcement personnel for the amount of time spent responding to, remaining at, or otherwise dealing with unruly or underage gatherings (2) the cost of any medical treatment to or for any law enforcement personnel injured responding to, remaining at or leaving the scene of an underage social gathering; (3) the cost of repairing any Town equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of an underage social gathering; and
(4) any costs recoverable in accordance with California Civil Code section 1714.9.
(j) "Social Host" means any person or persons with a right of possession of private or public property at which an underage social gathering occurs, including, but not limited to the following:
(1) the owner of record as of the time of the underage social gathering or tenant or lessee of the property;
(2) any person who exercises control over the private or public property at the time of the underage social gathering;
(3) anyone who organizes, supervises, officiates, aids, conducts, allows, permits or controls the underage social gathering.
(4) A social host need not be present at such gathering to incur liability under this ordinance.
(k) "Town" means the Town of Los Gatos.
(l) "Underage social gathering" means a party or gathering of two or more persons held on private or public property in the Town where intoxicants are consumed by any underage person.
(m) "Underage person" means any person under twenty-one years of age.

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18.30.020 Duty of Social Host.

It is the duty of the Social Host to take reasonable steps to prevent underage access to intoxicants on private and public property. Such steps include but are not limited to controlling the quantity of intoxicants; verifying the age of persons attending the gathering by inspecting drivers' licenses or other government-issued identification cards to ensure that underage persons do not consume intoxicants while at the gathering; and supervising the activities of underage persons at the gathering.

18.30.025 Prohibition of Underage Social Gatherings on Private and Public Property.

It is unlawful and a public nuisance for any person to knowingly host an underage social gathering on private or public property in the Town. For purposes of this chapter, a person knowingly hosts an underage social gathering whenever the social host is aware that an underage person has consumed intoxicants or reasonably should have been aware had the social host taken reasonable steps to prevent consumption of intoxicants by underage persons in accordance with Chapter

18.30.030. Hosting by Juvenile.

In the event that a juvenile hosts an underage social gathering at a residence or on other private or public property in the Town in violation of this chapter, the parents or guardians of that juvenile may be jointly and severally liable for any penalties and response costs imposed pursuant to this chapter.

18.30.035 Exemption.

This chapter does not apply to conduct involving the use of alcoholic beverages that is protected by Article I, Section 4 of the California Constitution.

18.30.040 Penalties for Violations.
(a) The enforcement officer, at his or her discretion, may immediately issue a citation for violation of this Chapter upon evidence of the violation. There is no requirement of a first warning in order for the enforcement officer to issue this citation. (b) Administrative Fine: A first violation of this chapter shall result in a citation with a $1,500 fine. A second violation and subsequent violations shall result in a citation with a $3,000 fine. (c) The enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter within 10 days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.

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(d) The administrative fine prescribed in this section is in addition to any cost recovery fee for public safety responses that may be assessed pursuant to section 18.30.040.

18.30.045 Recovery of Response Costs.

When the Police make an initial response to an underage social gathering on private or public property and a police officer issues a citation for violation of this chapter, the officer shall, in writing, inform any responsible person(s) at the property or location that:
(a) An underage social gathering exists; and
(b) The social host(s) will be charged for any response costs incurred for subsequent responses to the property for hosting an underage social gathering within a 12-month period. (c) This warning will be given to all social hosts at the time of the first response to an underage social gathering where a citation is issued for violation of this chapter. (d) Within 30 calendar days of the initial citation, a written warning will be delivered via certified mail to the owner of record of the involved property. (e) When a police officer responds to an underage social gathering at a residence or other private property within the Town within 12 months of a citation and warning given to social hosts at the same property, and such officer issues a second or subsequent citation pursuant to this chapter, all responsible persons shall be jointly and severally liable for the Town's response costs concerning such second or subsequent underage social gathering, but only to the extent that the identified social host(s) concerning the first citation at such property remain the social host(s) for the second or subsequent citation at such property. (f) The requirement of a first warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on the same day that the warning is given if the warning does not end the serving, consumption of or possession of intoxicants by underage person(s) at any gathering. The cost recovery for public safety responses shall be separate and distinct from a citation and administrative fine for a violation described in section 18.30.035

18.30.047 No Mandatory Duty of Care.

This chapter is not intended to impose and shall not be construed or given effect in a manner that imposes upon the Town, or any officer, employee, agent, or representative of the Town, a mandatory duty of care toward persons or property within or without the Town limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law.

SECTION II. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under

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CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION III. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances.

The Town Council of the Town of Los Gatos declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 19th day of April 2022. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of May 2022, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

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ATTACHMENT 1

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/03/2022
ITEM NO: 6
DATE: April 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adoption of an Ordinance Amending Chapter 29 of the Los Gatos Town Code Regulating Tree Protection
RECOMMENDATION:

Adopt an Ordinance that was introduced at the Town Council meeting of April 19, 2022, amending Chapter 29 of the Los Gatos Town Code regulating tree protection.

DISCUSSION:

At its April 19, 2022 meeting, the Town Council voted 5-0 to approve amending the Los Gatos Town Code Chapter 29 regulating tree protection.

Staff recommends that Council adopt an Ordinance amending the Los Gatos Town Code to regulate the removal of trees within the Town to retain as many trees as possible consistent with the purpose of the Ordinance and the reasonable use of private property and also includes a penalty section for violations of the Tree Protection Ordinance.

COORDINATION:

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

FISCAL IMPACT:

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SUBJECT: Adopt an Ordinance to Town Code Chapter 29 Regulating Tree Protection DATE: April 26, 2022
ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Ordinance

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PREPARED BY: Tania Maheu
Administrative Analyst
Reviewed by: 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: 05/03/2022
ITEM NO: 7
DATE: April 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to an Agreement for Consultant Services with Walter Levison, Arborist for Two Months.

RECOMMENDATION:

Authorize the Town Manager to execute a Second Amendment to an Agreement for Consultant Services with Walter Levison, Arborist for two months (Attachment 1).

BACKGROUND:

The Consulting Arborist assists Town staff and Town decision makers in the application review process for discretionary development projects, providing information on existing tree health and suitability for retention, potential impact to existing trees, and necessary mitigation measures to protect existing trees. The Consulting Arborist also assists in reviewing appeals of tree removal permits. Currently, Walter Levison and Monarch Consulting Arborists are the Town’s consulting arborists.

DISCUSSION:

The original 2015 Agreement (Attachment 2) was for a five-year term with an expiration in November 2020. During the term of the Walter Levison Agreement, an agreement with Monarch Consulting Arborists was approved on May 1, 2017, for a five-year term. In November 2020, the Town Council approved an extension of the term of the Walter Levison Agreement (Attachment 3) to coincide with the expiration of the Monarch Consulting Arborists Agreement.

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PAGE 2 OF 2
SUBJECT: Walter Levison Arborist Second Amendment
DATE: April 28, 2022
DISCUSSION (continued):

A two-month extension of the term of the Walter Levison Agreement is being requested to coincide with the end of the fiscal year. Additionally, the extension will allow time for Town staff to complete the process of reviewing submittals received in response to the Request for Qualifications (RFQ) for Consulting Arborist services. Staff will provide a recommendation on Consulting Arborists for Town Council consideration in June.

CONCLUSION:

Staff recommends that the Council authorize the Town Manager to execute a Second Amendment to the Agreement for Consultant Services with Walter Levison, Arborist.

COORDINATION:

The draft Second Amendment was prepared in coordination with the Town Attorney.

FISCAL IMPACT:

There is no fiscal impact as applicants pay for these services for their individual projects.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Walter Levison Second Amendment

2. Original 2015 agreement

3. First Amendment to Agreement

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ATTACHMENT 1

SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS SECOND AMENDMENT TO AGREEMENT is entered into this 1st day of May, 2022, by and between the Town of Los Gatos, State of California, herein called the “Town,” and Walter Levison, Consulting Arborist, herein called the “Consultant.”

RECITALS
A. The Town and Consultant entered into an Agreement dated November 1, 2015 to provide services for evaluation of Trees on properties within the Town of Los Gatos (Attachment A).

B. The Town and Consultant entered into a First Amendment to Agreement to extend the term to April 30, 2022 to (Attachment B).

C. The Town desires to extend the term of the Agreement to June 30, 2022.

AMENDMENT

1. Time of Performance of the Agreement is hereby amended to provide that the term of the Agreement is extended to June 30, 2022.

2. All other terms and conditions of the Agreement dated November 1, 2015, remain in full force and effect.

IN WITNESS WHEREOF, the Town and Consultant have executed the First Amendment to Agreement as of the date indicated on page one (1).

Town of Los Gatos: Consultant:
_____________________________ _____________________________ Laurel Prevetti Walter Levison,
Town Manager Consulting Arborist
Department Approval:
_____________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________
Robert Schultz
Town Attorney
Attest:
_____________________________
Shelley Neis, MMC, CPMC,
Town Clerk

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CLERK DEPARTMENT
AGR I 5, ;;L1j
IIIl{ __ ,,--=-=
ORD ----- AGREEMENT FOR CONSUL TANT SERVICE~ -------
THIS AGREEMENT is dated for identification this ls' day of November 28!'§9ioo-is-mads by aud.- between TOWN OF LOS GATOS. a California municipal corporation. ("Town") and Walter Levison, Consulting Arborist, ("ConsultanC). whose address is 165 Linda Vista, Millbrae, CA 94030. This Agreement is made with reference to the following facts.

I. RECITALS
l.1 Town has a need for consulting arborist services for evaluation of trees on properties within the Town of Los Gatos.

1.2 Town desires to engage a certified arborist to review, analyze, and comment on development project plans; prepare technical analyses and reports; conduct peer review of outside arborist reports and attend public meetings as needed.

1.3 Consultant represents and affirms that he is qualified and willing to perform the desired work pursuant to this Agreement.

