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.
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
JUNE 07, 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]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JUNE 07, 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/83159897289?pwd=ejBZNHFvSlhZZGZOVmJlaU1JOUt6dz09. Passcode:
285711. You can also type in 831 5989 7289 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.
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 so; 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.
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.
MEETING CALL TO ORDER
ROLL CALL
PRESENTATIONS
i. Outgoing Youth Commissioner Commendations
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
iv. Conduct Appointments for Adult Commissioner Vacancies on Boards, Commissions, and Committees.
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve the Draft Minutes of the May 17, 2022 Town Council Meeting.
2. Approve Town Council Closed Session Meeting Minutes of June 1, 2022.
3. 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.
4. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments.
5. Adopt a Resolution Calling for the Holding of a General Municipal Election to be Held on November 8, 2022 for the Election of Three Town Council Members, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote at the Election to be Held Tuesday, November 8, 2022.
6. Approve Town Council Meeting Schedule for 2022/2023 Fiscal Year.
7. Authorize the Town Manager to Execute a New Agreement with the Chamber of Commerce to Extend the Term of the Destination Marketing American Rescue Plan Act Grant.
8. Authorize the Town Manager to Execute an Extension of the LGS Recreation 55+ Senior Services American Rescue Plan Act Grant.
9. Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Town’s Visitors Information Center Including a Visit Los Gatos Website, Related Social Media Pages, and Assist with Related Community Vitality Initiatives as Outlined in the Scope of Services in an Amount Not to Exceed $55,000.
10. Adopt a Resolution Establishing the Fiscal Year 2022/23 Gann Appropriation Limit for the Town of Los Gatos.
11. Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 17, 2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54. c. Approve FY 2021/22 Budget Adjustments:
1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax)
iii. Business License Tax Revenue Increase in the Amount of $175,000, iv. Transient Occupancy Tax Increases in the Amount of $75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
2) Expenditure Increases to Reflect Past Actions:
i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust.
ii. In the Amount of $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act Budget Adjustments.
12. Adopt a Resolution Approving the Parcel Map for 16940 Roberts Road and Accepting Dedications.
13. Adopt a Resolution Approving the Parcel Map for 105 Newell Avenue and Accepting the Public Service Easement Dedication.
14. Authorize the Town Manager to Execute a First Amendment to the Consultant Services Agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to Increase the Contract Amount by $100,000, for a Total Contract Amount Not to Exceed $280,000, and Extend the Contract Term.
15. Authorize the Town Manager to Execute an Agreement for Services with Shaw Industries Inc. for Flooring Replacement at the Adult Recreation Center in an Amount of $133,920.59 Including a 5% for Unanticipated Services, for a Total Agreement Amount Not to Exceed $140,616.61.
16. Authorize the Town Manager to Execute a Second Amendment to the Consultant Services Agreement with Dixon Resources Unlimited for the Comprehensive Downtown Parking Study to Extend the Contract Term.
17. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Universal Site Services to Extend the Term through August 31, 2022, and Increase Compensation for Fiscal Year 2021/22 by $500 and Fiscal Year 2022/23 by $9,511.11 for a Total Amended Amount Not to Exceed $197,748.11.
18. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2021/22 in an Amount of $30,000 for a Total Annual Amount Not to Exceed $155,000, for a Total Agreement Amount Not to Exceed $996,000.
19. Approve a Labor Agreement Between the Town of Los Gatos and the Police Officers’ Association and Authorize the Town Manager to Execute the Memorandum of Understanding.
20. Approve a Labor Agreement Between the Town of Los Gatos and the Town Employees’ Association and Authorize the Town Manager to Execute the Memorandum of Understanding.
21. Approve a Labor Agreement Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees and Authorize the Town Manager to Execute the Memorandum of Understanding.
22. Approve Cost of Living Increases for Unrepresented Management, Confidential, and Temporary/Hourly Employees; One-Time Non-PERSable Bonuses for Confidential and Management; and a 5% Market Adjustment for Confidential and Temporary/Hourly Employees.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda by following the Participation Instructions contained on page 2 of this 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.)
23. Consider the Draft Site Inventory as Recommended by the Housing Element Advisory Board.
24. Discuss and Provide Direction on Proposed Electrification Reach Codes for the 2022 Green Building Standards Code.
25. Provide Direction Regarding a Potential Land Acknowledgement Regarding Aboriginal Homeland.
26. Discuss and Identify the Town Council’s Objectives for the Summer Promenade Event Series and Provide Direction as Necessary for Modifications to the Conditional Letter of Approval.
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.
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: 6/07/2022
APPOINTMENTS
DATE: May 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Conduct Appointments for Adult Commissioner Vacancies on Boards, Commissions, and Committees
RECOMMENDATION:
Conduct the appointment process for the following vacancies: Building Board of Appeals (BOA), Community Health and Senior Services Commission (CHSSC), Finance Commission (FC), Historic Preservation Committee (HPC), Parks Commission, and Personnel Board.
DISCUSSION:
Council is scheduled to interview applicants for vacant Board, Commission, and Committee positions (Attachment 1) at a Special Meeting on June 7, 2022, at 6:00 p.m. via teleconference following the COVID-19 Shelter in Place guidelines.
Staff recommends Council appoint Commissioners for each Board/Commission/Committee per Council Policy 2-11 (Attachment 2). One applicant has applied for multiple positions and has been advised they can only be appointed to one position per Council Policy 2-11. Due to an insufficient number of applications, not all vacant positions can be filled.
Building Board of Appeals (BOA)
One (1) partial term 2-year position and one (1) partial 1-year term are open due to unexpired vacancies. No applications were received.
Community Health and Senior Services Commission (CHSSC) One (1) partial term 3-year position and one (1) partial term 2-year term are open due to unexpired vacancies. One application was received.
PAGE 2 OF 2
SUBJECT: Conduct Appointments for Adult Commissioner Vacancies DATE: May 26, 2022
DISCUSSION (continued):
Finance Commission (FC)
One (1) partial term 2-year position is open due to an unexpired vacancy. One application was received; however, the candidate does not meet the minimum requirements.
Historic Preservation Committee (HPC)
One (1) partial term 2-year position is open due to an unexpired vacancy. Two applications were received.
Parks Commission
One (1) partial term 3-year position and one (1) partial term 2-year position are open due to unexpired vacancies. Three applications were received.
Personnel Board
One (1) full term 5-year position and one (1) partial term 4-year position are open due to unexpired vacancies. No applications were received.
CONCLUSION:
It is recommended that Council appoint applicants to fill vacant Town Board, Commission, and Committee positions. Upon completion of the appointment process, direct the Town Clerk to re-advertise any vacant positions with the annual recruitment to begin in September 2022.
FISCAL IMPACT:
There is no fiscal impact with the appointments to the Town’s Boards, Committees, and Commissions.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Adult Commissioner Applicant List
2. Council Policy 2-11 Commission Appointments
Adult Commissioner Applicants
Mid-Year Recruitment 2022
1 of 1
BUILDING BOARD OF APPEALS (BOA)
No applications received.
COMMUNITY HEALTH AND SENIOR SERVICES COMMISSION (CHSSC) Pradeep Khanal
FINANCE COMMISSION (FC)
Pradeep Khanal
HISTORIC PRESERVATION COMMITTEE (HPC)
Susan Burnett
Alan Feinberg
PARKS COMMISSION
Brant Corenson
Craig Gleason
Pradeep Khanal
PERSONNEL BOARD
No applications received.
ATTACHMENT 1
ATTACHMENT 2 Page 10
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
May 17, 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, May 17, 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
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he attended the Finance Commission, Senior Service Road Map Sub-Committee, and Senior Service Workplan Sub-Committee meetings. - Council Member Sayoc stated she attended the Cannabis Community Meeting as an observer, Housing Element Advisory Board (HEAB) meeting, Silicon Valley Clean Energy Authority (SVCEA) Board meeting as an alternate for Mayor Rennie, and the Cities Association Executive Committee and Board of Directors meetings. - Council Member Badame stated she attended the Cannabis Community Meeting as an observer, West Valley Clean Water Authority (WVCWA) Board meeting, West Valley Solid Waste Management Authority (WVSWMA) Board meeting, Ribbon Cutting for Montebello Market, Finance Commission as an observer, and met with residents regarding cannabis and the Drat 2040 General Plan.
- Vice Mayor Ristow stated she attended t the Cannabis Community Meeting as an observer, Kiwanis Turnaround Scholarship luncheon, Los Gatos Service Providers meeting, Conceptual Development Advisory Committee, West Valley Sanitation District (WVSD) Board meeting, Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting, and the Youth Commission Candidate Interviews.
PAGE 2 OF 5
SUBJECT: Draft Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022
Council Matters – continued
- Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board and Legislative and Technology Implementation Committee meetings; attended the Special Olympics fundraiser, Ribbon Cutting for Montebello Market, Silicon Valley Clean Energy Authority (SVCEA) Special Board meetings, and Finance Commission meeting; met with Silvar Realtors Group; attended a Housing and Community Development (HCD) Zoom meeting with Town Manager Prevetti; and met with Los Gatos Unified School District Superintendent Grove and Los Gatos High School Principal Buchanan.
Mayor Rennie introduced and welcomed Town Attorney Gabrielle Whelan.
Manager Matters
- Announced the HEAB will meet on Thursday, May 19, 2022, via teleconference. - Announced Adult Commissioner recruitment is underway; the application period closes on May 27 at 4:00 p.m. Interviews are scheduled for June 7, 2022. - Announced the 2040 General Plan Public Hearing will take place on June 20, 2022, via teleconference.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of the May 3, 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. RESOLUTION 2022-031
3. Authorize the Town Manager to Execute a First Amendment to an Agreement for Consultant Services with TruePoint Solutions DigEplan (LCT Software).
4. Authorize the Town Manager to Execute a Second Amendment to a Consultant Agreement for Executive Recruitment Services with Teri Black & Company, LLC. in an Amount Not to Exceed $139,500 and Authorize an Expenditure Budget Adjustment in the Amount of $40,000 from Available General Fund Capital/Special Project Reserve.
5. Authorize the Town Manager to Execute a First Amendment to a Special Services Agreement with Liebert Cassidy Whitmore.
6. Receive the Third Quarter Investment Report (January through March 2022) for Fiscal Year 2021/22.
Opened public comment.
No one spoke.
Closed public comment.
PAGE 3 OF 5
SUBJECT: Draft Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022
Consent items – continued
MOTION: Motion by Council Member Sayoc to approve consent items. Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Carl Guardino, Bloom Energy
- Announced the Stars and Strides Community Run benefitting the Valley Medical Center will take place on July 2, 2022. Registration and more information can be found at:
https://www.starsandstridesrun.com/
Joanne Rodgers
- Commented in opposition of allowing cannabis dispensaries in Town and inquired why the Council may consider a cannabis tax as a revenue source.
Jim Handy
- Requested a Town Code amendment to disallow portable toilets in front yards.
Susan Burnett
- Commented in opposition of allowing cannabis dispensaries in Town.
OTHER BUSINESS
7. Consider the Recommendations of the Finance Commission and Staff, and Provide Direction on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2022/23 and on the Proposed Capital Improvement Program for FY 2022/23 – FY 2026/27; Including but Not Limited to:
a. Provide direction to Balance the FY 2022/23 Proposed Budget; b. Provide Direction on the Proposed Operating Budget;
c. Provide Direction on the Proposed Capital Budget; and d. Consider the FY 2022/23 List of Potential Donations Consistent with the Town’s Donation Policy.
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened public comment.
Rob Stump
- Requested Council prioritize roadside fuel reduction, fund weed abatement, establish clear evacuation routes, establish sound land uses, and allocate more funding for wildfire preparation initiatives.