H. AGREEMENTS

2.1 Scope of Services. Consultant shall provide the services listed below.

Administrative Duties
When needed by Town, assess the potential impacts to trees associated with proposed development and redevelopment projects. This shall include evaluating plans for development proposals, reviewing arborist reports and/or identifying mitigation measures and recommending preservation measures and conditions of approval. a. When needed by Town, work on special studies or projects including but not limited to: preparation of a checklist for content of arborist reports for application packets, emergency response and coordination, review of tree removal permits that have been denied and appealed, and review of landscape plans for hillside homes, Planned Developments, and/or commercial projects.
b. When needed by Town, conduct field investigations, studies, and prepare reports related to tree removals and impacts from proposed construction, and develop recommendations for mitigation and preservation measures. c. When needed by Town, assist in the establislunent and subsequent modification of Town's tree and landscape related ordinances, design guidelines, policies, and development fees.
d. When needed by Town, attend meetings with Town staff, public officials, community leaders, developers, contractors, and the general public.

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ATTACHMENT 2

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e. When needed by Town, advise, support, and assist Town departments, committees, commissions, and Town Council. In addition, act as a liaison between Town and Federal, State, and Regional agencies.
f When needed by Town, attend Town Council, Planning Commission, and special study session meetings when tree and/or landscaping issues and project applications with tree removals, impacts to trees and/or landscape plans are being considered. g. As requested by Town, provide copies of draft and final draft work products of reports and studies prepared for Town. Consultant shall provide electronic file copies of these documents as needed.

Other Miscellaneous Services
The Town may occasionally have the need for other services not specifically listed in this document that the consultant has the necessary experience and capabilities to provide.

Town or Redevelopment Agency may authorize consultant to perform such selected services on an as-needed basis.

2.2 Time of Performance. Consultant shall perform the services described in this agreement as follows: The services of Consultant are for a five year period that will commence upon the execution of the contract. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 30 days· notice, prior to the cancellation or expiration of the contract.

2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal,. state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant 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. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant 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

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Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further a&'!"ees that it will not appropriate any methodology or technique of Consultant which is and has been confinned in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed the established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached hereto and incorporated herein by reference. 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 9503 1-0655

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

Consultant shall make these records available to authorized personnel of the Town at the Consultant's 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 Consultant. 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 Consultant, 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 Consultant may perform some obligations under this A!,,'feement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

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2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant 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. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this perfonnance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its pe1forrnance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

2. I 2 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant 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

3. I Minimum Scope of Insurance:

1. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her film 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.

11. Consultant 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. 11i. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
1v. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $I ,000,000 which is sufficient to insure Consultant for professional errors or omissions in the perfonnance of the particular scope of work under this agreement.

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General Liability:

I. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability mising out of activities perfonned by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional e1TOrs and omissions.

H. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or selt:insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insura11ce and shall not contribute with it.
ui. Any failure to comply with reporting prov1s10ns of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
1v. The Consultant'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. It is understood that Consultant currently has no employees. If employees are hired in the future, Consultant shall obtain and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town. Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

3.4 Indemnification. The Consultant 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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

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IV. GENERAL TERMS

4. J 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 Tennination of Agreement. The Town and the Consultant shall have the right to tenninate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of te1mination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant 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 tennination.

4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in w1iting and signed by the Town and the Consultant.

4.5 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.

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

To Town:

Joel S. Paulson
Planning Manager
Town of Los Gatos
J IO E. Main Street
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879
E-mail; [email protected]
To Consultant:

Walter Levison
Consulting Arborist
165 Linda Vista
Millbrae, CA 94030
Phone: (415) 203-0990
E-mail: [email protected]
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect to the Products or Services and any attachments to this Agreement, then the te1ms and conditions of this Agreement shall prevail over attachments or other writings.

4.8 Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No tenns, 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.

In WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos
~,J~1~.:gcr Town of Los Gatos
Department Approval:

Planning Manager
Consultant:

Walter Levison
Consulting Arborist

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ISA Qualified Tree Risk Assesso: ASCA Reaistered Cansultina Arbonst #401 !SA Certified Arborist #WC.3172

1. 2.

3. 4.

5. 6.

7. CONSUL TING RATES

WALTER LEVISON, CONSULTING ARBORIST
1/1/2015 to 12/31/2015

INITIAL CONTACT I ORAL CONSULTING
MINIMUM 2 HOUR PER-CLIENT CHARGE
$280 ($140 x 2)
(COVERS UP TO 1 HOUR OF TRAVEL. AND
1 HOUR ON SITE )

STANDARD CONSUL TING SERVICES
(ALL FIELD, OFFICE, & DRIVING TIME.

PORTAL TO PORTAL).

HAZARD TREE ASSESSMENT, TREE $140/HR

INVENTORY, CONSTRUCTION

MONITORING, SPECIES SELECTION,

MONETARY VALUATION (APPRAISAL),

ARBORIST REPORTS, TREE PROTECTION
AND MANAGEMENT PLANS, ETC.

SPECIAL CONSUL TING SERVICES
$280/HR DURING USE OF MACHINE RESISTOGRAPH: ADVANCED DECAY $140/HR REGULAR FIELD AND OFFICE DETECTION AND ANALYSIS USING A

RESISTOGRAPH MICRODRILLING DEVICE HOURS

WITH DIGITAL GRAPH OUTPUT

RUSH CONSULTING SERVICES
TIME TO COMPLETION OF SMALLER JOB $280/HR WRITTEN WORK PRODUCT IS TYPICALLY 24 TO 96 HOURS FROM DATE OF
CONTRACT SIGNING.

MUNICIPAL CONSULTING SERVICES $140/HR
(CONTRACT CITY ARBORIST SERVICES) MINIMUM 3 HOUR DAILY CHARGE ($420). (ALL FIELD, OFFICE, & DRIVING TIME, EVENING MEETINGS:

PORTAL TO PORTAL). MINIMUM 4 HOUR CHARGE ($560.)

SUBCONSUL TING UNDER OTHER (NEGOTIABLE) CONSUL TING ARBORISTS

LEGAL CONSUL TING SERVICES
(FORENSIC TREE FAILURE ASSESSMENTS, $180 to $350/HR (NEGOTIABLE)

DEPOSITIONS, ATTENDANCE OF
MEDIATION HEARINGS, ETC.)
---~
1 of 1
Cell 415-203-0990 I Email driree1&sbcqlobal net

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DATE:

TO:

FROM:

SUBJECT:

COUNCIL AGENDA REPORT
OCTOBER 13, 2015

MAYOR AND TOWN COUNCIL
MEETING DA TE: 10/20/15
ITEMNO. 3
LAUREL R. PREVETTJ, TOWN MANAGER .fJN11,,,.,, J, , &t!a£lJev./, r·ZJui~~L ;Juv<Rfi., AUTHORIZE THE TOWN MANAGER TO EXECUTll AGREEMENTS

WITH DEBORAH ELLIS AND WALTER LEVISON TO PROVIDE
SERVICES AS CONSULTING ARBORISTS TO THE TOWN.

RECOMMEND A TJON:

Authorize the Town Manager to execute agreements with Deborah Ellis and Walter Levison to provide services as Consulting Arborists to the Town.

BACKGROUND:

The Town Arborist assists Town staff and Town decision makers in the application review process for most discretionary development projects, providing necessary infomiation on existing tree health and suitability for retention, potential impact to existing trees, and necessary mitigation measures to protect existing trees. The arborist also assists in reviewing appeals of tree removal permits. Currently, Deborah Ellis and Arbor Resources are the Town's arborists.

The Town recommends two arborists so there is a backup.

On August 17, 2015, the Town distributed a Request for Qualifications (RFQ) for a consulting arborist. Four proposals were received and reviewed by staff. The four applicants were all qualified to provide consulting arborist services to the Town. However, staff concluded that Deborah Ellis and Walter Levison were qualified and reasonably priced to provide services to meet the needs of the Town as described in this report. The two arborists who were not selected were Arbor Resources and Monarch Consulting. Arbor Resources had a higher hourly rate and Monarch Consulting had a higher hourly rate, longer turnaround time, and the least experience.

PREPARED BY: JOEL S. PAULSON "} /J /,/' /J
Planning Manager ~ /~
Reviewed by: '-+='l\ssistant Town M ager __ Town Attorney \II" Finance N:\MGR\AdminWorkFiles\2015 Council Reports\Oct.0ber 20\arborist.doc PM
Refoimattcd: 5/30/02 Revised: 10115/15 2:14

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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 1st day of November, 2020, by and between the Town of Los Gatos, State of California, herein called the “Town,” and Walter Levison, Consulting Arborist, herein called the “Consultant.”

RECITALS
A. The Town and Consultant entered into an Agreement dated November 1, 2015 to provide services for evaluation of Trees on properties within the Town of Los Gatos (Attachment A).

B. The Town desires to extend the Agreement to April 30, 2022.

AMENDMENT

1. Time of Performance of the Agreement is hereby amended to provide that the term of the Agreement is extended to April 30, 2022.

2. All other terms and conditions of the Agreement dated November 1, 2015, remain in full force and effect.

IN WITNESS WHEREOF, the Town and Consultant have executed the First Amendment to Agreement as of the date indicated on page one (1).

Town of Los Gatos: Consultant: Walter Levison
By: ______________________________ By: ______________________________ Laurel Prevetti Walter Levison
Town Manager Consulting Arborist
Department Approval:
_____________________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________________
Robert Schultz
Town Attorney

ATTACHMENT 3

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PREPARED BY: Tania Maheu
Administrative Analyst

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

ǣͳͳȀͳ͹ȀʹͲʹͲ

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DATE: November 5, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment Agreement for Consultant Services with Walter Levison for Arborist Services.

RECOMMENDATION:

Authorize the Town Manager to execute a First Amendment Agreement for Consultant Services with Walter Levison for arborist services (Attachment 1).

BACKGROUND:

The Town Consulting Arborists assist Town staff and Town decision-makers in the application review process for most discretionary development projects. Consulting Arborists provide necessary information on existing tree health and suitability for retention, potential impacts to existing trees, and necessary mitigation measures to protect existing trees. The Consulting Arborists also assist in reviewing appeals of tree removal permits. Currently, Walter Levison and Monarch Consulting Arborists are the Town’s Consulting Arborists.