PAGE 4 OF 5
SUBJECT: Draft Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022
Other Business Item #7 – continued
Ami Davis, NUMU Executive Director
- Thanked the Council for continuing rent forgiveness for NUMU and requested Council enlist NUMU as a financial partner to support strategic priorities.
Catherine Somers, Chamber of Commerce Executive Director - Requested Council consider allocating some remaining ARPA funds to community assets such as NUMU and the Chamber of Commerce.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to approve the Finance Commission recommendation to allocate $3.77 million to General Fund Appropriated Reserve (GFAR); allocate $2.2 million of unallocated American Rescue Plan Act (ARPA) funds to the GFAR; direct the Town Attorney to bring forward at the mid-year budget review additional information from other jurisdictions in regard to the dissolution of Workers Compensation and Self-Insurance Internal Service Funds; acknowledge Finance Commission finding and direct the Commission to work with Town Management to confirm the actual amount of the deficit and request recommendations on how to cure the deficit; and initiate an employee-led operational efficiency program with the goal of 3 to 5% operational improvements and develop 5-year goals. Seconded by Council Member Badame.
VOTE: Motion passes 3/2, vice Mayor Ristow and Council Member Sayoc voting no.
Recess at 9:36 p.m.
Reconvene at 9:47 p.m.
MOTION: Motion by Council Member Badame to accept the 5-year forecast as presented in the staff report. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Sayoc to utilize $1,700,000 of ARPA funds to balance the budget. Seconded by Council Member Vice Mayor Ristow.
VOTE: Motion passed unanimously.
PAGE 5 OF 5
SUBJECT: Draft Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022
Other Business Item #7 – continued
MOTION: Motion by Council Member Hudes to approve the FY 22/23 proposed Operating Budget with the previously approved Finance Commission recommendations.
Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Sayoc to approve the Capital Budget with the previously approved Finance Commission recommendations. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to approve the donation list. Seconded by Vice Mayor Ristow.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned in memory of Lynda Seastrom at 10:05 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting - Closed Session June 1, 2022
The Town Council of the Town of Los Gatos conducted a special 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, June 1, 2022, to hold a Closed Session at 6:00 p.m.
MEETING CALLED TO ORDER AT 6:00 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
VERBAL COMMUNICATIONS
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Conference with Labor Negotiator (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators:
Lisa Charbonneau, Liebert Cassidy Whitmore
Arn Andrews, Assistant Town Manager
Salina Flores, Human Resources Director
Employee Organizations:
American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)
Police Officers’ Association (POA)
Unrepresented Employees (Confidential, Management, Temporary/Hourly)
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of June 1, 2022 DATE: June 2, 2022
C:\Users\MeetingsOfficeUser\AppData\Local\Temp\tmpD4FC.tmp6/2/2022 12:41 PM
ADJOURNMENT
Closed Session adjourned at 6:52 p.m.
Attest: Submitted by:
___________________________ ___________________________ Shelley Neis, Town Clerk Laurel Prevetti, Town Manager
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: 06/07/2022
ITEM NO: 3
DATE: May 26, 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.
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: May 26, 2022
DISCUSSION (Cont):
AB 361 requires Public agencies to make findings by majority vote within 30 days of the first teleconferenced meeting under AB 361 and every 30 days thereafter that a state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.
Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
November 2, 2021 adopted Resolution 2021-046
November 16, 2021 adopted Resolution 2021-048
December 7, 2021 adopted Resolution 2021-054
December 21, 2021 adopted Resolution 2021-059
January 18, 2022 adopted Resolution 2022-001
February 1, 2022 adopted Resolution 2022-003
February 15, 2022 adopted Resolution 2022-004
March 1, 2022 adopted Resolution 2022-006
March 15, 2022 adopted Resolution 2022-009
April 5, 2022 adopted Resolution 2022-013
April 19, 2022 adopted Resolution 2022-017
May 3, 2022 adopted Resolution 2022-021
May 17, 2022 adopted Resolutio 2022-031
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.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: May 26, 2022
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
2 of 3
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 7
th day of June 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: __________________
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: 06/07/2022
ITEM NO: 4
DATE: May 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
RECOMMENDATION:
Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.
BACKGROUND:
Since June of 2004, Council has appointed students in Grades 8 through 12 as members of the Youth Commission.
For this year’s recruitment, the Town used a variety of mechanisms to recruit for the Youth Commission. The Town distributed a letter to the local schools requesting they help promote the Youth Commission opportunities. The letter was sent to Los Gatos High School, Leigh High School, Westmont High School, Fisher Middle School, Union Middle School, Rolling Hills Middle School, and Hillbrook School. In addition, the Town placed advertisements in local publications and posted the opportunity on the Town’s What’s New email blast, the Town’s website, the Youth Commission Facebook page, and the Town’s social media accounts.
DISCUSSION:
By the application deadline on May 6, 2022, twenty (20) applications were received. On May 16, 2022, the Town Council Selection Committee, comprised of Mayor Rennie, Vice Mayor Ristow, Chief Field, and Youth Commission Chair Sasha Balasingam, interviewed eighteen (18) applicants for fifteen (15) available positions. Two of the applicants did not attend the interview and therefore were not considered for appointment.
PAGE 2 OF 2
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
DATE: May 26, 2022
DICUSSION (continued):
All the applicants demonstrated initiative and community spirit in applying for leadership positions to serve the Los Gatos community and the Selection Committee’s recommended appointments are listed in Attachment 1. Following the Youth Commission enabling resolution (Attachment 2), appointments for the eight (8) newly appointed Commissioners and the one (1) reappointed Commissioner entering the 12th grade are for one (1) year, and appointments for the six (6) reappointed Commissioners are for two (2) years.
CONCLUSION:
The Town Council Selection Committee recommends that Council appoint members as shown in Attachment 1. The recommendations for appointment are based on composite assessments from the interviews and applications.
FISCAL IMPACT:
The Town-wide Commission training budget is available to provide funds as needed.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Recommended Youth Commissioner Appointments
2. Youth Commission Enabling Resolution 2018-008
RECOMMENDED YOUTH COMMISSIONER APPOINTMENTS
NAME GRADE
IN FALL
NEW OR
REAPPOINTED TERM TERM EXPIRATION
1. Maia Bernholz 11 Reappointed 2 years 6/30/2024
2. Prav Balasingham 9 New 1 year 6/30/2023
3. Cody Chen 9 New 1 year 6/30/2023
4. Taj Chunawala 11 Reappointed 2 years 6/30/2024
5. Kaedon Chung 10 New 1 year 6/30/2023
6. Colette (Coco) Dougher 11 Reappointed 2 years 6/30/2024
7. Mikaela Hammer-Longosz 11 New 1 year 6/30/2023
8. Ryan Idemoto 10 New 1 year 6/30/2023
9. Anjali Kalia 9 Reappointed 2 years 6/30/2024
10. Najman Mahbouba 11 Reappointed 2 years 6/30/2024
11. Megan McCurrie 12 Reappointed 1 year 6/30/2023
12. Eloise Moore 9 New 1 year 6/30/20223
13. Gwyneth Pang 10 New 1 year 6/30/2023
14. Aanya Singh 10 New 1 year 6/30/2023
15. Olivia Vinckier 11 Reappointed 2 years 6/30/2024
ATTACHMENT 1
RESOLUTION 2018 -008
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2016 -059 AND
ESTABLISHING RULES FOR THE YOUTH COMMISSION
WHEREAS, it is recognized that a youth perspective on issues which pertain to the youth in the community is an important part of decision making in Town; and WHEREAS, there is value in increasing communication between adults and youth; and WHEREAS, there is value in having a mechanism for youth to have a voice in Town affairs and issues relating to youth; and
WHEREAS, the Town Council of the Town of Los Gatos found and determined that the purpose of the Youth Commission is to foster and encourage civic and neighborhood pride and a sense of identity through the knowledge, understanding, and increased involvement of the Town' s youth in the Town' s present and future municipal affairs.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THAT:
1. There is a need for a Youth Commission to function in the Town of Los Gatos, which would establish a formal body by which the youth of Los Gatos would have a voice in the community.
2. There is hereby established a Youth Commission which shall generally be responsible for studying various problems, activities and other issues of concern to the youth in general, and for advising Council on matters pertaining to issues involving the youth of Los Gatos.
a. Membership /Organization
i. The Youth Commission shall consist of twenty (20) members. The members shall be students who are entering grades 8 through 12.
Membership for the students requires residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.
Members shall serve a term of two (2) years and until their successors are appointed and qualified. Members who are entering grade 12 when appointed and first time appointees shall serve a term of one ( 1) year.
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Resolution 201 8 -008 March 20, 2018
ATTACHMENT 2
iii. The Commission shall appoint one ( 1) primary member and one ( 1) alternate to serve as one voting member on the following Town Boards and Commissions:
1. Arts and Culture Commission
2. Bicycle and Pedestrian Advisory Commission
3. Community and Senior Services Commission
4. Library Board
5. Parks Commission
6. Transportation and Parking Commission
iv. In addition to all Youth Commission meetings, the primary member shall attend all meetings of the Board or Commission they are appointed to. If the primary member is not able to attend the meeting of the Board or Commission they are assigned, it shall be the responsibility of the alternate to attend the meeting. If the primary member misses three (3) meetings of the Board or Commission the Youth Commission shall appoint a new primary member, and if necessary, a new alternate. v. Liaisons shall provide a monthly report to the Youth Commission and be responsible for conveying the Youth Commission' s input to the Board or Commission.
vi. A majority of members shall constitute a quorum for the purpose of transacting business.
vii. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy.
3. The Commission shall hold a regular meeting at least once each month between September and June. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following.)
4. The Commission shall elect a Chair and Vice - Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year and shall begin on the first meeting in September and end the following June.
5. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk Administrator.
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Resolution 2018 -008 March 20, 2018 Page 35
6. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
7. The duties of the Commission shall include the following:
a. Foster greater involvement of youth in municipal government affairs. b. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the Town of Los Gatos. c. Hold forums on problems, activities and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations, as the Commission deems desirable.
d. Review municipal matters referred to the Commission by the Town Council or other Town boards, committees, or commissions and, as appropriate, make recommendations on those matters.
BE IT FURTHER RESOLVED that Resolution 2016 -059 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20`h day of March, 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 5[.Z( fie
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
3 of 3
Resolution 2018 -008 March 20, 2018 Page 36
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: 06/07/2022
ITEM NO: 5
DATE: June 4, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Calling for the Holding of a General Municipal Election to be Held on November 8, 2022 for the Election of Three Town Council Members, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote at the Election to be Held Tuesday, November 8, 2022
RECOMMENDATION:
Adopt a Resolution calling for the holding of a General Municipal Election to be held on November 8, 2022 for the election of three Town Council Members, requesting the Santa Clara County Board of Supervisors render specified services to the Town related to the conduct of the General Municipal Election, adopting regulations for candidates for elective office pertaining to filing fees and candidate statements, and providing for the process in the event of a tie vote at the Election to be held Tuesday, November 8, 2022.
DISCUSSION:
The General Municipal Election of the Town of Los Gatos will be held on Tuesday, November 8, 2022, for the purpose of filling three Council Member seats. To conduct the election, the Town Council must adopt a resolution calling for the General Municipal Election to fulfill certain legal requirements. The Resolution calls for the holding of the election, requests consolidation with the Statewide Election, establishes guidelines and costs associated with candidate statements, and provides the process to resolve a tie vote.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Calling for the Holding of a General Municipal Election to be Held on November 8, 2022 for the Election of Three Town Council Members, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote at the Election to be Held Tuesday, November 8, 2022
DATE: May 26, 2022
DISCUSSION (continued):
The filing period for Town Council candidates in the November 8, 2022 Election begins Monday, July 18, 2022 and ends at 5:00 p.m. on Friday, August 12, 2022. Pursuant to Elections Code Section 10225, if an incumbent for a specific office fails to file Nomination Papers by the close of the workday on August 12, 2022, the filing period will be extended five (5) calendar days for that specific office for non-incumbents only. The extended filing period would close on Wednesday, August 17, 2022 at 5:00 p.m. The Town Clerk will meet with potential candidates by appointment only during regular business hours during the filing period.