DISCUSSION:

The original 2015 Agreement (Attachment 2) was for a 5-year term. During the original term of this Agreement, the Monarch Consulting Arborists Agreement was executed on May 1, 2017, for a 5-year term which exceeded the expiration date of the original Walter Levison Agreement.

The proposed Walter Levison First Amendment would extend the agreement term to coincide with the expiration of the Monarch Consulting Arborists Agreement. This will allow the Request for Proposal (RFP) process for future consulting arborists to take place at the same time.

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2 2

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CONCLUSION:

Staff recommends that the Council authorize the Town Manager to execute a First Amendment Agreement for Consultant Services with Walter Levison for arborist services.

COORDINATION
The draft agreement was prepared in coordination with the Town Attorney.

FISCAL IMPACT:

There is no fiscal impact as the cost for Consulting Arborist services are paid by the applicant/property owner.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft First Amendment Agreement with Walter Levison

2. Original 2015 Agreement

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Walter Levison, Consulting Arborist First Amendment to Agreement

AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 1st day of November, 2020 and amends that certain Agreement for Consultant Services dated November 1, 2015, made by and between the Town of Los Gatos ("Town") and the Walter Levison, Consulting Arborist (“Consultant”).

RECITALS
A. The Town and Consultant entered into an Agreement dated November 1, 2015 to provide services for evaluation of trees on properties within the Town (Attachment A).

B. The Town desires to extend the Agreement to April 30, 2022.

AMENDMENT

1. Time of Performance of the Agreement is hereby amended to provide that the term of the Agreement is extended to April 30, 2022.

2. All other terms and conditions of the Agreement dated November 1, 2015, 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 Walter Levison, Consulting Arborist Department Approval:
_______________________________________
Joel Paulson
Community Development Director
Approved as to Form: Attest:
______________________________ ______________________________ Robert Schultz, Town Attorney Shelley Neis, Town Clerk
ATTACHMENT 1

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PREPARED BY: Tania Maheu
Administrative Analyst
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: 05/03/2022
ITEM NO: 8
DATE: April 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to an Agreement for Consultant Services with Monarch Consulting Arborists LLC for Two Months.

RECOMMENDATION:

Authorize the Town Manager to execute a First Amendment to an Agreement for Consultant Services with Monarch Consulting Arborists LLC for two months (Attachment 1).

BACKGROUND:

DISCUSSION:

The original 2017 Agreement (Attachment 2) was for a five-year term with an expiration in April 2022. This two-month extension of the term of the Monarch Consulting Arborists LLC Agreement is being requested to coincide with the end of the fiscal year. Additionally, the extension will allow time for Town staff to complete the process of reviewing submittals received in response to the Request for Qualifications (RFQ) for Consulting Arborist services.

Staff will provide a recommendation on Consulting Arborists for Town Council consideration in June.

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PAGE 2 OF 2
SUBJECT: Monarch Consulting Arborists LLC First Amendment DATE: April 28, 2022
CONCLUSION:

Staff recommends that the Council authorize the Town Manager to execute a First Amendment to the Agreement for Consultant Services with Monarch Consulting Arborists LLC.

COORDINATION:

The draft First Amendment was prepared in coordination with the Town Attorney.

FISCAL IMPACT:

There is no fiscal impact as applicants pay for these services for their individual projects.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Monarch Consulting Arborists LLC First Amendment

2. Original 2017 Agreement

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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 1st day of May, 2022, by and between the Town of Los Gatos, State of California, herein called the “Town,” and Monarch Consulting Arborists LLC, herein called the “Consultant.”

RECITALS
A. The Town and Consultant entered into an Agreement dated May 1, 2017 to provide services for evaluation of Trees on properties within the Town of Los Gatos (Attachment 2).

B. The Town desires to extend the Agreement to June 30, 2022.

AMENDMENT

1. Time of Performance of the Agreement is hereby amended to provide that the term of the Agreement is extended to June 30, 2022.

2. All other terms and conditions of the Agreement dated May 1, 2017, remain in full force and effect.

IN WITNESS WHEREOF, the Town and Consultant have executed the First Amendment to Agreement as of the date indicated on page one (1).

Town of Los Gatos: Consultant:

By: ______________________________ By: ______________________________ Laurel Prevetti Richard Gessner
Town Manager Consulting Arborist
Department Approval:
_____________________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________________
Robert Schultz
Town Attorney
Approved as to Form:
_____________________________________
Shelley Neis, MMC,CPM
Town Clerk

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.AGR ---..;;..;:�
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification this 1
st day of May 2017 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Monarch Consulting Arborists LLC, ("Consultant"), whose address is P .0. Box 1010, Felton, CA 95018. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town has a need for consulting arborist services for evaluation of trees on properties within the Town of Los Gatos.

1.3 Consultant represents and affirms that he is _qualified and willing to perform the desired work pursuant to this Agreement.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide, if available, the services listed below.

Administrative Duties
When needed by Town, assess the potential impacts to trees associated with proposed development and redevelopment projects. This shall include evaluating plans for development proposals, reviewing arborist reports and/or identifying mitigation measures and recommending preservation measures and conditions of approval. a. When needed by Town, work on special studies or projects including but not limited to: preparation of a checklist for content of arborist reports for application packets; emergency response and coordination; review of 1:ree removal permits that have been denied and appealed; and review of landscape plans for hillside homes, Planned Developments, and/or commercial projects. b. When needed by Town, conduct field investigations, studies, and prepare reports related to tree removals and impacts from proposed construction, and develop recommendations for mitigation and preservation measures. c. When needed by Town, assist in the establishment and subsequent modification of Town's tree and lan�scape related ordinances, design guidelines, policies, and development fees.

Pagel of 8
ATTACHMENT 2

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d. When needed by Town, attend meetings with Town staff, public officials, community leaders, developers, contractors, and the general public. e. When needed by Town, advise, support, and assist Town departments, committees, commissions, and Town Council. In addition, act as a liaison between Town and Federal, State, and Regional agencies.
f. When needed by Town, attend Town Council, Planning Commission, and special study session meetings when tree and/
or landscaping issues and project
applications with tree removals, impacts to trees, and/ or landscape plans are being
considered.
g. As requested by Town, provide final work products of reports and studies prepared for Town. Consultant shall provide electronic file copies of these documents as needed.
h. Consultant discloses that arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Since trees are living organisms, conditions are often hidden within the tree and·below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specific period of time.

Likewise, remedial treatments cannot be guaranteed. No warranty, representation or guarantee, express or implied, is intended by Consultant.

Other Miscellaneous Services
The Town may occasionally' have the need for other services not specifically listed in this document that the consultant has the necessary experience and capabilities to provide.

Town may authorize consultant to perform such selected S!;!rvices on an as-needed basis.

2.2 Time of Performance. Consultant shall perform the services described in this agreement as follows: the services of Consultant are for a five year period that will commence upon the execution of the contract; should Town not renew a contract, the award and authorization of the contract shall automatically expire; and Town shall give Consultant at least 30 days' written notice, prior to the cancellation or expiration of the contract.

2.3 2.4
Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state, and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

Sole Responsibility. The Town shall inform Consultant of any other work it has undertaken relating to the purpose for which Consultant has been retained and the Town shall provide Consultant with any documentation the Town may have acquired regard in�

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2.5 the relevant issues. When applicable, especially relating to the treatment, pruning and/or removal of trees, it is the Town's responsibility to inform Consultant of any issues regarding property boundaries, property ownership, site lines and other related issues._ Consultant shall be responsible for employing or engaging all persons necessary to perform Consultant's services under this Agreement, unless mutually agreed upon otherwise between Consultant and the Town. Consultant is not responsible for the completion or quality of work that is depend.ent upon or performed by the Town or third parties not under the direct control of Consultant, nor is Consultant responsible for their acts or omissions or for any damages resulting therefrom.

Information/Report Handling. All documents furnished to Consultant by the Town and all final reports prepared by the Consultant under this Agreement are for the exclusive use of the Town for the project specified therein and shall be delivered to the Town upon the completion of Consultant's . services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project. No other use is authorized under this agreement._Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shal1 be solely at Town's risk,. The Town releases Consultant and Consultant's officers, directors, shareholders, employees, agents, affiliates, successors and assigns from liability and agrees to defend, indemnify and hold harmless Consultant from any and all demands, causes of action, judgments, damages, suits, injuries, claims, liabilities, costs, losses and expenses, including reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, arising, in whole or in part, from such unauthorized distribution._Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed the established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached hereto and incorporated herein by reference. However, Consultant's rates are subject to change during the five year period of this Agreement and any renewal periods.

Consultant shall provide thirty (30) days prior written notice to the Town of any rate change. If a rate change cannot be agreed upon within 30 (thirty) days of such notice, either party may exercise its termination right under Section 4.3 below. 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.

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

2.10 Independent Contractor. It is understood that the Consultant, 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 Consultant 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. Consultant agrees to make its best efforts to be available to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant 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 Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.

2.11 Conflict of Interest. Consultant understands that it has a professional responsibility to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant 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, Consultant warrants that it does not knowingly have any active agreement that is in conflict with any of the provisions of this Agreement. Consultant discloses that it represents San Jose Water Company in matters and The Town understands and acknowledges that Consultant will continue to represent San Jose Water Company. If Consultant acquires any direct or indirect interest adverse to those of the Town in the subject of this Agreement, it shall promptly inform Town of such and either party may exercise its termination right under Section 4.3 below. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in th is pe rf o rma nee of th is Agreement. If after @

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employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and either party may exercise its termination right under Section 4.3 below. Other than as noted above, Consultant certifies that Consultant does not currently have any outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude Consultant from complying with the provisions hereof. If Consultant enters into any conflicting agreement during the term of this Agreement, it shall promptly inform Town of such and either party may exercise its termination right under Section 4.3 below.

2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant 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.

3.1 Ill. INSURANCE AND INDEMNIFICATION
Minimum Scope of Insurance.
i. Consultant 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. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring 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. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

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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 Consultant; products :and completed operations of Consultant; and premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant'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 offic'ers, officials, employees or volunteers shall be excess of the Consultant'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 Consultant'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.