The Resolution calling for the General Municipal Election sets the maximum word count for candidate statements, which may be capped at either 200 or 400 words. Historically, the Town of Los Gatos has allowed for up to 200 words in candidate statements. The Santa Clara County Registrar of Voters (ROV) estimates the cost of publishing a 200-word candidate statement in the Voter Information Guide to be $3,040. This cost is paid by each candidate who voluntarily chooses to publish a candidate statement and represents the candidate’s pro rata share of the cost to print, produce, and mail the statement. As permitted by Elections Code 10228 and Town Code Section 2.30.011, the Town imposes a $25 filing fee. It is important to note, the $25 fee is a mandatory fee when filing Nomination Papers; the $3,040 is voluntary to publish a candidate statement
FISCAL IMPACT:
The estimated cost from the ROV for the election of three (3) Council seats, not including the candidate statement fee, is approximately $84,858 and the funding is included in the proposed Fiscal Year 2022/23 Budget.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA and no further action is required.
Attachments:
1. Resolution Calling for the General Municipal Election
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Resolution 2022- June 7, 2022
ATTACHMENT 1
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION FOR THE
ELECTION OF THREE TOWN COUNCIL MEMBERS, REQUESTING THE SANTA CLARA
COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 AND RENDER SPECIFIED
SERVICES TO THE TOWN RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO FILING
FEES AND CANDIDATE STATEMENTS, AND PROVIDING FOR THE PROCESS IN THE EVENT OF A TIE VOTE AT THE ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 WHEREAS, under the provisions of the laws in the State of California a General Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal Officers for the Town of Los Gatos; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Election to be held on the same date, and that within the Town the election be held in all respects as if there were only one election, and that the Santa Clara County Registrar of Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:
1. A General Municipal Election is hereby called to be held in and for the Town of Los Gatos on Tuesday, November 8, 2022 for the purpose of electing three (3) Council Members each for a full term of four (4) years.
2. Pursuant to the Elections Code Section 10002, the Town of Los Gatos requests the Board of Supervisors of the County of Santa Clara to make available the services of the Registrar of Voters for the purpose of performing the usual services necessary in the conduct of the consolidated general municipal election, including the provisions of election supplies and voters' pamphlets; and that upon approval of such requests, the Registrar of Voters of the County of Santa Clara shall be reimbursed for all costs incurred by said services.
3. Pursuant to Elections Code commencing with Section 10400, the Town of Los Gatos requests the Board of Supervisors of the County of Santa Clara to order the consolidation of the General Municipal Election to be conducted within the boundaries of the Town of Los Gatos on November 8, 2022, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The Town of Los Gatos further consents to and orders the consolidation of the General Municipal Election hereby called with the Statewide General Election and acknowledges that the consolidated election will be held and conducted in the manner prescribed in
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Resolution 2022- June 7, 2022
ATTACHMENT 1
Section 10418.
4. The polls for the election shall be open 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed.
5. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election to be held in the Town of Los Gatos on November 8, 2022 may prepare a candidate statement. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate.
The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the Town Clerk at the same time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed during the period for filing nomination papers and until 4:00 p.m. of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate statement with the printed voter materials. The estimated cost per candidate for a 200- word statement is $3,040. The estimate is an approximation of the actual costs associated with printing, handling, translating, and mailing the candidate statement. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated cost at the time the candidate statement is filed. In the event of an underpayment, candidates will be required to pay the balance of the cost incurred. In the event of an overpayment, the Town Clerk will refund the excess amount paid within 30 days of the election.
6. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011, candidates are required to pay a filing fee in the amount of twenty-five dollars ($25.00), which amount the Town Council hereby determines to be the amount which is proportionate to the costs of processing a candidate's nomination papers by the Town of Los Gatos. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued.
7. Pursuant to Elections Code Sections 10551 and 15651, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the Town, the method of determining the winner shall be by lot.
8. The Town Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara.
9. The Town Clerk is hereby authorized and directed to publish a notice of the General Municipal Election within the time and in the manner specified in the Elections Code Section 12112. The Town Clerk is further authorized and directed to do all other things required by law to hold the General Municipal Election above provided.
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Resolution 2022- June 7, 2022
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 7
th day of June 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: __________________
PREPARED BY: Janette Judd
Executive Assistant
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: 06/07/2022
ITEM NO: 6
DATE: May 16, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Town Council Meeting Schedule for 2022/2023 Fiscal Year RECOMMENDATION:
Staff recommends the Town Council approve the Town Council Meeting Schedule for the 2022/2023 Fiscal Year.
BACKGROUND:
Each year in June, the Town Council adopts the following fiscal year’s Town Council Meeting Schedule, including any cancellations and/or meeting exceptions necessary.
DISCUSSION:
In 2004, the Town Council implemented the cancellation of its July meetings for a Summer recess period. In 2005, Council implemented the cancellation of the first meeting in January each year, primarily due to the light level of staffing with the annual year-end closure.
Additionally, on June 2, 2014, the Town Council approved and amended Los Gatos Town Code Section 2.20.010 changing the regular Council meeting day from Mondays to Tuesdays, effective August 2014.
Lastly, both regularly scheduled Council meetings have historically taken place each December, even if the second meeting falls in close proximity to the holidays. For example, in past years going back to 2009, meetings have taken place on December 20 and 21. Staff recommends the current proposed Council meeting date of December 20, 2022 be approved inclusively with the attached schedule.
PAGE 2 OF 2
SUBJECT: Approve Town Council Meeting Schedule for 2022/2023 Fiscal Year DATE: May 16, 2022
CONCLUSION:
The attached schedule reflects the July 2022 and January 2023 cancellations referenced above, with remaining dates reflective of the 1st and 3rd Tuesday schedule per Town Code. The attached schedule does not show dates for any potential Council Retreat, Boards/Commissions Interviews, or Special Meetings of the Town Council. In past years, Retreats have generally been held early in the calendar year or as-needed, and Special Meetings are held throughout the year on an as-needed basis.
Staff recommends that the Town Council approve the proposed regular Town Council Meeting Schedule for the 2022/2023 Fiscal Year.
Attachments:
1. Town Council Meeting Schedule - 2022/2023 Fiscal Year
ATTACHMENT 1
TOWN COUNCIL
MEETING SCHEDULE
2022/2023 FISCAL YEAR
July 5, 2022 Regular Council Meeting CANCELLED
July 19, 2022 Regular Council Meeting CANCELLED
August 2, 2022 Regular Council Meeting
August 16, 2022 Regular Council Meeting
September 6, 2022 Regular Council Meeting
September 20, 2022 Regular Council Meeting
October 4, 2022 Regular Council Meeting
October 18, 2022 Regular Council Meeting
November 1, 2022 Regular Council Meeting
November 15, 2022 Regular Council Meeting
December 6, 2022 Regular Council Meeting
December 20, 2022 Regular Council Meeting
January 3, 2023 Regular Council Meeting CANCELLED
January 17, 2023 Regular Council Meeting
February 7, 2023 Regular Council Meeting
February 21, 2023 Regular Council Meeting
March 7, 2023 Regular Council Meeting
March 21, 2023 Regular Council Meeting
April 4, 2023 Regular Council Meeting
April 18, 2023 Regular Council Meeting
May 2, 2023 Regular Council Meeting
May 16, 2023 Regular Council Meeting (Annual Budget Hearing) June 6, 2023 Regular Council Meeting
June 20, 2023 Regular Council Meeting
All Council Meetings Listed on This Meeting Schedule Are Regular Meetings as Defined In Municipal Code Section 2.20.010 (Government Code Section 54954)
PREPARED BY: Arn Andrews
Assistant Town Manager
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: 06/07/2022
ITEM NO: 7
DATE: June 1, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a New Agreement with the Chamber of Commerce to Extend the Term of the Destination Marketing American Rescue Plan Act Grant
RECOMMENDATION:
Authorize the Town Manager to execute a new agreement with the Chamber of Commerce to extend the term of the destination marketing American Rescue Plan Act (ARPA) grant.
BACKGROUND:
On May 4, 2021, the Town Council appropriated $55,000 in funds from the American Rescue Plan Act (ARPA) to the Chamber of Commerce for Emergency Destination Marketing Services to promote and encourage residents and visitors to shop, dine, stay and patronize Los Gatos businesses to support economic recovery efforts. The original term of the agreement is from June 30, 2021 to December 31, 2021 (Attachment 1).
DISCUSSION:
The Los Gatos Chamber of Commerce has requested an extension of the agreement due to unforeseen implementation challenges related to ongoing variants and other issues. To address these issues, the Chamber appropriately scaled down their initial plan and to date has committed or expended $47,673 of the original grant. Staff recommends entering into a new agreement, with substantially the same terms, with a twelve-month extension of the agreement to December 31, 2022 to allow the Chamber sufficient time to expend the remaining grant funds prudently.
PAGE 2 OF 2
SUBJECT: Extension of the Chamber’s ARPA Grant Agreement DATE: June 1, 2022
CONCLUSION:
Authorize the Town Manager to execute a new agreement with the Chamber of Commerce to extend the term of the destination marketing American Rescue Plan Act (ARPA) grant agreement to December 31, 2022.
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, and interim Finance Director.
FISCAL IMPACT:
None
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Chamber ARPA Grant Agreement (redline)
AGREEMENT FOR EMERGENCY DESTINATION MARKETING SERVICES BY AND BETWEEN THE
TOWN OF LOS GATOS AND THE LOS GATOS CHAMBER OF COMMERCE THIS AGREEMENT is made and entered into on June 28, 2021, by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LOS GATOS CHAMBER OF COMMERCE, (“Chamber”), whose address is 10 Station Way, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, TOWN appropriated $55,000 in funds from the American Rescue Plan Act (ARPA) on May 18, 2021 for the Chamber to carry out the duties outlined in the proposal for Emergency Destination Marketing (Exhibit A) for a period of six months, and; WHEREAS, TOWN desires to respond to the pandemic or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; WHEREAS, TOWN desires to engage Chamber to provide Emergency Destination Marketing Services to promote and encourage residents and visitors to shop, dine, stay and patronize Los Gatos businesses to support the economic recovery efforts and the impacts of the COVID-19 pandemic, and;
WHEREAS, CHAMBER represents and warrants the truth of all statements contained in Exhibit A and incorporated herein by reference.
1.2 The Chamber represents and affirms that it is willing to perform the desired work pursuant to this Agreement, as proposed in Exhibit A.
1.3 Chamber warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Chamber.
II. AGREEMENTS
2.1 2.2
2.3 Scope of Services. Chamber shall provide services as described in that certain Exhibit A, which is hereby incorporated by reference and attached as Exhibit A.
Term and Time of Performance. This contract will remain in effect from June 30, 2021 to December 31, 2021 December 31, 2022. Chamber shall perform the services described in this agreement as follows: provide Emergency Destination Marketing Services.
Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws.
Chamber represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Chamber to practice its
DocuSign Envelope ID: 3F91273D-A840-434B-9945-B551666B35E3 ATTACHMENT 1
profession. Chamber 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. Chamber 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 Chamber 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 Chamber in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Chamber shall not make any of these documents or information available to any individual or organization not employed by the Chamber or the Town without the written consent of the Town before such release.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $55,000 for Emergency Destination Marketing, inclusive of all costs.
2.7 Billing. Billing shall be in one payment, requested by invoice, within thirty (30) days of the execution of this agreement.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Chamber 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 Use of Town of Los Gatos Branding and Logo. The Town of Los Gatos will provide branding for the Visit Los Gatos Website including a logo and color palette. This shall be used for the creation of the website. The provided branding is property of the Town of Los Gatos and shall only be used by the Chamber for business of and marketing collateral that is executed as a part of , the Emergency Destination Marketing efforts, consistent with that of the Town’s Visitor’s Information Center and Visit Los Gatos website/branding. Use of the logo in social media, print, email, or other form that is not directly related to the Visitor’s Information Center or Visit Los Gatos website requires explicit written permission by the Town of Los Gatos.
DocuSign Envelope ID: 3F91273D-A840-434B-9945-B551666B35E3
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Chamber. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Chamber, 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 Chamber 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. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Chamber 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 Chamber or is based on allegations of Chamber’s negligent performance or wrongdoing.
2.13 Conflict of Interest. Chamber understands that the professional responsibilities of the Town Information Center are solely to the Town. The Chamber has and shall not obtain any holding or interest within the Town of Los Gatos. Chamber 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, Chamber 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. Chamber 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, Chamber discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Chamber shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.14 Use of Funds. The Chamber, including the Visitor Information Center, shall not use any monies received under this agreement for the endorsement, opposition or participation in any political lobbying activity involved in the support or opposition to any candidate for public office, proposed ballot measure or item pending Town Council Action.
2.15 Equal Employment Opportunity. Chamber warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors 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.
DocuSign Envelope ID: 3F91273D-A840-434B-9945-B551666B35E3
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Chamber 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. Chamber 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. Chamber 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. Chamber agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $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.
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 Chamber; products and completed operations of Chamber, premises owned or used by the Chamber. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Chamber’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 Chamber’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 Chamber'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.
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3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Chamber 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, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Chamber 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 Chamber, or any of the Chamber's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Chamber 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 Chamber shall deliver to the Town all plans, files, documents, reports, performed to date by the Chamber. In the event of such termination, Town shall pay Chamber an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Chamber.
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.
DocuSign Envelope ID: 3F91273D-A840-434B-9945-B551666B35E3
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:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
LOS GATOS CHAMBER OF COMMERCE
Attn: Catherine Somers, Executive Director
10 Station Way
Los Gatos, CA 95030
or personally delivered to Chamber to such address or such other address as Chamber 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 of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Chamber. 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 Chamber have executed this Agreement.
Recommended by:
Monica Renn, Economic Vitality Manager
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Los Gatos Chamber of Commerce by:
Catherine Somers, Executive Director
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, Town Clerk
DocuSign Envelope ID: 3F91273D-A840-434B-9945-B551666B35E3 7/6/2021
7/12/2021
7/15/2021
7/16/2021
7/19/2021
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: 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: 06/07/2022
ITEM NO: 8
DATE: June 1, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Extension of the LGS Recreation 55+ Senior Services American Rescue Plan Act Grant
RECOMMENDATION:
Authorize the Town Manager to execute an extension of the LGS Recreation 55+ Senior Services American Rescue Plan Act (ARPA) Grant.
BACKGROUND:
On September 7, 2021, the Town Council appropriated $328,500 in funds from the American Rescue Plan Act (ARPA) to the LGS Recreation 55+ to mitigate the negative effects of senior service provision in Town due to COVID-19. The original term of the agreement is from October 1, 2021 to October 31, 2022 (Attachment 1).
DISCUSSION:
LGS Recreation has requested an extension of the agreement due to unforeseen implementation challenges related to ongoing variants and other issues. To address these issues, LGS Rec appropriately scaled down the implementation of their original plan and to date has committed or expended $123,096.52 of the original grant. Staff recommends a four-month extension of the agreement to February 28, 2023, to allow the LGS Recreation 55+ program sufficient time to expend the remaining grant funds prudently.
CONCLUSION:
Approve extension of LGS Recreation 55+ Senior Services American Rescue Plan Act (ARPA) grant agreement to February 28, 2023.
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SUBJECT: LGS Recreation 55+ ARPA Grant Extension
DATE: June 1, 2022
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, and interim Finance Director.
FISCAL IMPACT:
None
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. LGS Rec 55+ ARPA Grant Agreement
TOWN OF LOS GATOS AMERICAN RESCUE
PLAN ACT (ARPA) GRANT TERMS,
CONDITIONS AND UNDERSTANDINGS
Summary:
The Town of Los Gatos (“Town”) has awarded an ARPA grant to Los Gatos – Saratoga Recreation (LGS Rec) (“Grantee”) in the total amount not to exceed $328,500 for the period from October 1, 2021 to October 31, 2022. This letter (“Agreement”) sets forth the terms and conditions of the grant award.
Payment Terms and Use of Funds:
The grant will be paid on a time and materials basis through invoicing. Grantee must accept the terms of this Agreement prior to disbursement of grant funds. Grant disbursements to the Grantee shall be made after receipt of the grant claim form and the countersigned original of this Agreement. Please submit award claim and signed copy of this agreement to: Town of Los Gatos, Town Manager’s Office, Attention: Lynda Seastrom, 110 E. Main Street, Los Gatos, CA 95030.
Grant funds shall be used exclusively to support the spirit of project(s) as set forth in the Grantee’s proposal (Exhibit A) with the exception of funding for print or community outreach proposals. Any use of funds for a purpose other than that described in the Grantee’s original proposal requires the Town’s prior written consent.
Grantee shall provide complete and accurate records of all financial transactions, including, but not limited to, completed contracts, paid invoices, timecards, cash receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges invoiced to the Town.
Grantee has been awarded these funds consistent with eligible uses as defined by ARPA.
Grantee’s use of funds is designed to help mitigate the negative effects of COVID-19 on the Town’s senior population.
Unused Funds:
At the conclusion of the grant period, Grantee agrees to return any unexpended or unaccounted for funds to the Town. Grantee agrees to return all disbursed funds if (1) grant funds have not been used for their intended purpose, or (2) have been used inconsistent with the terms of this Agreement, or (3) if the activities or outputs funded by the grant are materially incomplete by the end of the grant period, as determined by the Town in its sole discretion.
No Pledge:
This Agreement shall not be interpreted to create any pledge or any commitment by the Town to make any further grants or contributions to Grantee or any other person or entity for this or DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9 ATTACHMENT 1
any other project.
Reporting and Records:
Grantee agrees to deliver to the office of the Town Clerk a final written report (Exhibit B) of the completed project by October 31, 2022. The written report must include copies of any outstanding receipts or financial statements detailing how grant funds were expended. The final written report is a publicly accessible document.
Original receipts and invoices must be maintained by Grantee and shall be make available to the Town upon request. Grantee agrees to maintain adequate financial records consistent with generally accepted accounting practices, and to retain such records for at least five years after the conclusion of the grant period. The Town may monitor and conduct an evaluation of the Grantee’s operation to ensure compliance with the Agreement.
Grantee will provide a minimum of one site visit or project observation at a mutually agreed upon time during the grant period to a representative from the Town Managers Office. An interim check-in by phone, video meeting or email may also by requested at any time during the grant period by either the Town or the Grantee.
No Agency:
Grantee is solely responsible for the results of its services, compliance with the terms of this Agreement, and for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the Grantee and the Town. The Grantee shall not represent itself as an agent of the Town for any purpose and has no authority to bind the Town in any manner whatsoever.
No Lobbying:
Grantee confirms that the grant funds will not be used for the purpose of lobbying, carrying on propaganda or otherwise attempting to influence legislation as defined by the United States Internal Revenue Code of 1986.
No Assignment:
Grantee may not assign this Agreement or delegate performance of the terms of this Agreement or of the project to any other person or entity without the prior written consent of the Town.
Indemnity:
Grantee agrees, to the fullest extent permitted by law, to protect, defend, indemnify and hold harmless the Town, its officer, directors, affiliates, employees, and agents, from any and all claims, injury, liabilities, losses and expenses (including attorney’s fees) directly, indirectly wholly or partially arising from or in connection with any act or omission of Grantee, its DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9
employees or agents, in applying for or accepting the grant, in expending or applying grant funds, or in carrying out the project as set forth in the proposal.
Insurance Requirements:
Grantee shall supply proof of General Liability (GL) insurance and Automobile Liability (AL) insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with the Grant. Both the GL and AL insurance will be in the minimum amount of $1,000,000.00 combined single limit, and will name the Town and the Town officers, employees, agents, and registered volunteers as additional insured under the coverage afforded. Such insurance will be primary and noncontributing with respect to any other insurance available to the Town and will include a severability of interest (cross-liability) clause.
In addition to these policies, Grantee shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
Compliance with Law:
Grantee shall become familiar and comply with and cause all its subcontractors and employees, if any, to become familiar and comply with all applicable federal, state and local laws, ordinances, codes, regulations.
Contact and Notices:
All notices, reports, or other correspondences related to this Agreement shall be sent to the following Addresses:
TOWN
Town of Los Gatos
Town Manager’s Office
110 E. Main St
Los Gatos, CA 95030
GRANTEE
Los Gatos-Saratoga Community Education
and Recreation
208 East Main Street
Los Gatos, CA 95030
Agreement and Authority:
Grantee acknowledges and agrees that this Agreement represents the entire agreement between the Grantee and the Town with respect to the subject matter addressed herein. The terms of this Agreement may be modified only by writing signed by duly authorized representatives of both parties.
DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9
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The person(s) signing this Agreement on behalf of the Grantee represents and warrants to the Town that they have the requisite legal authority and power to execute this Agreement, and to bind Grantee to the obligations contained herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first herein above set forth.
TOWN OF LOS GATOS
__
Laurel Prevetti, Town Manager Date
Los Gatos – Saratoga Recreation Senior Services
Signature of grant representative Date
Nancy Rollett Executive Director
Printed name of grant representative Title of grant
representative APPROVED AS TO FORM:
Robert Schultz, Town Attorney Date
Attest:
___________________________________
Shelley Neis, MMC, CPMC, TownClerk
Exhibits:
A. Grantee’s original proposal
B. Final Grant Report Template
Los Gatos-Saratoga Community Education and Recreation
DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9 3/25/2022
4/2/2022
4/3/2022
4/3/2022
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DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9
PREPARED BY: Monica Renn
Economic Vitality Manager
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: 06/07/2022
ITEM NO: 9
DATE: May 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Town’s Visitors Information Center Including a Visit Los Gatos Website, Related Social Media Pages, and Assist with Related Community Vitality Initiatives as Outlined in the Scope of Services in an Amount Not to Exceed $55,000.
RECOMMENDATION:
Authorize the Town Manager to execute an Agreement for Services with the Los Gatos Chamber of Commerce to manage the Town’s Visitors Information Center including a Visit Los Gatos Website, related social media pages, and assist with related community vitality initiatives as outlined in the Scope of Services in an amount not to exceed $55,000.
BACKGROUND:
In 2001, an agreement for services with the Los Gatos Chamber of Commerce was first executed to include the operation and management of the Town’s Visitors Information Center as well as coordination of the Town’s annual Leadership Los Gatos program. Annual renewals with modifications as needed have been approved by the Council every year thereafter.
The contract amount has increased over time. Most notably for Fiscal Year (FY) 2019/20, the amount increased from a not to exceed amount of $45,000 to a not to exceed amount of $60,000, allocated as $55,000 for Visitors Information Center Services and $5,000 for the assistance with the Town’s Leadership Los Gatos program. This FY 2019/20 agreement for services included a Scope of Services with deliverables and bi-annual reporting required to be submitted by the Chamber accounting for the services rendered.
PAGE 2 OF 4
SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitor Information Center, FY 2022/23
DATE: May 27, 2022
BACKGROUND (continued):
For the following fiscal year (FY 2020/21), the Town Council provided $55,000 to the Chamber as a subsidy for managing the Town’s Visitor’s Information Center and assisting with related community vitality initiatives.