3.3 Workers' Compensation. It is understood that Consultant currently has no employees. If

3.4 employees are hired in the future, Consultant shall obtain and maintain Workers' Compensation insurance as required by Calif,ornia law and shall provide evidence of such policy to the Town. Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

Indemnification. The Consultant 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 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. The Town shall save, keep, hold harmless, and indemnify and defend the Consultant, 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 (@

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4.1 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 Town, or any of the Town's officers, employees, or agents or any subconsultant. . IV. GENERAL TERMS
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.

4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) w,-itten notice of termination. In the event of termination, the Consultant shall deliver to the Town all documents furnished to Consultant by the Town and all final reports prepared by the Consultant under this Agreement. In the event of such termination, Town shall pay Consultant 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 mutually adjusted in light of the particular facts and circumstances involved in such termination. The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement.

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

4.5 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.

4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed by first class certified mail, and addressed to:

To Town:

Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879
E-mail: [email protected]
To Consultant:

Richard Gessner
Monarch Consulting Arborists LLC
P.O. Box 1010
Felton, CA 95018
Phone: (831) 331-8982
E-mail: [email protected]

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or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect to 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.

4.8 Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and exclusive statement of the Agreement between the Town c:1nd Consultant. 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.

In WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos
Laurel R. Prevetti, Town Manager
Town of Los Gatos
Department Approval:

Community Development Director
Approved as to Form:

Robert W. Schultz
Town Attorney
Consultant:

Monarch Consulting Arborists LLC

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December 13, 2016
Monarch Consulting Arborists LLC
P.O. Box 1010
Basic Rate Sheet and Services

HOURLY RATE
Felton, CA 95018
831. 331. 8982
VALUE
General consulting services ...................................................................... $225.oo/Hour Hourly rate= $22;.oo per hour for general arborist's reports including tree protection guidelines for construction and development projects. Contracts can be billed hourly, contract price, or on a "not to exceed" basis.

RISK ASSESSMENTS AND APPRAISALS
VALUE
Tree Risk Assessment.. ........................................................................... $225.oo/Hour Tree AppraisalNaluation ........................................................................... $225.00/Hour Single tree Risk Assessment or Appraisal reports starting at $675- oo. Multi-tree assessments can be billed hourly, contract price, or on a "not to exceed" basis.

TREE INVENTORY AND MAPPING VALUE
Tree inventory and mapping ...................................................................... $225.oo/Hour Includes management recommendations starting at $675-oo.

PEST AND DISEASE DIAGNOSIS AND TREE MANAGEMENT PLANS
VALUE
Pest and disease diagnosis and recommendations .................................. $225.00/Hour Needs assessment - Tree pruning, removal, water management, fertilization, spraying, and general campus management plans .................................................... $225.oo/Hour Initial assignments will be determined prior to site visit and are subject to rate change. Written documentation will be produced for all services. Charges for ancillary services provided will apply, including but not limited to, overnight courier or mail service, messenger deliveries, facsimile and photocopy services. Any and all quotes are merely estimates and are not are not a maximum or fixed-fee quotation. All rates are subject to change within the absolute and sole discretion of Monarch Consulting Arborist LLC. Travel billed at $225-00 per hour plus milage.

Expert witness and legal assistance work rates will be provided upon assignment request.

Rick Gessner, Monarch Consulting Arborists LLC, 831.331.8982, [email protected] ISA Board Certified Master Arborist WE-434rB/ASCA Registered Consulting Arborist® #496 www.monarcharborist.com EXHIBIT A

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DATE:

TO:

FROM:

SUBJECT:

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
DECEMBER 13, 2016

MAYOR AND TOWN COUNCIL

LAUREL PREVETTI, TOWN MANAGER
MEETING DATE: 12/20/2016
ITEM NO: 6

AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH

MONARCH CONSUL TING ARBORISTS LLC TO PROVIDE SERVICES AS A CONSUL TING ARBO RIST TO THE TOWN.

RECOMMENDATION:

Authorize the Town Manager to execute an agreement with Monarch Consulting Arborists LLC to provide services as a Consulting Arborist to the Town.

BACKGROUND:

The Town's Consulting Arborists assist Town staff and Town decision makers in the application review process for most discretionary development projects, providing necessary information on existing tree health and suitability for retention, potential impact to existing trees, and necessary mitigation measures to protect existing trees. The Consulting Arborist also assists in reviewing appeals of tree removal permits. Currently, Deborah Ellis and Walter Levison are the Town's Consulting Arborists.

On August 17, 2015, the Town distributed a Request for Qualifications (RFQ) for a consulting arborist.

Four proposals were received and reviewed by staff. The four applicants were all qualified to provide consulting arborist services to the Town. On October 20, 2015, Town Council authorized the Town Manager to execute agreements with Deborah Ellis and Walter Levison. Deborah Ellis informed the Town that she will be retiring on December 31, 2016. Staff recommends continuing to retain two Consulting Arborists which necessitates the execution of an agreement with the next qualified arborist from the original RFQ submittals.

PREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 • 408-354-6832
www.losgatosca.gov

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PAGE 2 OF 2
SUBJECT: AGREEMENT WITH MONARCH CONSUL TING ARBORISTS LLC DECEMBER 13, 2016
DISCUSSION:

The Consulting Arborists serve in a similar capacity to other Town development review consultants such as the consulting architect, and geotechnical and environmental consultants.

Specifically, typical tasks that the Consulting Arborist may provide include the following:
• Site analysis and preparation of reports for proposed development projects • Peer review of arborist reports submitted by applicants • Review of landscape plans for hillside development, Planned Developments, and/or commercial projects
• Review of trees that are the subject of an appeal of a denied tree removal permit • Review and update of the Tree Preservation Ordinance and the Hillside Development Standards & Guidelines landscape and tree preservation criteria • Inspection of tree protection fencing
• Construction monitoring
• Attendance at public hearings
CONCLUSION:

Staff recommends that the Town continue to retain two Consulting Arborists so that there is a backup. Based on the qualifications of Monarch Consulting Arborists LLC, staff recommends that the Town Council authorize the Town Manager to execute an agreement with Monarch Consulting Arborists LLC to serve as one of the Consulting Arborists for the Town.

FISCAL IMPACT:

Arborist assessment is a cost recovery activity as part of the development review process.

Applicants pay a fee to the Town to cover the consultant costs to prepare arborist documents.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Draft Consulting Arborist Agreement for Monarch Consulting Arborists LLC (includes Exhibit A)
Distribution:

Richard Gessner, Monarch Consulting Arborist LLC, P.O. Box 1010, Felton, CA 95018 S:\COUNCIL REPORTS\2016\12-20-16\06 Arborist Agreement\06 Staff Report FINAL.doc 12/15/2016 9:50 AM SR

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PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim 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: 5/3/2022
ITEM NO: 9
DATE: April 20, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2022/23 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 RECOMMENDATION:

Adopt a resolution (Attachment 1) to adopt a list of projects for Fiscal Year (FY) 2022/23 funded by the State Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017.

BACKGROUND:

SB 1, the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is intended to enable cities and counties to better address significant maintenance, rehabilitation, and safety needs on their local street systems. Maintenance and rehabilitation projects are used to extend the serviceable life of streets. The Town will receive an estimated $669,856 in Road Maintenance and Rehabilitation Account (RMRA) funding through SB 1 in FY 2022/23.

Built into the Road Repair and Accountability Act are accountability and transparency measures, including a requirement that all projects proposed to receive RMRA funding to be adopted by the applicable governing body at a regular meeting. To comply, the Town must adopt a resolution with a list of projects in the upcoming fiscal year proposed to receive RMRA funding, including a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

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PAGE 2 OF 3
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2022/23 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 DATE: April 20, 2022
DISCUSSION:

For projects in consideration to receive RMRA funding, staff recommends Town road segments that carry heavier traffic loads and volumes, such as arterials that may involve more design scope and construction work to repair and maintain compared to other local roadways. Staff has identified the following project segments previously adopted and newly proposed for SB 1 funding in need of street repair and maintenance in FY 2022/23 and upcoming years:

Location Description Scheduled
Start and
Completion
Estimated
Useful Life
Union Avenue from Blossom
Hill Road to Los Gatos-Almaden
Road
Placement of rubber cape seal or
overlay to maintain pavement
surface. This is an arterial road and is
critical for transit needs in the Town.

Spring 2022
to Fall 2023
10 - 25
years
Pollard Road from Quito Road
to W. Parr Avenue
Placement of rubber cape seal or
overlay to maintain pavement
surface. This is an arterial road and is
critical for transit needs in the Town.

Spring 2022
to Fall 2023
10 - 25
years
E. Main Street from Jackson
Street to Maple Place
Placement of rubber cape seal or
overlay to maintain pavement
surface. This is a collector road and is
critical for transit needs in the Town.

Fall 2022 to
Fall 2023
10 - 25
years
The required work on the identified streets may exceed the available SB 1 funding. Funding from other sources would be required to complete the projects, such as the General Fund Appropriated Reserves (GFAR) and the voter-approved 2016 Measure B.

Modifications to the SB 1 funding project list are permitted, and staff may recommend modifications when greater needs for funding emerge, for example, due to winter weather impacts. Staff will return with the final proposed project list for FY 2022/23 for Council’s approval prior to advertising for construction bid. Construction for the FY 2022/23 Street Repair and Resurfacing project is anticipated to start in the spring or summer of 2023.

One important element associated with SB 1 is a continued maintenance of effort (MOE) requirement. The MOE requirement means that local funding for routine street maintenance must not be less than the average of the three base years (2009/10 – 2011/12) as set by SB 1.

The State continues to refine the calculation and reporting requirements for the MOE, and it would be important for the Town to sustain historic maintenance funding levels into the future to avoid risking loss of the annual RMRA appropriation.

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PAGE 3 OF 3
SUBJECT: Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2022/23 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017 DATE: April 20, 2022
CONCLUSION:

Adoption of the recommended resolution would meet with the SB 1 RMRA funding requirement for proposed project list to allow the continuation of the Town’s roadway maintenance through the Capital Improvement Program.