This switch was made to provide the Chamber of Commerce with flexibility during the COVID19 pandemic. The Town Council understood that the shopping, dining, and entertainment environment was drastically different than typical years, thus approved the subsidy so that the Chamber could remain nimble and serve the community as they saw fit through the various stages of the pandemic. Additionally, no new Leadership Los Gatos class was established in FY 2020/21.
On May 4, 2021, the Town Council allocated $55,000 of the American Rescue Plan Act (ARPA) funds to the Chamber of Commerce to assist with emergency destination marketing to provide a jumpstart to community vitality efforts. The destination marketing effort included: the creation of a “one stop” branded website, Visit Los Gatos; social media content development; video production of a Visit Los Gatos promotional video; investment into Visit California content; media relations, and “Fam” trips which are local tours for hotel and hospitality staff to get to know the area in order to make recommendations to guests. When this money was allocated, the Town Council noted that this annual agreement for services would be forthcoming and that it was necessary to show a distinction between the services rendered under the funds allocated for the emergency destination marketing, and the services rendered under the Chamber’s annual agreement to facilitate the Town’s Visitors Information Center.
Subsequently, on June 15, 2021, the Town Council approved the annual agreement for services for FY 2021/22, for the Chamber of Commerce to operate the Town’s Visitors Information Center (Attachment 1) that included refreshed deliverables in the Scope of Services, which were developed in collaboration with the Chamber, and focused on website and social media efforts. Leadership Los Gatos was not included for FY 2021/22 as the program had not returned due to the ongoing COVID-19 pandemic.
Thus, as directed by the Town Council, separate agreements for each funding allotment were executed to provide clarity and distinction of service deliverables. A time extension to the emergency destination marketing agreement is also being considered by the Town Council at this meeting, under a separate item.
DISCUSSION:
On May 17, 2022, the Town Council approved a Town budget for FY 2022/23 that included $55,000 to fund the annual agreement with the Chamber of Commerce for its services to
PAGE 3 OF 4
SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitor Information Center, FY 2022/23
DATE: May 27, 2022
DISCUSSION (continued):
operate the Town’s Visitors Information Center, thus staff is bringing forward the agreement for Town Council’s consideration and approval (Attachment 2).
The draft agreement and scope of services for FY 2022/23 recommends a status quo draft agreement and scope of services, for the Chamber of Commerce to continue providing services for the Town’s Visitors Information Center as agreed upon for FY 2021/22.
The Chamber of Commerce provided a written request to staff to increase the amount of funds the Town provides from $55,000 to $88,500 for the Visitor Information Center with modified services. Based on the executed agreement and scope of service from FY 2021/22, apart from street pole banners, the services for which the additional funds are being requested are covered as cores services in the current agreement including social media and the management of a branded visitor’s website.
During FY 2021/22, the Chamber worked to create a Visit Los Gatos brand and website, and related social media accounts, and partnered with the Town to host merchant meetings throughout the year to facilitate open communication on topics such as parklet vendors, retail safety and awareness, and the Town’s employee parking program, all of which meet the services outlined in the current agreement.
With the renewal of the annual contract for services, the Town is seeking to contract with the Chamber of Commerce for the specific services outlined in the FY 2022/23 draft agreement and scope of services and looks forward to the continued partnership.
CONCLUSION:
Authorize the Town Manager to execute an Agreement for Services with the Los Gatos Chamber of Commerce to manage the Town’s Visitors Information Center including a Visit Los Gatos Website, related social media pages, and assist with related community vitality initiatives as outlined in the scope of services in an amount not to exceed $55,000.
FISCAL IMPACT:
Funds for this agreement for services have been incorporated in the FY 2022/23 budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 4 OF 4
SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitor Information Center, FY 2022/23
DATE: May 27, 2022
Attachments:
1. FY 2021/22 executed Agreement for Services for the Chamber of Commerce to manage the Town’s Visitors Information Center
2. Draft Agreement for Services for the Chamber of Commerce to manage the Town’s Visitors Information Center for FY 2022/23
3. Proposal from the Chamber of Commerce for increased funding for the Chamber to manage the Town’s Visitors Information Center
AGREEMENT FOR SERVICES BY AND BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS CHAMBER OF COMMERCE FISCAL YEAR 2021/2022
THIS AGREEMENT is made and entered into on June 15, 2021, by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LOS GATOS CHAMBER OF COMMERCE, (“Chamber”), whose address is 10 Station Way, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, TOWN appropriated funds in its Fiscal Year 2021/2022 Budget for allocation of funds, and;
WHEREAS, Town desires to engage Chamber to provide services as permitted, and TOWN has appropriated funds for this purpose, to be utilized during the time period between July 1, 2021, and June 30, 2022, and;
WHEREAS, CHAMBER represents and warrants the truth of all statements contained in “Scope of Services” attached as Exhibit A and incorporated herein by reference.
WHEREAS, TOWN and Los Gatos Chamber of Commerce has executed an Agreement since Fiscal Year 2001, and;
WHEREAS, TOWN desires to engage the Chamber to provide Town Visitor’s Information Center, including a redesigned and robust Visit Los Gatos Website with the Town of Los Gatos.
1.2 The Chamber represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Chamber warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Chamber.
II. AGREEMENTS
2.1 Scope of Services. Chamber shall provide services as described in that certain Exhibit A Chamber of Commerce Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2021, to June 30, 2022. Chambershall perform the services described in this agreement as follows:
provide the Visitor’s Information Center including the Visit Los Gatos website as outlined in Exhibit A – Scope of Services.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F ATTACHMENT 1
2.3 Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Chamber represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Chamber to practice its profession. Chamber 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. Chamber 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 Chamber 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 Chamber in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Chamber shall not make any of these documents or information available to any individual or organization not employed by the Chamber or the Town without the written consent of the Town before such release.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $55,000 for Town Visitor’s Information Center including the Visit Los Gatos Website, inclusive of all costs.
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 as described in Exhibit A.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Chamber 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.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
2.9 Annual Report. Chamber shall provide, at a minimum, reports in December 2021 and May 2022 including services rendered by the Visitor’s Information Center and Visit Los Gatos Website accounting of expenditures of the funds covered by this agreement; and, analytics and data reflective of activity and online “traffic” on the website, social media and boosts/advertisements with direct links to the website as described in Exhibit A - Scope of Services.
2.10 Use of Town of Los Gatos Branding and Logo. The Town of Los Gatos will provide branding for the Visit Los Gatos Website including a logo and color palette. This shall be used for the creation of the website. The provided branding is property of the Town of Los Gatos and shall only be used by the Chamber for business of and marketing collateral that is executed as a part of the Visitor’s Information Center or Visit Los Gatos website. Use of the logo in social media, print, email, or other form that is not directly related to the Visitor’s Information Center or Visit Los Gatos website requires explicit written permission by the Town of Los Gatos.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Chamber. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Chamber, 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 Chamber 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. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Chamber 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 Chamber or is based on allegations of Chamber’s negligent performance or wrongdoing.
2.13 Conflict of Interest. Chamber understands that the professional responsibilities of the Town Information Center are solely to the Town. The Chamber has and shall not obtain any holding or interest within the Town of Los Gatos. Chamber 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, Chamber 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. Chamber 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, Chamber discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Chamber shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
2.14 Use of Funds. The Chamber (Visitor Information Center) shall not use any monies received under this agreement for the endorsement, opposition or participation in any political lobbying activity involved in the support or opposition to any candidate for public office, proposed ballot measure or item pending Town Council Action.
2.15 Equal Employment Opportunity. Chamber warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors 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
3.1 Minimum Scope of Insurance:
i. Chamber 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. Chamber 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. Chamber 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. Chamber agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $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.
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 Chamber; products and completed operations of Chamber, premises owned or used by the Chamber. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
ii. The Chamber’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 Chamber’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 Chamber's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Chamber 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, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Chamber 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 Chamber, or any of the Chamber's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
4.3 Termination of Agreement. The Town and the Chamber 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 Chamber shall deliver to the Town all plans, files, documents, reports, performed to date by the Chamber. In the event of such termination, Town shall pay Chamber an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Chamber.
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:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
LOS GATOS CHAMBER OF COMMERCE
Attn: Catherine Somers, Executive Director
10 Station Way
Los Gatos, CA 95030
or personally delivered to Chamber to such address or such other address as Chamber 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 of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Chamber. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
IN WITNESS WHEREOF, the Town and Chamber have executed this Agreement.
Recommended by:
Monica Renn, Economic Vitality Manager
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Los Gatos Chamber of Commerce by:
Catherine Somers, Executive Director
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, Town Clerk
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F 7/6/2021
7/12/2021
7/13/2021
7/13/2021
7/14/2021
EXHIBIT A - SCOPE OF SERVICES
AGREEMENT FOR SERVICES WITH THE CHAMBER OF COMMERCE
FY 2021/2022
LOS GATOS VISITOR INFORMATION CENTER & VISIT LOS GATOS WEBSITE $55,000
All services rendered as a part of this scope of services under the function of the Los Gatos Visitor Information Center shall be to the benefit and promotion of Town-wide stakeholders including businesses, residents, and visitors.
The following services and information will be coordinated and provided by the Chamber of Commerce as a part of the operations of the Los Gatos Visitor Information Center and Visit Los Gatos Website:
1. Create and maintain branded website that is easily accessible and simple to navigate. a. Simple url that is easily identified, published, and remembered; b. Appears in keyword searches as a top option for phrases such as: Visit Los Gatos; Things to do in Los Gatos; Los Gatos Restaurants; Los Gatos Hotels; Los Gatos Events, etc.;
c. Inclusive of all businesses in featured categories, regardless of Chamber of Commerce membership status;
d. Includes businesses throughout the Town including Downtown, The Boulevard, and featured shopping centers;
e. Branding and messaging reflective of the Town’s goals and objectives, final brand to be approved by the Town;
i. Town will provide logo and color palette
f. Language on the website must reflect the partnership of the Town of Los Gatos and Chamber of Commerce as partners/sponsors of the website; g. Provide limited printed marketing materials such as small cards, window clings, counter signs, or other appropriate collateral that may be displayed or provided to visitors at the hotels, restaurants, shops, Chamber of Commerce Office, Town Hall, Library, etc. that identifies and promotes the Visit Los Gatos website; h. Website maintained weekly by Chamber of Commerce to ensure information is up to date.
i. Town staff will provide new business information as available; i. Website launched within 4 months of contract execution; and, j. Town of Los Gatos will maintain a direct link to the Visit Los Gatos website as its primary source for visitor information.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
2. Social Media advertisement of Visit Los Gatos Website:
a. Purchase/provide social media ads and/or boosts that promote the Visit Los Gatos website and track “clicks” and visits directly linked to the webpage. b. Minimum three posts per week on each social media outlet promoting the Visit Los Gatos web address, Town will also utilize social media accounts to promote Visit Los Gatos website;
c. Provide the “link in the bio” to the Visit Los Gatos website on all social media accounts where available; and,
d. Identify two-three official designated hash tags, one should be #experiencelosgatos, that are included on all social media posts.
3. Continue to support the Town’s business outreach efforts for events, meetings, and programs through social media, email, etc.
a. Promote Town events in Chamber of Commerce marketing materials including email notifications and newsletters.
4. Offer in-person Los Gatos Visitor Information Center services from the Chamber of Commerce offices.
a. Respond to walk-in and call-in inquiries, and encourage engagement with the Visit Los Gatos website; and
b. Allow Town meetings with the business community to be conducted at the Chamber of Commerce offices during mutually agreed upon times and days.