FISCAL IMPACT:

The Town’s Proposed FY 2022/23-2026/27 Capital Improvement Program has already included the estimated funds in the Street Repair and Resurfacing project. This action will have no effect on the Town’s budget and only identifies the specific streets.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. SB 1 Resolution

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1 of 3
Resolution 2022- May 3, 2022
ATTACHMENT 1
RESOLUTION 2022-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/23 FUNDED BY THE STATE SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the Town are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the Town must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the Town, will receive an estimated $669,856 in RMRA funding in Fiscal Year 2022/23 from SB 1; and
WHEREAS, this is the sixth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the Town’s streets and roads are in a fair condition and this revenue will help

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2 of 3
Resolution 2022- May 3, 2022
ATTACHMENT 1
increase the overall quality of the road system and over the next decade will bring Town streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED: The foregoing recitals are true and correct, and the following list of projects previously adopted and newly proposed will be funded in-part or solely with Fiscal Year 2022/23 Road Maintenance and Rehabilitation Account revenues:

Location Description Scheduled
Start and
Completion
Estimated
Useful Life
Union Avenue from Blossom Hill
Road to Los Gatos-Almaden Road
Placement of rubber cape seal or overlay
to maintain pavement surface. This is an
arterial road and is critical for transit
needs in the Town.

Spring 2022
to Fall 2023
10 - 25 years
Pollard Road from Quito Road to
W. Parr Avenue
Placement of rubber cape seal or overlay
to maintain pavement surface. This is an
arterial road and is critical for transit
needs in the Town.

Spring 2022
to Fall 2023
10 - 25 years
E. Main Street from Jackson
Street to Maple Place
Placement of rubber cape seal or overlay
to maintain pavement surface. This is a
collector road and is critical for transit
needs in the Town.

Fall 2022 to
Fall 2023
10 - 25 years

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3 of 3
Resolution 2022- May 3, 2022
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of May of 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: __________________

Page 127 ends

PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim 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: 05/03/2022
ITEM NO: 10
DATE: April 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush RECOMMENDATION:

Adopt a resolution (Attachment 1) declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 21, 2022 as a public hearing to consider objections to the proposed removal of brush.

BACKGROUND:

The Santa Clara County Fire Department implements and manages a hazardous brush abatement program for the Wildland Urban Interface (WUI) areas (hillside areas) within its jurisdictional boundaries, which includes the incorporated areas of Los Gatos, to ensure appropriate defensible space for structures.

The Town annually adopts the Hazardous Vegetation (Brush) Abatement Program and works with the County who serves as the enforcement agent and conducts their own inspections.

In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. If properties are found to not be in compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. If compliance is still not achieved by approximately the end of June each year, a contractor is authorized to perform the necessary work.

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PAGE 2 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 26, 2022
BACKGROUND (continued):

The costs associated with the abatement work are then placed on the property tax bill for that parcel.

DISCUSSION:

In February of 2022, the Santa Clara County Fire Prevention Division notified property owners located within the designated Wildland Urban Interface (WUI) area of the requirement to comply with the enforced safety regulations related to flammable vegetation abatement (Attachment 2).

At the time of the notice, property owners were given the option to complete the required work themselves, hire their own contractor, or elect to schedule the Town of Los Gatos’ authorized contractor to perform the work.

Below is the scheduled outline for the 2022 hazardous brush abatement program:

February 2022 The 2022 Brush Abatement Program letters are mailed to property owners.

April 1, 2022 Santa Clara County Fire Department (SCCFD) begins conducting the first property inspections. A door hanger describing the enforced safety regulations is placed at the property and a copy is mailed to the property owner’s mailing address.

May 3, 2022 Town Council adopts a Resolution declaring hazardous vegetation (brush) a public nuisance and sets June 21, 2022 as a public hearing to consider objections to the proposed removal of brush.

May/June 2022 SCCFD begins conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. Property owners who are not in compliance at the time of re-inspection will be identified and notice will be sent to the property owners providing information about the June 21st public hearing. The Town publishes notices at least 10 days prior to the public hearing.

June 21, 2022 Town Council conducts a public hearing to consider objections to the proposed removal of hazardous vegetation (brush) of declared noncompliant parcels and orders the abatement of the nuisance by the Town’s authorized contractor.

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PAGE 3 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 26, 2022
DISCUSSION (continued):

June 2022 After the June 21st public hearing, an additional inspection of all identified properties listed on the report will be conducted prior to the Town’s authorized contractor performing any abatement work. If the property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be performed, and no charges will be imposed.

July 2022 The County provides the Town with an assessment list of charges for work that ultimately was performed by the contractor. If there are no proposed charges, no additional public hearing is required.

August 2, 2022 In the event a list of assessed charges is provided to the Town in July, the Town Council will conduct a public hearing on the hazardous vegetation (brush) abatement charges and adopt a resolution confirming or modifying assessments.

August 3, 2022 The Town submits a list of charges as a special assessment to the County Tax Collector.

CONCLUSION:

COORDINATION:

This program is coordinated with the Santa Clara County Fire Department.

FISCAL IMPACT:

The costs associated with abatement work are placed on the property tax bill for that parcel.

Funds are provided in the FY 2021/22 Budget (Program 5101) to cover the cost of publishing the legal notice for the June public hearing.

ENVIRONMENTAL ASSESSMENT:

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

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PAGE 4 OF 4
SUBJECT: Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 21, 2022 as a Public Hearing to Consider Objections to the Proposed Removal of Brush
DATE: April 26, 2022
Attachments:

1. Resolution declaring hazardous vegetation (brush) a public nuisance, ordering abatement, and setting June 21, 2022 as a public hearing to consider objections to the proposed removal of brush (includes Exhibit A).

2. Letters sent to property owners within the Wildland Urban Interface (WUI) area.

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1 of 3
Resolution 2022 - May 3, 2022
RESOLUTION 2022-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

DECLARING HAZARDOUS VEGETATION (BRUSH) A PUBLIC NUISANCE, ORDERING ABATEMENT, AND SETTING JUNE 21, 2022 AS A PUBLIC HEARING TO CONSIDER

OBJECTIONS TO THE PROPOSED REMOVAL OF BRUSH
WHEREAS, Sections 39560 and following of the Government Code of the State of California authorize the Town of Los Gatos to declare that hazardous vegetation (brush) growing to such size and such type and in such locations as to constitute a fire hazard to the community may be declared a public nuisance and to compel owners, lessees, or occupants of buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, or lots to remove or abate the hazardous vegetation (brush) to mitigate the fire hazard from such buildings, grounds, property, and adjacent sidewalks and parkways, and upon the person's failure to do so, to remove or abate such hazardous vegetation (brush) at the owner's expense, making the cost of that abatement a lien upon the property; and
WHEREAS, the Town of Los Gatos has entered into an agreement with the County of Santa Clara to provide hazardous vegetation (brush) abatement services; and WHEREAS, the maintenance of hazardous vegetation (brush) in violation of the Uniform Fire Code adopted by the Town of Los Gatos within the Wildland Urban Interface Fire areas identified and shown on the map (Exhibit A) constitutes a public nuisance and should be abated immediately; and
ATTACHMENT 1

Page 132 ends

WHEREAS, the Santa Clara County Fire Department has mailed notices to property owners within the Wildland Urban Interface areas notifying them of the need to abate hazardous vegetation (brush) violations and explaining the steps necessary to correct such violations.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos, and the Town Council hereby finds that hazardous vegetation (brush) is a wood, perennial plant usually with multiple stems and trunks under ten feet in height and is indigenous to the hillside area. Hazardous vegetation (brush) is also known to have a high oil, high resin, or low moisture contention in their leaves and branches. Examples of this type of plant material include California Sagebrush, Greaswood or Chamise, Scotch Broom and Toyon. Unabated growth of hazardous vegetation (brush) upon and adjacent to private property within the hillside hazardous fire area and adjacent parkways and sidewalks is a public nuisance and should be abated. The Director of Parks and Public Works shall act as the Superintendent for purposes of giving notice, supervising performance of the agreement with the County of Santa Clara, and evaluating the costs of abatement.

BE IT FURTHER RESOLVED that the Town Clerk is directed to mail notice of this resolution to the persons designated by the Superintendent in conformance with the Government Code and publish notice of this resolution as provided in the Government Code.

BE IT FURTHER RESOLVED that unless the hazardous vegetation (brush) violations are corrected within the time specified in a written agreement with the Superintendent or the Superintendent's representative, the Town of Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots or lands from which or on which the

Page 133 ends

abatement actions occur, such expense to constitute a lien upon such lots or lands until paid, and to be collected upon the next real property tax roll upon which general municipal taxes are collected.

BE IT FURTHER RESOLVED that on the 21st day of June 2022, at a meeting of the Town Council beginning at 7:00 p.m. via publicly noticed teleconference in Los Gatos, CA, a public hearing will be held during which all property owners within the Wildland Urban Interface areas in the Town of Los Gatos having any objections to the proposed abatement of hazardous vegetation (brush) will be heard and given due consideration.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of May 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: __________________

Page 134 ends

Dear Property Owner,
The Santa Clara County Fire Department continues to focus on preparing residents and the community for the threat of wildfire. This year, SCCFD will be hosting several informative wildfire preparedness webinars with special presentations about Zonehaven, a powerful new tool to manage evacuations. Please see the enclosed flyer for more information.

Defensible space is essential to improve your home’s chance of surviving a wildfire. Defensible space is the buffer created around a structure when combustible vegetation is removed or reduced. This buffer is needed to slow or stop the spread of wildfire and can also protect your home from catching fire.

Your property is located in the Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area (WUI) and requires 100 feet of defensible space from all structures. Your area’s specific enforced safety regulations include:

Enforced Safety Regulations (Items A - F)
A. Create 100 feet of defensible space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line).

B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters.

C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops.

D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway.

E. Cover chimney outlets or flues with a 1/2” mesh spark arrester.

F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance.