5. Bi-Annual written reports and monthly invoicing:
a. Upon request, and at a minimum twice annually, in December and late May, Chamber shall provide analytics in a written report for the identified objectives. b. Invoice the Town for payment of services monthly, as described in the attached agreement.
DocuSign Envelope ID: 3F7617D4-A3BC-4A02-B90A-FB2CC703795F
AGREEMENT FOR SERVICES BY AND BETWEEN THE TOWN OF LOS GATOS AND THE LOS GATOS CHAMBER OF COMMERCE FISCAL YEAR 2022/2023
THIS AGREEMENT is made and entered into on June 7, 2022, by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LOS GATOS CHAMBER OF COMMERCE, (“Chamber”), whose address is 10 Station Way, Los Gatos, California. This Agreement is made with reference to the following facts.
I. RECITALS
WHEREAS, TOWN appropriated funds in its Fiscal Year 2022/2023 Budget for allocation of funds, and;
WHEREAS, Town desires to engage Chamber to provide services as permitted, and TOWN has appropriated funds for this purpose, to be utilized during the time period between July 1, 2022, and June 30, 2023, and;
WHEREAS, CHAMBER represents and warrants the truth of all statements contained in “Scope of Services” attached as Exhibit A and incorporated herein by reference.
WHEREAS, TOWN and Los Gatos Chamber of Commerce have executed an Agreement since Fiscal Year 2001, and;
WHEREAS, TOWN desires to engage the Chamber to provide Town Visitor’s Information Center, including a redesigned and robust Visit Los Gatos Website with the Town of Los Gatos.
1.2 The Chamber represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Chamber warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Chamber.
II. AGREEMENTS
2.1 Scope of Services. Chamber shall provide services as described in that certain Exhibit A Chamber of Commerce Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2022, to June 30, 2023. Chambershall perform the services described in this agreement as follows:
provide the Visitor’s Information Center including the Visit Los Gatos website as outlined in Exhibit A – Scope of Services.
ATTACHMENT 2
2.3 Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Chamber represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Chamber to practice its profession. Chamber 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. Chamber 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 Chamber 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 Chamber in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Chamber shall not make any of these documents or information available to any individual or organization not employed by the Chamber or the Town without the written consent of the Town before such release.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $55,000 for Town Visitor’s Information Center including the Visit Los Gatos Website, inclusive of all costs.
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 as described in Exhibit A.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Chamber 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 Annual Report. Chamber shall provide, at a minimum, reports in December 2022 and May 2023 including services rendered by the Visitor’s Information Center and Visit Los Gatos Website accounting of expenditures of the funds covered by this agreement; and, analytics and data reflective of activity and online “traffic” on the website, social media and boosts/advertisements with direct links to the website as described in Exhibit A - Scope of Services.
2.10 Use of Town of Los Gatos Branding and Logo. The Town of Los Gatos will provide branding for the Visit Los Gatos Website including a logo and color palette. This shall be used for the creation of the website. The provided branding is property of the Town of Los Gatos and shall only be used by the Chamber for business of and marketing collateral that is executed as a part of the Visitor’s Information Center or Visit Los Gatos website. Use of the logo in social media, print, email, or other form that is not directly related to the Visitor’s Information Center or Visit Los Gatos website requires explicit written permission by the Town of Los Gatos.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Chamber. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Chamber, 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 Chamber 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. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Chamber 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 Chamber or is based on allegations of Chamber’s negligent performance or wrongdoing.
2.13 Conflict of Interest. Chamber understands that the professional responsibilities of the Town Information Center are solely to the Town. The Chamber has and shall not obtain any holding or interest within the Town of Los Gatos. Chamber 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, Chamber 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. Chamber 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, Chamber discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Chamber shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.14 Use of Funds. The Chamber (Visitor Information Center) shall not use any monies received under this agreement for the endorsement, opposition or participation in any political lobbying activity involved in the support or opposition to any candidate for public office, proposed ballot measure or item pending Town Council Action.
2.15 Equal Employment Opportunity. Chamber warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors 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
3.1 Minimum Scope of Insurance:
i. Chamber 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. Chamber 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. Chamber 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. Chamber agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $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.
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 Chamber; products and completed operations of Chamber, premises owned or used by the Chamber. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Chamber’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 Chamber’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 Chamber's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Chamber 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, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Chamber 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 Chamber, or any of the Chamber's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Chamber 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 Chamber shall deliver to the Town all plans, files, documents, reports, performed to date by the Chamber. In the event of such termination, Town shall pay Chamber an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Chamber.
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:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
LOS GATOS CHAMBER OF COMMERCE
Attn: Catherine Somers, Executive Director
10 Station Way
Los Gatos, CA 95030
or personally delivered to Chamber to such address or such other address as Chamber 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 of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Chamber. 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 Chamber have executed this Agreement.
Recommended by:
Monica Renn, Economic Vitality Manager
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Los Gatos Chamber of Commerce by:
Executive Director
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Shelley Neis, Town Clerk
EXHIBIT A - SCOPE OF SERVICES
AGREEMENT FOR SERVICES WITH THE CHAMBER OF COMMERCE
FY 2022/2023
LOS GATOS VISITOR INFORMATION CENTER & VISIT LOS GATOS WEBSITE $55,000
All services rendered as a part of this scope of services under the function of the Los Gatos Visitor Information Center shall be to the benefit and promotion of Town-wide stakeholders including businesses, residents, and visitors.
The following services and information will be coordinated and provided by the Chamber of Commerce as a part of the operations of the Los Gatos Visitor Information Center and Visit Los Gatos Website:
1. Create and maintain branded website that is easily accessible and simple to navigate. a. Simple url that is easily identified, published, and remembered; b. Appears in keyword searches as a top option for phrases such as: Visit Los Gatos; Things to do in Los Gatos; Los Gatos Restaurants; Los Gatos Hotels; Los Gatos Events, etc.;
c. Inclusive of all businesses in featured categories, regardless of Chamber of Commerce membership status;
d. Includes businesses throughout the Town including Downtown, The Boulevard, and featured shopping centers;
e. Branding and messaging reflective of the Town’s goals and objectives, final brand to be approved by the Town;
i. Town will provide logo and color palette
f. Language on the website must reflect the partnership of the Town of Los Gatos and Chamber of Commerce as partners/sponsors of the website; g. Provide limited printed marketing materials such as small cards, window clings, counter signs, or other appropriate collateral that may be displayed or provided to visitors at the hotels, restaurants, shops, Chamber of Commerce Office, Town Hall, Library, etc. that identifies and promotes the Visit Los Gatos website; h. Website maintained weekly by Chamber of Commerce to ensure information is up to date.
i. Town staff will provide new business information as available; i. Website launched within 4 months of contract execution; and, j. Town of Los Gatos will maintain a direct link to the Visit Los Gatos website as its primary source for visitor information.
2. Social Media advertisement of Visit Los Gatos Website:
a. Purchase/provide social media ads and/or boosts that promote the Visit Los Gatos website and track “clicks” and visits directly linked to the webpage. b. Minimum three posts per week on each social media outlet promoting the Visit Los Gatos web address, Town will also utilize social media accounts to promote Visit Los Gatos website;
c. Provide the “link in the bio” to the Visit Los Gatos website on all social media accounts where available; and,
d. Identify two-three official designated hash tags, one should be #experiencelosgatos, that are included on all social media posts.
3. Continue to support the Town’s business outreach efforts for events, meetings, and programs through social media, email, etc.
a. Promote Town events in Chamber of Commerce marketing materials including email notifications and newsletters.
4. Offer in-person Los Gatos Visitor Information Center services from the Chamber of Commerce offices.
a. Respond to walk-in and call-in inquiries, and encourage engagement with the Visit Los Gatos website; and
b. Allow Town meetings with the business community to be conducted at the Chamber of Commerce offices during mutually agreed upon times and days.
5. Bi-Annual written reports and monthly invoicing:
a. Upon request, and at a minimum twice annually, in December and late May, Chamber shall provide analytics in a written report for the identified objectives. b. Invoice the Town for payment of services monthly, as described in the attached agreement.
SCOPE OF SERVICES
CHAMBER OF COMMERCE • FY 2022/2023
LOS GATOS VISITOR INFORMATION CENTER: $88,500
All services rendered as part of this scope of services under the function of the Los Gatos Visitor Information Center, shall be to the benefit and promotion of Town-wide stakeholders including businesses, residents and visitors.
The following services and information will be coordinated and provided by the Chamber of Commerce (Chamber) as a part of the operations of the Los Gatos Visitor and Information Center:
• Offer Los Gatos Information Center walk in and call services from the Chamber of Commerce offices 40 hours a week, 52 weeks a year except for scheduled holiday closures. Be an information hub for all.
• Respond to Los Gatos visitor and resident inquiries regarding shopping, dining, lodging, events, relocation, general commerce, senior services, service organizations and service providers and other related visitor information topics.
• Coordinate and distribute various Los Gatos marketing materials such as maps, guides, and wayfinding collateral that is inclusive of all applicable businesses and business districts, and not exclusive to Chamber of Commerce members. Marketing materials may be printed or may be formatted as the market demands for social media, online, electronic notifications, email, etc. • Assist with the assembly and distribution of Los Gatos relocation packets in coordination with the Town.
• Promote Town events in Chamber marketing materials including email notifications, newsletters, local newspaper ads and social media posts and boosts. • Maintain the new standalone “Visit Los Gatos” website in which visitors to the Town’s website will be redirected and be able to access information relating to Los Gatos merchants, restaurants, lodging, entertainment, and parking guides, inclusive of both Chamber and nonChamber member businesses. • Maintain both the new Facebook and Instagram “Visit Los Gatos” pages. Services are provided by a contracted Social Media Consultant, whose exclusive role is creating content for the “Visit Los Gatos” social media accounts.
• Allow Town meetings with the business community to be conducted at the Chamber offices during mutually agreed upon times and days.
• Design, produce and coordinate hanging of decorative street pole banners to promote Town vitality. Banner design shall be approved by Town prior to installation. • Convene leaders in the community and encourage collaborative relationships around town-wide special events, programs and services.
ATTACHMENT 3 Page 82
SCOPE OF SERVICES
CHAMBER OF COMMERCE • FY 2022/2023
• Be a champion for economic vitality as it relates to visitor parking, recruitment of new businesses, summer cut through traffic, town wide events, transportation, general plan, etc.
Visitor Center
Per usual to cover basics rent, staff, public restroom, management of food and wine committee, and other services listed above 55,000
Social Media for Visit Los Gatos
*added this year as we have assessed this component is critical for destination marketing success
24,000
Visit Los Gatos website maintenance
*Staff to update website daily to reflect everything happening in town and to let folks know what there is to do when they visit our town. 2,500
Street Pole Banners
*Banners have a life span of about 18 months and are a good reflection of who we are as a town and what is important to us, not to mention they are vibrant and colorful and create a feel good have feel for all. 7,000
TOTAL $88,500
PREPARED BY: Monica Renn
Economic Vitality Manager
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: 06/07/2022
ITEM NO: 9
ADDENDUM
DATE: May 27, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Town’s Visitors Information Center Including a Visit Los Gatos Website, Related Social Media Pages, and Assist with Related Community Vitality Initiatives as Outlined in the Scope of Services in an Amount Not to Exceed $55,000.
RECOMMENDATION:
Attachment 4 contains public comment received 11:01 a.m. Thursday, June 2 to 11:00 a.m.
Friday, June 3, 2022.
Attachments previously received with the Staff Report:
1. FY 2021/22 executed Agreement for Services for the Chamber of Commerce to manage the Town’s Visitors Information Center
2. Draft Agreement for Services for the Chamber of Commerce to manage the Town’s Visitors Information Center for FY 2022/23
3. Proposal from the Chamber of Commerce for increased funding for the Chamber to manage the Town’s Visitors Information Center
Attachment received with this Addendum:
4. Public Comment received 11:01 a.m. June 2 to 11:01 a.m. June 3, 2022
From: Donna McCurrie <[email protected]>
Sent: Thursday, June 2, 2022 2:51 PM
To: Council <[email protected]>
Cc: Catherine Somers <[email protected]>; Randi Chen <[email protected]> Subject: Visit Los Gatos Agreement-June 7 Town Council Meeting
EXTERNAL SENDER
Dear Mayor Rennie and Council Members,
For your consideration prior to the June 7, 2022 council meeting.
Thank you,
Donna McCurrie
ATTACHMENT 4
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
June 2, 2022
Dear Mayor Rennie and Council Members,
The Los Gatos Visitor Center would like to pull the Visitor and Information Center Contract from the June 7 Consent Agenda.
The past few years the Visitor Center staff has been committed to building the Visitor and Information Center into Visit Los Gatos CA. Visit Los Gatos CA is the destination marketing arm for Los Gatos. This continuing commitment entails building and marketing the Visit Los Gatos CA brand through social media and the destination website in addition to the brick-and-mortar visitor and information center.
The money from our annual $55K agreement plus the $55K ARPA one-time emergency destination marketing funds have allowed us to build these foundations over the past year. In order to maintain, grow the brand and bring more visitors to Los Gatos, we are requesting an annual increase of $33.5K to our existing agreement bringing the total to $88.5K. (See Charts 1 & 2) The Chamber fully understands the Town’s current financial constraints and concern regarding a projected $1,000,000 shortfall in TOT from 2018-2019. While the staff is still navigating the destination & digital marketing learning curve, studies have shown there is a direct positive impact on visitor spending per $1 invested in sales and marketing. (See Chart 3). Increasing our brand awareness as a destination location has the added benefit increasing our hotel occupancy rate and in return a financial benefit for the Town. In other words, heads in beds increases TOT and sales tax revenue. (See Chart 4) There are two questions Council should consider:
1. “Do you want Los Gatos to be a destination location?” Visit Los Gatos CA plays a vital role in the development of Los Gatos as a destination location. • Boosts audience engagement and following. Followers have increased by 47.6% since the transition from Experience Los Gatos to Visit Los Gatos.
Experience Los Gatos (1999-6/7/21)-2706 Followers
Visit Los Gatos (6/8/21-Present)-5685 Followers
• Increases brand awareness of Los Gatos as a destination by reaching potential visitors outside of Silicon Valley.
• Represents and promotes ALL businesses in Los Gatos. Whereas the Chamber social media accounts & website promote members only, Visit Los Gatos CA levels the playing field for all businesses. It gives all businesses free marketing and advertising exposure.
• Promotes non-business sectors of Los Gatos: parks, hiking, biking, and Town and community organizations’ special events.
• Establishes the Social media staff person as an influencer who drives our message to a target audience.
Through the creation of targeted, engaging and quality content, our social media influencer has established themselves as an expert. They continue to build credibility and trust among our followers who in turn recommend the site and social media accounts to others.
2. How much longer can Los Gatos rely only on its residents to financially support the Town? Tourism plays a critical role in funding the Town’s budget and takes the tax burden off the residents.
As an example, in their destination business plan supplement for 2022, Newport Beach and Company, the Destination Marketing Organization (DMO) for Newport Beach, CA summarizes it as follows:
“By enticing visitors to stay in Newport Beach, the City of Newport Beach generates Transient-Occupancy Tax (TOT), its third-largest revenue source. This income to the city benefits residents, saving each household an average of $1,139 in additional taxes every year, while maintaining the exceptional infrastructure and city services expected in Newport Beach. To keep the Newport Beach economy churning at the same levels and to keep thousands of local businesses open, each household would have to spend an additional $43,922 more locally each year in Newport Beach, to make up for the economic benefits of tourism.” Source: https://newportbeachandco.com/wp-content/uploads/2021/05/DBP_2022.pdf
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
Visit California recently published its California’s Visitor Economy Travel Forecast & Key Drivers for April 2022 with the follow major takeaways.
• Tourism spending in California grew to $100.2 billion in 2021, 69% of the 2019 amount. • Travel-related spending from Domestic visitors is expected to recover to 104% of 2019 levels in 2022, while international spending will only recover to 53%.
• Total travel-related spending in California is not expected to reach pre-coronavirus levels until 2023 and 28% above 2019 spending levels by the end of 2026.
• Overall, Leisure travel (person trips) could recover to 94% of 2019 volume in 2022, while Business-related travel will recover to 79%.
• International Inbound travel spending increased 3% in 2021, and is expected to reach $15 billion, or 53% of 2019 spending in 2022.
• Travel-generated tax revenue increased to $15.0 billion in 2021, an increase of 23.1% from the prior year. Compared to 2019, travel-generated tax revenue is down 25.4 percent. • Visitors who stayed in a Hotel, Motel, or STVR spent $52.4 billion in 2021, an increase of 44.0%. Visitors who stayed in a Private Home with friends and relatives spent $17.0 billion in 2021, an increase of 136.1%. • Direct travel-related spending in California grew to $100.2 billion in 2021, a 46.3 percent increase from the previous year. Compared to the peak of 2019, travel spending was down 30.9 percent in 2021. • Statewide hotel occupancy averaged 71.5% in April 2022, a 19.4% increase from 2021.
Note: San Francisco Bay Area occupancy averaged 67.1% in April 2022 • The state’s average daily rate was $188.95 per night, up 41.3% year over year and 12.3% vs. 2019.
Note: San Fran Bay Area average daily rate was $186 per night Source: https://industry.visitcalifornia.com/research/economic-impact The short answer to all of this is, now more than ever, we must be competitive to increase our share of the domestic travel market. There is money to be had. Each additional visitor to Los Gatos will incrementally increase the Town’s TOT and sales tax revenue. (Chart 5) (Chart 6)
The requested increase in the Visit Los Gatos CA budget is a short-term funding fix. The requested $33.5K increase will fund social media outreach, further website enhancements, and inviting street pole banners.
Long-term funding strategies such as Tourism Improvement Districts (TID) combined with a percentage of TOT that puts the tax burden on the visitors and not the residents require further discussion. Municipalities across the state and country have invested in forming tax-funding mechanisms that support their destination marketing efforts. If this is a consideration perhaps Council can convene a work study session with stakeholders; Town staff, Chamber, Visit Los Gatos CA, Finance Commission, and hotel representatives to consider the direction going forward.
Thank you for your consideration in this matter.
Respectfully,
The Executive Director and Staff of Visit Los Gatos CA
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
Chart 1
Scope of Services Visit Los Gatos CA
FY 2022-23
Item Cost
Visit Los Gatos CA Visitor Center $55,000
Visit Los Gatos CA social media salary $24,000
Visit Los Gatos CA website maintenance $2,500
Street Pole Banners $7,000
Total $88,500
Chart 2
Visit Los Gatos CA Pie Chart
Chart 3
Visitor spending per $1 invested in Sales & Marketing
City Year Visitor $
Visit
Baltimore
2019 $36
Visit San
Antonio
2019 $50
Visit SLO 2018 $44.40
Source: https://www.lovecatalina.com/tbid/
Note: A consultant could provide Los Gatos with this information.
Where to Find us on social media
https://www.facebook.com/LosGatosChamberofCommerce/
https://www.instagram.com/losgatoschamber/
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
Chart 4
Los Gatos chamber of Commerce Occupancy and TOT Analysis Source: LGCC & https://industry.visitcalifornia.com/research/researchdashboard Town of Los Gatos
Proposed 22/23 $1.6M
Forecast 23/24 $1.7M
24/25 $1.8M
25/26 $1.9M
26/27 $1.9M
27/28 $2.0M
Source: https://www.losgatosca.gov/DocumentCenter/View/30442/FY-2022-23-Proposed-Budget
Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
Chart 5
The following Chart summarizes information published by Visit California for 2021 Travel Related Spending & State & Local Tax Revenues generated.
Source: https://industry.visitcalifornia.com/research/economic-impact Chart 6
Overnight Visitors to California by Origin State
Location ’21 Travel related
spending
’21 State & Local
Tax Revenue
By County
% total
CA ’21 State & Local
Tax Revenue
California $100.2 B $9.8 B
Santa Clara County $4.1 B $368.4 M 3.76%
Santa Cruz County $692.8 M $69.8M .70%
Monterey County $2.5 B $264 M 2.69%
Sonoma County $2.0 B $197.6 M 2.0%
Napa County $1.5 B $159.5 M 1.62%
San Francisco
County
$6.1 B $539M 5.5%
LA County $19.6 B $2.3 B 23.5%
San Diego County $9.4 B $878.7 M 8.9%
Source: https://industry.visitcalifornia.com/research/researchdashboard
PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 10
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Establishing the Fiscal Year 2022/23 Gann Appropriation Limit for the Town of Los Gatos
RECOMMENDATION:
Adopt a resolution establishing the Fiscal Year (FY) 2022/23 Gann Appropriation Limit for the Town of Los Gatos.
BACKGROUND:
On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This Proposition, which became effective in FY 1980/81, mandated an appropriation (spending) limit on the amount of tax proceeds that the State and most local government jurisdictions may appropriate within a fiscal year. Charges for services, fees, grants, loans, donations, and other non-tax proceeds are excluded from the spending limitation. Exemptions are also made for voter-approved debt prior to January 1, 1979 and the cost of court-related or Federal government mandates.
The Initiative was later modified by two propositions: Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to the State or citizens through a process of refunds, rebates, or other means.
Proposition 111 allowed more flexibility in the appropriation calculation factors.
DISCUSSION:
Attachment 1 for Council consideration is a resolution establishing an appropriation limit for FY 2022/23. The appropriation limit is based on population and per capita income data
PAGE 2 OF 2
SUBJECT: Adopt Resolutions Establishing the FY 2022/23 Gann Appropriations Limit for the Town of Los Gatos
DATE: June 2, 2022
C:\Users\MeetingsOfficeUser\AppData\Local\Temp\tmp1BCA.tmp DISCUSSION (continued):
provided by the State of California Department of Finance. In alignment with State guidelines, the appropriation limit for FY 2022/23 was calculated using inflation and population factors comprised of the change in County or Town population (whichever is higher) and the change in California per capita personal income.
The calculation of the FY 2022/23 Gann Appropriation Limit is as follows:
The appropriation limit is the total amount of tax money that can be appropriated by the Town in FY 2022/23. The proposed FY 2022/23 budget anticipates $33,766,598 in taxes, which is $17,855,439 less than the appropriation limit of $51,622,037.
FISCAL IMPACT:
There is not direct identifiable fiscal impact from this action.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Resolution establishing the Gann Appropriation Limit for FY 2022/23 Town Per Capita 2021/22 2022/23
Population Income Appropriation Appropriation Appropriation Factor Factor Factor Limit Limit
0.9961 X 1.0755 = 1.071306 X $ 48,186,101 = $ 51,622,037 FY 2022/23 Calculation
1 of 3
Resolution 2022 - June 7, 2022
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING THE FY 2022/23 APPROPRIATIONS LIMIT
FOR THE TOWN OF LOS GATOS
WHEREAS, Article XIIIB of the California Constitution (Limitation of Government Appropriations) was passed by the California electorate on November 6, 1979, and became effective on July 1, 1980; and
WHEREAS, Chapter 1205, Statute of 1980, Section 7900 of the California Government Code formally implements methods for governmental entities to establish and define annual appropriations limits; and
WHEREAS, the growth factors used to calculate the Annual Appropriations Limit are County or Town population change and the increase in the California per capita income; WHEREAS, in addition to the annual inflation and population adjustments, state law requires the Appropriations Limit to be adjusted in the event that the financial responsibility for providing services is transferred in whole or in part from one entity of government to another; and
THEREFORE, BE IT RESOLVED: that the Annual Appropriations Limit for the Town of Los Gatos for FY 2022/23 is $51,622,037 as reflected in Exhibit A.