Additional Safety Recommendations
• Create and maintain a 0 to 5 feet noncombustible zone around all structures, including decks. • Clear 10 feet around and 15 feet above fuels (e.g. woodpiles, lumber, scrap, etc.) Move woodpiles as far away as possible from all structures.
• Clear vegetation and other combustible material from underneath decks. Enclose elevated decks with fire-resistive materials.
• Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them.

For more info. about wildfire safety ordinances in Los Gatos, visit www.losgatosca.gov/2581/Be-Wildfire-Ready February 25, 2022

SANTA CLARA COUNTY FIRE DEPARTMENT
ATTN: FIRE PREVENTION DIVISION
14700 WINCHESTER BOULEVARD
LOS GATOS, CA 95032-1818
PLACE
STAMP
HERE
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
RE: <<APN>>
<<Property Address>>
<<APN>> <<TRA>> <<ZoneID>>/<<AccessKey>>
<<Owner Name>>
<<Owner Address>>
<<Owner City>>, <<Owner State>> <<Owner ZIP Code>>
Los Gatos 100 Feet
ATTACHMENT 2 Page 135
Owner Responsibilities:

1. You have the option to complete the required work yourself, hire your own contractor, or you may elect to schedule the authorized contractor to perform the work. If you choose to have the authorized contractor perform the work, the charges will appear on your next property tax bill.

2. Please either scan the QR Code below OR complete and return the attached information card to report the current status of your property before April 1, 2022.

Inspection Schedule:

On April 1, 2022, Santa Clara County Fire Department will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance.

On June 1, 2022, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. Properties must comply with the Enforced Safety Regulations (Items A, B, C and D) otherwise the compliance work will be completed by the Town of Los Gatos’ authorized contractor and the charges for this service will appear on your next property tax bill.

If you have questions regarding the safety compliance of your property, or you would like to schedule a courtesy property inspection, please contact the Fire Prevention Division at 408.378.4010.

Sincerely,
Hector R. Estrada, Deputy Chief
Fire Prevention Division
Resources and Information
Pacific Gas & Electric (PG&E): www.PGE.com • 800.743.5000 Services include courtesy gas appliance inspections, energy conservation, tree management and electrical safety near power lines Santa Clara County Fire Safe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Office of Emergency Management: www.SCCgov.org/sites/oes • 408.808.7800 Coordinates county-wide all hazards preparedness, including managing the AlertSCC Emergency Alert System (www.alertscc.org) United Policyholders: www.uphelp.org • [email protected]
Provides consumer-focused services to protect assets, build financial safety nets and access disaster recovery tools and resources Choose ONE:

1. Scan the QR code below with a smartphone camera to submit your response online OR

2. Complete and mail the attached information card below.

Evacuation Zone ID:

Private Access Key:

Or visit: bit.ly/WUIresponse2022
<<ZoneID>>
<<AccessKey>>
Option 1 - Respond Online
Option 2 - Respond by Mail
I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows:
□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2022. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □ I authorize the designated contractor to enter my property and clear all flammable vegetation to comply with the Enforced Safety Regulations. I understand the charges to complete this work will appear on my next property tax bill. □ I would like to schedule a courtesy inspection of my property with the Santa Clara County Fire Department for recommendations of the work needed to comply with the Enforced Safety Regulations. □ I am no longer the owner of this property.

Name (print clearly): ____________________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________________ □ There are no structures on this property.

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PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim 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: 05/03/2022
ITEM NO: 11
DATE: April 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program
RECOMMENDATION:

Authorize the Town Manager to execute a First Amendment to the Agreement (Attachment 1) with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program.

BACKGROUND:

The Santa Clara County Household Hazardous Waste (HHW) Program provides household hazardous waste disposal services to Town residents. The funding for this program is provided partially through landfill disposal fees (AB 939) and partially through an augmentation fee that the Town pays to cover the service used by Los Gatos residents. The Town receives designated revenue from its solid waste hauler, West Valley Collection and Recycling, to fully cover the cost of the augmentation fee. The HHW Program tracks resident activity and provides reports to Town staff to ensure adequate funding is available. The revenue and expenditures for this program are included in the Parks and Public Works Operating budget.

AB 939 allows for the establishment of fees to further recycling goals. The agreement executed in 2021 for the County-wide AB 939 Implementation Fee outlines the terms and conditions under which the County collects and distributes the $4.10 per ton fee assessed on waste disposal at each disposal facility within the County. These fees are used to fund HHW programs, as well as implementation of the Countywide Integrated Waste Management Plan.

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PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program
DATE: April 19, 2022
DISCUSSION:

The Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program is effective from July 1, 2021 through June 30, 2024 and was authorized at the May 4, 2021 Town Council meeting.

The First Amendment (Attachment 1) references the “up to” augmentation amount of $66,018 that was established in 2021 for the current Fiscal Year (FY) 21/22. The amendment is for the newly suggested “up to” augmentation amount of $64,552 for FY 22/23 and is based on participation trends.

Funds from these programs flow through the Town on a cost recovery basis.

CONCLUSION:

Authorize the Town Manager to execute a First Amendment to the Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program.

FISCAL IMPACT:

Funding of $51,117 is included in the Proposed FY 2022/23 Operating Budget for the Town’s augmentation. The FY 2022/23 estimated augmentation is $64,552. If the actual augmentation, typically determined in the fall, is higher than $64,552, staff will request a budget adjustment during the FY 2022/23 Mid-Year Budget Report.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program

2. Original Agreement for Countywide Household Hazardous Waste Collection Program

Page 138 ends

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the Town of Los Gatos (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, is hereby amended as set forth below.

The COUNTY and the CITY agree that:

1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:

Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $66,018 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $64,552 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

Attachment 1 Page 139
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

2. Attachment C-1 “HHW Schedule For Collection Events for Fiscal Year 2022/2023” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

COUNTY OF SANTA CLARA TOWN OF LOS GATOS
Signature: Signature:

Jeffery V. Smith
County Executive
Date:

APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:

APPROVED AS TO FORM:
___________________________
Robert Schultz, Town Attorney
Date:_______________________
Laurel Prevetti, Town Manager
Date:______________________

Page 140 ends

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023*
2022/Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent
Saturday 2 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Fri,Sat 8,9 San Martin Permanent
Thurs,Fri 14,15 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
August Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri,Sat 5,6 San Martin Permanent
Thurs,Fri 11,12 San Jose Permanent
Saturday 13 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Wed 31 San Jose Permanent
September Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Wed,Thurs,Fri 14,15,16 San Jose Permanent
Saturday 17 Santa Clara Temporary TBD
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Thurs,Fri 29,30 San Jose Permanent
October Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri,Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
November Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Wed, Thurs 9,10 San Jose Permanent
Fri 11 No Event No Event VETERANS DAY
Saturday 12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wednesday 23 San Jose Permanent
Thurs,Fri,Sat 24,25,26 No Event No Event THANKSGIVING
Wed 30 San Jose Permanent
December Thurs,Fri,Sat 1,2,3, San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Wed,Thurs 21,22 San Jose Permanent
Fri,Sat 23,24 No Event No Event CHRISTMAS
Wed,Thurs 28,29 San Jose Permanent
Fri,Sat 30,31 No Event No Event NEW YEAR'S DAY
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023*

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ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023* (Continued) 2023/Month Day Date Location Type of Event County Holidays/ Notes January Thurs,Fri,Sat 5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Wed,Thurs,Fri 11,12,13 San Jose Permanent
Saturday 14 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
March Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs,Fri 29,30,31 San Jose Permanent
April Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri 19,20,21 San Jose Permanent
Saturday 22 Los Altos Temporary TBD
Thurs,Fri 27,28 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Wed,Thurs,Fri 24,25,26 San Jose Permanent
Saturday 27 No Event No Event MEMORIAL DAY WEEKEND
June Thurs,Fri,Sat 1,2,3 San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Thurs,Fri 8,9 San Jose Permanent
Saturday 10 Milpitas Temporary TBD
Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Wed,Thurs,Fri 28,29,30 San Jose Permanent
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023-continued*

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 26

AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the County of Santa Clara (COUNTY) on the day of 2021.

RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and cities and towns participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024) on all wastes landfilled or incinerated within the County, received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County, or removed from any location in the county by any person or business for disposal or incineration outside the County; and DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B Town of Los Gatos
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 17th June
Attachment 2

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 26
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.

NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:

1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM with the County.

2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by the County as part of the AB939 Implementation Fee and collected and distributed in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this Agreement.

Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:

A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.

C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 26
households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation.

E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.

The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.

3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $3.75 per household for Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.

4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.

For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Public Resources Code Section 41904 as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.

5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 4 of 26
at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024.

6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $58.20 per participating resident car for Fiscal Years 2022, 2023 and 2024. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.

7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.

Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.

8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.

Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE and this Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 5 of 26

9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling.

CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
 Serving as the formal contact to the local media such as local newspapers and television news stations;
 Providing participating jurisdictions with educational materials developed for the CoHHW Program;
 Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions;  Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and  Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.

CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
 Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication;  Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media;  Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY; and,
 Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program.

10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. / /
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 6 of 26

11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).

The CoHHWCF are located at:
 San Martin, 13055 Murphy Avenue, San Martin, CA 95046  San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.

12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG) in accordance with California Health and Safety Code Section 25218.3, as amended from time to time. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. These services to businesses located within the CITY will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. The CITY may choose to pay for services for CESQG’s within the City of San José and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with CSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for CESQG costs.

For purposes of this Agreement, CESQG has the meaning provided by Health and Safety Code Section 25218.1.

13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.

A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s published rates for CESQGs.
/ /
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 7 of 26

B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s published rates for CESQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.

14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as Hazardous Waste under Health and Safety Code Section 25218.1, as amended from time to time.

These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products.

15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted.

16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 8 of 26
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.

18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2022 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.

19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
/ /
66,018
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 9 of 26

20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.

21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.

The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.

COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice.

22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
/ /
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 10 of 26

23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.

COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.

24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.

COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.

It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.

COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.

25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.

26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.

Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.

CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.

27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.

28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
/ /
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29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.

31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.

33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:

CITY of City Representative
Representative’s Title
City Address
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112

34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect Los Gatos Dan Keller
Facilities and Environmental Services Manager
41 Miles Avenue
Los Gatos, CA 95030
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as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:

Date: COUNTY OF SANTA CLARA
JEFFREY V. SMITH
County Executive
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel
Attachments:

A Projected Fiscal Years 2022, 2023, and 2024 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024 C HHW Schedule of Collection Events for Fiscal Year 2022 D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts 2378821

LOS GATOS

TOWN MANAGER
APPROVED AS TO FORM:
__________________________
Robert Schultz
Town Attorney
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B 5/5/2021
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ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE

FUNDING ALLOCATION BY JURISDICTION
Campbell 18,158 726 40,970 106,521 $ $ 68,093 $ 7,162 $ 42,272 $ 908 $ (11,913) $ 45,525 1,268 1,221 Cupertino 21,050 842 41,603 108,168 $ $ 78,938 $ 4,242 $ 49,004 $ 1,053 $ (25,068) $ 36,963 1,034 723 Gilroy 16,676 667 53,681 139,571 $ $ 62,535 $ 1,086 $ 38,822 $ 834 $ 36,295 $ 23,027 1,038 185 Los Altos 11,677 467 17,678 45,963 $ $ 43,789 $ 4,188 $ 27,184 $ 584 $ (29,781) $ 90,803 1,451 714 Los Altos Hills 3,180 127 9,303 24,188 $ $ 11,925 $ 958 $ 7,403 $ 159 $ 3,743 $ 4,413 259 163 Los Gatos 13,637 545 25,338 65,878 $ $ 51,139 $ 6,784 $ 31,747 $ 682 $ (24,474) $ 66,018 1,216 1,157 Milpitas 22,553 902 100,225 260,586 $ $ 84,574 $ 5,247 $ 52,503 $ 1,128 $ 117,135 $ 24,851 1,303 895 Monte Sereno 1,383 55 1,278 $ 3,323 $ 5,186 $ 789 $ 3,220 $ 69 $ (5,941) $ 11,138 139 135 Morgan Hill 15,350 614 43,759 113,774 $ $ 57,563 $ 2,252 $ 35,735 $ 768 $ 17,456 $ 78,579 1,881 384 Mountain View 36,727 1,469 77,033 200,285 $ $ 137,726 $ 4,700 $ 85,500 $ 1,836 $ (29,478) $ 39,356 1,628 802 Palo Alto 29,298 0 63,437 164,936 $ $ - $ - $ 1,465 $ 163,471 San Jose 336,507 13,460 810,331 2,106,860 $ $ 1,261,901 $ 114,172 $ 783,388 $ 16,825 $ (69,427) $ 476,507 20,026 19,470 Santa Clara 48,975 1,959 160,175 416,455 $ $ 183,656 $ 9,178 $ 114,014 $ 2,449 $ 107,157 $ 121,604 3,920 1,565 Saratoga 11,301 452 19,996 51,990 $ $ 42,379 $ 4,458 $ 26,309 $ 565 $ (21,720) $ 45,244 831 760 Sunnyvale 60,273 2,411 116,128 301,932 $ $ 226,024 $ 6,717 $ 140,316 $ 3,014 $ (74,138) $ 152,321 3,672 1,145 Unincorporated 18,558 742 38,112 99,092 $ $ 69,593 $ 4,640 $ 43,203 $ 928 $ (19,271) $ 57,932 1,677 791 Total 665,303 25,440 1,619,047 4,209,522 $ $ 2,385,019 $ 176,572 $ 1,480,620 $ 33,265 $ 134,047 $ 1,274,282 41,345 30,110 Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.

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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024

FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location Type of Event County Holidays/ Notes July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued) 2022/Month Day Date Location Type of Event County Holidays/ Notes 2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE

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ATTACHMENT D:

COUNTY HOUSEHOLD HAZARDOUS WASTE

EMERGENCY COLLECTION PLAN

1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.

Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.

2. Timing of HHW

While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.

3. Public Information/Notification:

Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.

4. State HHW Collection Permits

The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.

5. Collection Events
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Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).

The following options are available to each participating City.  Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
 Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
 CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.

The CoHHWCF are located at:  San Martin, 13055 Murphy Ave, San Martin  San Jose, 1608 Las Plumas, San Jose

6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.

The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.

Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.

7. State and Federal Assistance and Funds
It is the City responsibility to pursue reimbursement from State or Federal agencies.

State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES.

Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection.

Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA.

Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance.

Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA.

REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:

Guidance for local government on disaster debris management, January 1997.

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Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations.

Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.

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INSURANCE REQUIREMENTS FOR

ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

ATTACHMENT E
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C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.

7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate.
b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event.

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 25 of 26 ends

c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement.

8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Page 167 ends

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 26 of 26 ends

countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim 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: 05/03/2022
ITEM NO: 12
DATE: April 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2021/22 in an Amount of $25,000 for a Total Annual Amount Not to Exceed $125,000, for a Total Agreement Amount Not to Exceed $966,000
RECOMMENDATION:

Authorize the Town Manager to execute a third amendment (Attachment 1) to the Agreement for Services with Brightview Tree Care Services, Inc. to increase compensation for Fiscal Year (FY) 2021/22 in an amount of $25,000 for a total annual amount not to exceed $125,000, for a total agreement amount not to exceed $966,000.

BACKGROUND:

The Town of Los Gatos utilizes contractual tree trimming and removal services to maintain the Town’s urban forest. On June 5, 2018, the Town Council authorized the Town Manager to execute a five-year Agreement for Services (Attachment 2) with Brightview Tree Care Services, Inc. for tree trimming and maintenance services. The original agreement included $247,000 for year one of the agreement and $100,000 plus annual consumer price index adjustments annually thereafter.

On August 7, 2019, Council authorized the Town Manager to execute a first amendment to the Agreement for Services to provide for an additional $100,000 for FY 2019/20.

On June 2, 2020, Council authorized the Town Manager to execute a second amendment (Attachment 3) to the Agreement for Services to increase compensation for FY 2019/20 and FY

Page 169 ends

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Brightview Tree Services, Inc.

DATE: April 27, 2022
BACKGROUND (continued):
2020/21 in amounts of $47,000 and $147,000 respectively for total annual contract amounts not to exceed $247,000. Compensation for years four and five of the agreement were to remain at $100,000 annually.

On December 7, 2021, Council authorized the Town Manager to execute a second Agreement for Services (Attachment 4) with West Coast Arborists (WCA) in an amount not to exceed $100,000 to supplement unmet tree maintenance services as Brightview Tree Services struggled to keep up with the workload.

DISCUSSION:

While waiting for the contract with WCA to process and be fully executed, safety related work needing immediate attention had to continue. Brightview Tree Care Services performed the work; however, their contract had already reached the compensation limits. This amendment increases the Brightview Tree Service contract by $25,000 to allow payment of the emergency safety services performed.

Staff will create change orders to the current purchase orders by reducing the WCA amount by $25,000 and adding $25,000 to Brightview to address the overage.

CONCLUSION:

Authorize the Town Manager to execute a third amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to increase compensation for FY 2021/22 in an amount of $25,000 for a total annual amount not to exceed $125,000, for a total agreement amount not to exceed $966,000.

FISCAL IMPACT:

The Adopted FY 2021/22 Operating Budget has sufficient funds for tree maintenance. This action will have no additional fiscal impact.

ENVIRONMENTAL ASSESSMENT:

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

Page 170 ends

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with Brightview Tree Services, Inc.

DATE: April 27, 2022
Attachments:

1. Third Amendment to the Agreement for Services (Brightview Tree Care Services, Inc.)

2. Agreement and First Amendment (Brightview Tree Care Services, Inc.)

3. Second Amendment to the Agreement for Services (Brightview Tree Care Services, Inc.)

4. Agreement for Services (West Coast Arborists)

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BrightView Tree Care Services Inc. – Third Amendment to Agreement for Services

Page 1 of 2 ends

THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 18th day of April 2022 and amends that certain Second Amendment to Agreement for Services dated June 2, 2020, made by and between the Town of Los Gatos, ("Town,") and BrightView Tree Care Services Inc. (“Service Provider”).

RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 5, 2018, (“Agreement”), and a First Amendment to Agreement for Services on August 20, 2019, and a Second Amendment to Agreement for Services on June 2, 2020, copies of which are attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to amend the Agreement for Services to provide additional funds for FY 2021/22.

AMENDMENT

1. 2.6 Compensation – amendment shall read:

Compensation for year 1 (Fiscal Year 2018/19) of this agreement was $247,000.

Compensation for year 2 (Fiscal Year 2019/20) of this agreement was $247,000. 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.

Compensation for year 3 (Fiscal Year 2020/21) of this agreement was $247,000, 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.

Compensation for year 4 (Fiscal Year 2021/22) of this agreement shall increase $25,000, for a total amount not to exceed $125,000 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 of $100,000.

Attachment 1

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BrightView Tree Care Services Inc. – Third Amendment to Agreement for Services

Page 2 of 2 ends

Compensation for year 5 (Fiscal Year 2022/23) of this agreement shall remain the same:
a total amount not to exceed $100,000 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 of $100,000.

The total agreement amount shall not to exceed $966,000.

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

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

Town of Los Gatos BrightView Tree Care Services Inc. by:

By: _______________________________ ______________________________ Laurel Prevetti, Town Manager
______________________________
Department Approval: Name/Title
_______________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Robert Schultz, Town Attorney Shelley Neis, CMC, Town Clerk

Page 173 ends

AGR lq• 150
IHH

FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 20' t' day of August 2019 and amends that certain Agreement for Services dated June 5, 2018, made by and between the Town of Los Gatos, (" Town,") and BrightView Tree Care Services Inc. (" Service Provider").

RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 5, 2018, Agreement"), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to amend the Agreement for Services to provide additional funds for FY 2019/ 20.

AMENDMENT

1. 2. 6 Compensation shall read: Compensation for the first year shall not exceed $ 247, 000, inclusive of all costs. Payment shall be based upon Town approval of each task.

Compensation for year two of this agreement shall not exceed $ 200, 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.

Compensation for years three through five of this agreement shall not exceed $ 100, 000 annually 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 of $100, 000.

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

ATTACHMENT 2 Page 174
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.

Town of Los Gatos
BY._/
laurel Prevetti, Town Manager
Department Approval:
0 Mat Morley
Director of Parks and Pu lic W rks
Approved as to Form:

Robert Sc u z, Town Attorney
2of2
BrightView Tree Care Services Inc. —First Amendment to Agreement for Services BrightViewTree Care Services Inc. by:

Name/ Title
Attest:

Shelley Neis, CIVIC, To Jerk,

Page 175 ends

AGR_ lflLt3___.

AGREEMENT FOR SERVICES
If iH_
THIS AGREEMENT is dated for identification this 51h of June 2018 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and BrightView Tree Care Services, (" Service Provider"), whose address is 530 Aldo Avenue, San Jose, CA 95054. This Agreement is made with reference to the following facts.

1. RECITALS

1. 1 The Town desires to engage Service Provider to provide tree trimming maintenance services.

1. 2 The Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1. 3 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.

If. AGREEMENT

2. 1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on April 25, 2018, 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 on July 1, 2018 and will continue through June 30, 2023, 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.

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

Page 1 ends

Agreement for Services - BrightView Tree Care Services

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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 services shall not exceed $ 247, 000 for the first year, inclusive of all costs. Payment shall be based upon Town approval of each t k.

Compensation for years two through five of this agreement shall not exceed $100,000 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 of $ 100, 000.

2. 7 Failure to Perform. It is mutually agreed by SERVICE PROVIDER and TOWN that in the event that performance of the work by SERVICE PROVIDER under this Agreement is not completed as scheduled, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($ 100. 00) per location per scheduled service in liquidated damages for every missed service beyond three missed services in a month in addition to reducing the monthly payment by the cost of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to SERVICE PROVIDER under this Agreement.

2. 8 Schedule. Service Provider shall provide a schedule to the Town prior to beginning work.

The schedule shall identify dates of service for each location. Schedule changes shall be approved by the Town with 24- hour notice. Each missed location shall be considered a failure to perform, unless the contractor provides advance notice of schedule change.

2. 9 Billin¢. 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.

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Agreement for Services — BrightView Tree Care Services

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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. 10 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. 11 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. 12 Independent Service Provider. 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 Service Provider and not an agent or employee of the Town. As an independent Service Provider, 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. 13 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 Agreement for Service$ - Brightyiew Tree Care Services

Page 3 of 8 ends

Page 178 ends

employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.

2. 14 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 subService Providers 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.

Ill. INSURANCE AND INDEMNIFICATION

3. 1 Minimum Scope of Insurance:

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.

General Liability:

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 ofthe 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.

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Agreement for Services — 8rightView Tree Care Services

Page 179 ends

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 ofthis 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 subService Providers 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 subService Provider.

IV. GENERALTERMS

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) 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

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Agreement for Services- 6rigfrtView Tree Carp Services

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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 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. 5 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. 6 Prevailing Wages. In accordance with the provisions of Sections 1770 et sea., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. Service Provider will be required to pay to all persons employed on the project by the Service Provider sums not less than the sums set forth in the documents entitled " General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773. 1." These documents may be obtained from the State of California.

Pursuant to Labor Code section 1725. 5, no Service Provider or sub5ervice Provider may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and/ or the Town of Los Gatos.

The Service Provider is required to post notices on Public Works requirements.

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 BrightView Tree Care Services
Attn: Town Clerk 530 Aldo Avenue
110 E. Main Street San Jose, CA 95054
Los Gatos, CA 95030
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

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Agreement for 5ewrces— BrightView Tree Care Services

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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.

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Agreement For Services — Bright View Tree Care Services

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

Town of Los Gatos by:

Laurel Prevetti, Town Manager
Recommended by:
tt Morley, Director of Parks and Public
Works
Approved as to Form:

W 5-QQ
Robert Schultz, Town tto ey
Agreemem for Services — BrightView Tree Care Services
Bri View Tree Care Services, Inc. by:

Mike Carter
Vice President J General Manager
Title
Page g of e

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ATTACHMENT D

BID PRICE SHEET
For all services described below, unless excluded by the Town in description of services below, the Town shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other casts associated with and necessary for the Bidder to perform such service - No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of bid.

A. GENERAL SERVICES

DESCRIPTION, WPFH UNIT UNIT ESTIMATED EXTENDED PRICE
PRICE IN WORDS. (PRICE PRICE UNITS

IS INCLUSIVE OF ALL

APPLICABLE TAXES AND
FEES
Annual routine it -.inn b.based
on n: trimming in pre -designed
I districts. Inds or parks on a so Per -tree 7" H 595 eam S 66, 500. 00 cycle, and includes all trees
mall, medium, and lar e- sized .

Service request tree trimming
consist of trimming trees outside
the grid trimming cycle,

2. o- 6`
Per tree 3 @rnsem S 216
7-.. 12- Per tree 10 @Safi exn 950
13" - Is" Per tree 10 0It" own 1. 450
19 -.. 24' Per tree 20 @fl90 exi, S 4, 700
2i and o, er Per tree 10 0 210 each 2,850
Tree removal ( excludes stump
removal)
3 0' - 6" Per tree 5 a $95 earn S 475
7-- 12 - Per tree 15 ® $ 237 each S 3. 555
13- 18 Per tree 20 RS522 earn S10.440
17 - 24 Per tree 10 0 $760 earn S 7. 800
25" and over
5 ® 51, 920 each 9.6m
Stump removal

0.,- 6. Per stump 5 a$57 earn 285
4 7-- 12" Per stump 15 @ $ 114 each S 1. 710
1 t" - 18' Per stump 20 R $171 each 3.420
10-_ 24" Per stump 10 0$228 each S 2, 280
25' and over Per stump 5 osmzeach S 1. 710
A

SUB- TOTAL- G ENERAL
11774a 00 SERVICES Px 1eor, u EXHIBIT
A

Page 184 ends

R _ CREW RENTAL AND EMERGENCY SERVICES
Fully equipped crew as defined. Includes
all labor, equipment, tool, traflk control,
dis osal cosh and aero material marku 1
UNIT
PRICE

ESTIMATED EXTENDED

UNITS PRICE

STRAIGHTTIME
I. 4 Man crew with Equipment Per hour 20 Qi300 S6, 000
2, 3 Man crew with Equipm ni Per hour 40 nR $ 225 9.000

3. 2 Man crew with Equipment Per hour 20 Q 8150 3.000

OV ERTIME/ WEEKENDSIEMERG ENCY

AFTER HOURS CALL OUT

4. 4 Man clew with Equipment Per hour 10 @ $ 350 51800

5. 3 Man crew with Equipment Per hour 10 @ $ 285 2. 850

6. 2 Man crew with Equipment Per hour 20 ® 5190 3, 800
B.

SUB -TOTAL - CREW RENTAL&
EMERGENCY SERVICES 528, 450. Q0
C. OTHER COSTS

DESCRIPTION, WITH UNIT UNIT ESTIMATED EXTENDED PRICE
PRICE IN WORDS. ( PRICE IS PRICE UNITS

INCLUSIVE OF ALL

APPLICABLE TAXES AND
FEES) _
Cost for crown, trees requiring
trimming more than 25ea of
foliage at one nme, or crown
shaping or crown reduction.
l'
041- Per free 3 OS' l2. am S 216
7- 12' Per tree looms S 950
13- 18' Per tree to 06145. arrn S 1, 450
19- 24-' Per tree 10 81m.. tl, S 2, 350
25" and over Per tree 21) 111 S 5, 700
Specialty equipment - 50- ton Per hour 5 05205 each S 1, 325 2- crane per hour Per hour 15 44 S250 win S 3. 750
95- font anal tower per hour
Tice planting and msiillation
services'.

Price includes labor, equipment,
root irrigation device, and
staking; assume trees to be
3, provides by the Town)
Per tree 40 mu3o.« h S 5.200 IS"' gallon Per tree 20 R snow, S 5. 2M 24.. bu Per tree 10 as3sci S 3,aca

16.. box
Per tree 5 gitriorxn S 3, 150
48 box
4 Arbnrist service, & report
Per hour 10 @ 9120 raen S 1200. writmgper hour
Tree watering per day---_

5. Assume I worker watering 8 Per day 40 @ $ 600 oath S 24. 000 hour!----_.-
GPS tree inventory data
6 Per3ree 14000613e. r1,, S42. 000 collection site
SUB - TOTAL - OTHER COST- S 100 491, 00 Fl GRANDTOTAL A* B* C S24666200 P., 11 dll

EXHIBIT A

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BrightView Tree Care Services Inc. – Second Amendment to Agreement for Services

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SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 2ND day of June 2020 and amends that certain First Amendment to Agreement for Services dated August 20, 2019, made by and between the Town of Los Gatos, ("Town,") and BrightView Tree Care Services Inc. (“Service Provider”).

RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 5, 2018, (“Agreement”), and a First Amendment to Agreement for Services on August 20, 2019, copies of which are attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to amend the Agreement for Services to provide additional funds for FY 2019/20 and 2020/21.

AMENDMENT

1. 2.6 Compensation – amendment shall read:

Compensation for year 1 (Fiscal Year 2018/19) of this agreement was $247,000.

Compensation for year 2 (Fiscal Year 2019/20) of this agreement shall increase $47,000, for a total annual amount not exceed $247,000 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.

Compensation for year 3 (Fiscal Year 2020/21) of this agreement shall increase $147,000, for a total annual amount not exceed $247,000 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.

Compensation for years 4 and 5 (Fiscal Years 2021/22 and 2022/23) of this agreement shall not exceed $100,000 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.

DocuSign Envelope ID: C01F6C1B-521B-4630-B3FA-8EFFD2AE3C42 ATTACHMENT 3

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Los Gatos City CouncilMay 3, 2022

Los Gatos City Council
May 3, 2022