ATTACHMENT 1
2 of 3
Resolution 2022 - June 7, 2022
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of June 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: __________________
3 of
3 Resolution 2022- June7, 2022
EXHIBIT A
For Beginning County Town Per Capita Ending %
YE Population Population Income Limit
Limit Factor Factor Factor Limit Increase
2010 28,426,367 1.0156 1.0108 1.0062 29,048,811 2.19%
2011 29,048,811 1.0126 1.0101 0.9746 28,667,689 -1.31%
2012 28,667,689 1.0089 1.0096 1.0251 29,669,366 3.49%
2013 29,669,366 1.0124 1.0081 1.0377 31,169,671 5.06%
2014 31,169,671 1.0157 1.0147 1.0512 33,279,977 6.77%
2015 33,279,977 1.0150 1.0102 0.9977 33,701,485 1.27%
2016 33,701,485 1.0113 1.0020 1.0382 35,384,256 4.99%
2017 35,384,256 1.0126 1.0070 1.0537 37,754,174 6.70%
2018 37,754,174 1.0081 1.0040 1.0369 39,464,396 4.53%
2019 39,464,396 1.0099 1.0050 1.0367 41,317,775 4.70%
2020 41,317,775 1.0033 0.9998 1.0385 43,050,108 4.19%
2021 43,050,108 1.0037 1.0234 1.0373 45,831,327 * 6.46% 2022 45,831,327 0.9944 0.9919 1.0573 48,186,101 5.14%
2023 48,186,101 0.9931 0.9961 1.0755 51,622,037 7.13%
Town Per Capita 2021/23 2022/23
Population Income Appropriation Appropriation Appropriation Factor Factor Factor Limit Limit
0.9961 X 1.0755 = 1.071306 X $ 48,186,101 = $ 51,622,037 2022/23 2022/23 Percentage
Tax Appropriation of
Revenues Limit Limit
33,766,598 / $ 51,622,037 = 65%
Percentage of Appropriation
*FY 2020/21 ending and FY 2021/22 beginning Appropriation Limit includes an adjustment of $130,503 to adress the annexed parcels from Santa Clara County. The Town of Los Gatos increasing its base by $130,503 while the County of Santa Clara decreasing its base with the same amount.
APPROPRIATION LIMIT FACTORS
Appropriation Appropriation
June 30
FY 2022/23 Calculation Page 95
PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney, 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 11
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 17, 2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
c. Approve FY 2021/22 Budget Adjustments:
1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax) iii. Business License Tax Revenue Increase in the Amount of $175,000,
iv. Transient Occupancy Tax Increases in the Amount of $75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
2) Expenditure Increases to Reflect Past Actions:
i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust.
ii. In the Amount of $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act Budget Adjustments.
PAGE 2 OF 4
SUBJECT: Operating and Capital Budgets
DATE: June 2, 2022
RECOMMENDATION:
Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, additional Council Actions on May 17,2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022, American Rescue Plan Act (ARPA) Budget Adjustments, Minor Corrections, and Carry-Forward Appropriations
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54. c. Approve FY 2021/22 Budget Adjustments:
1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information i. Property Tax revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax)
iii. Business License Tax Revenue Increase in the Amount of $175,000, iv. Transient Occupancy Tax Increases in the Amount of 75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
2) Expenditure Increases to Reflect Past Actions:
i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust.
ii. In the Amount of $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act (ARPA) Budget Adjustments BACKGROUND:
On April 18, 2022, the Proposed FY 2022/23 Operating and Capital Budgets were posted to the Town’s website. Per Measure A, the Finance Commission received the Proposed Budgets 21 business days before May 17, 2022, which is the first meeting at which the Proposed Budgets will be considered by the Town Council. The Finance Commission held three public meetings at which Commissioners discussed the Proposed Budgets and provided recommendations to the Town Council per Measures A and G. On May 17, 2022, the Town Council conducted public hearings to discuss the proposed FY 2022/23 Operating and Capital Summary Budget and Proposed FY 2022/23 – 2026/27 Capital Improvement Program. The Town Council considered public testimony, discussed both documents, considered the Finance Commission recommendations, and directed staff to bring back the documents for final approval incorporating the Council recommendations.
PAGE 3 OF 4
SUBJECT: Operating and Capital Budgets
DATE: June 2, 2022
DISCUSSION:
The draft resolution (Attachment 1) incorporates the budget direction provided by the Council at the May 17, 2022 budget hearing and the expenditure adjustments associated with labor agreements and corresponding revenue adjustments. Since the adoption of the Proposed Operating Budget on May 17, 2022, the Town successfully completed negotiations with all bargaining units. In order to facilitate the terms of those agreements the Resolution provides additional funding in the amount of $902,579 from the OPEB 115 Trust to fund retiree pay go medical payments directly and allocating the remaining residual Measure G balance of $679,433 previously allocated to the General Fund.
In addition, Attachment 3 illustrates budget adjustments related to the necessary American Rescue Plan Act (ARPA) and General Fund revenue and expense adjustments and recaps the total ARPA grant award of $7,229,744 and the Council directed uses approved or proposed through June 7, 2022. Upon Treasury’s release of the simplified reporting process for entities awarded less than $10 million in ARPA funding and additional guidance received through staff review of federal compliance issues, staff recommends that the Town recognize the $3.4M of FY 2021/22 and the anticipated $3.6M FY 2022/23 cash collections of ARPA revenues as qualified revenue loss under the Treasury provisions for use in providing essential government services. To further aid in compliance with federal uniform guidance and Single Audit requirements, staff is intending to claim the lost revenue for use in providing essential government services and eligible public safety payroll costs for both FY 2021/22 and FY 2022/23.
This recommended action will allocate all ARPA “replacement” revenues to the General Fund which in turn will unencumber other General Fund operating revenues which were previously dedicated for public safety costs. The newly unencumbered General Fund revenues can then be allocated to the ARPA pandemic responses as identified, approved and allocated by Town Council in Attachment 3.
Attachment 2 contains the resolution to formally move General Fund balances based on the Town Council General Fund Reserve Policy and additional Council direction consistent with General Accounting Standards Board (GASB) 54.
CONCLUSION:
Staff recommends approval of FY 2021/22 budget adjustments, adoption of a Resolution approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), approve American Rescue Plan Act Budget Adjustments for FY 201/22 and 2022/23, and adoption of a Resolution approving commitment of Fund Balances under GASB 54.
PAGE 4 OF 4
SUBJECT: Operating and Capital Budgets
DATE: June 2, 2022
COORDINATION:
The preparation of the budget documents involved the participation of all Town Departments.
FISCAL IMPACT:
The fiscal impact is presented in summary form in the Financial Summaries chapter of the Proposed Operating and Capital Budget for FY 2022/23.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution of the Town Council Approving FY 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (with Exhibit A)
2. Resolution of the Town Council of the Town of Los Gatos Approving Commitments of Fund Balance under GASB 54
3. ARPA Worksheet
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Resolution 2022- June 7, 2022
DRAFT RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE FISCAL YEAR (FY) 2022/23 OPERATING BUDGET AND FY 2022/23 – 2026/27 CAPITAL BUDGET; NEW APPROPRIATIONS; OTHER ADJUSTMENTS; AMERICAN RESCUE PLAN ACT RECOGNITION; EMPLOYEE COMPENSATION ITEMS CONSIDERED ON JUNE 7, 2022; MINOR CORRECTIONS; AND CARRY-FORWARD
APPROPRIATIONS
WHEREAS, Section 2.30.295(b) of the Los Gatos Town Code requires the Town Manager to annually prepare and submit a budget to the Town Council and be responsible for its administration; and
WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Operating Budget for FY 2022/23 on April 18, 2022; and WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Five-Year Capital Improvement Program for FY 2022/23 – 2026/27 on April 18, 2022; and
WHEREAS, the Town Council conducted a noticed public hearing on the Proposed Operating Budget and Capital Improvement Program on May 17, 2022; and WHEREAS, per Measure A, the Town Council has considered and reviewed the Finance Commission written recommendations to the Town Council on the said proposed Budget and Capital Improvement Program during the public hearing on May 17, 2022; and WHEREAS, per Measures G and A, the Town Council has considered and reviewed the Finance Commission written recommendations to the Town Council regarding the potential allocation of Measure G proceeds during its public hearing on May 17, 2022; and WHEREAS, the Town Council previously allocated residual unallocated Measure G revenues for budget balancing and $679,443 will be used to balance the FY 2022/23 budget; and
ATTACHMENT 1
2 of 4
Resolution 2022- June 7, 2022
WHEREAS, the Town Council has determined the use of Measure G proceeds in the remainder of the forecast (FY 2022/23 - FY 2026/27) to be 50% for operating expenditures and 50% for capital purposes; and
WHEREAS, the estimated FY 2022/23 business license tax revenue increased by $100,000 based on current trends; and
WHEREAS, the Town Council has determined that to further balance the budget, the Town should reimburse $902,579 from available Other Post-Employment Benefits (OPEB) 115 Trust assets for retiree pay-as-you go expenses in FY 2022/23.
WHEREAS, the Town Council has determined the use of American Rescue Plan Act (ARPA) for FY 2021/22 and FY 2022/23 as illustrated in Exhibit B entitled “ARPA Worksheet” including the allocation of $2.9 Million in ARPA proceeds for capital purposes; and WHEREAS, the Town Council has determined that a portion of the proceeds of the ARPA up to the amount of $1,645,281 will be used for Revenue Replacement and balancing the FY 2022/23 budget; and
WHEREAS, on June 7, 2022, Town Council considered and reviewed the proposed Budget and Capital Improvement Program making final determinations.
NOW, THEREFORE, BE IT RESOLVED: that the Town Council hereby adopts as the Operating Budget for the Town of Los Gatos for the 2022/23 fiscal year as depicted in Exhibit A entitled “Total Town Revenues and Expenditures by Fund” including the first year (FY 2022/23) of the Town’s Capital Improvement Program budget as contained in the Town’s FY 2022/23 – 2026/27 Capital Improvement Program.
BE IT FURTHER RESOLVED, that the final adopted Budget documents include minor corrections and approved appropriations for unspent prior year allocations, and that they be carried forward from prior years in a Reserve for Encumbrances whereby within each fund there is an amount sufficient to cover approved outstanding encumbrances as of June 30, 2022.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7
th day of June, 2021 by the following vote:
COUNCIL MEMBERS:
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Resolution 2022- June 7, 2022
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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Resolution 2022- June 7, 2022
TOTAL TOWN REVENUES AND EXPENDITURES BY FUND
EXHIBIT A
2022/23 Estimated 2022/23
Proposed Budget Recommended
Budget Revision Budget
REVENUES
General Fund $48,378,548 $ 1,626,919 (1) $ 50,005,467
Special Revenue Funds 1,775,576 - 1,775,576
Internal Service Funds 4,125,957 - 4,125,957
Capital Project Funds (does not include carryforwards) 12,753,575 2,900,000 (2) 15,653,575 Successor Agency Funds 3,799,926 - 3,799,926
TOTAL REVENUES $70,833,582 $ 4,526,919 $ 75,360,501
OTHER FUNDING SOURCES
Designated One-Time Use of General Fund Reserves 2,350,000 $ 679,443 3,029,443 (3) TOTAL TOWN REVENUES & OTHER FUNDING SOURCES $73,183,582 $ 5,206,362 $ 78,389,944
TOTAL TOWN EXPENDITURES, TRANSFERS OUT & CARRYFORWARD APPROPRIATION General Fund $50,338,548 $ 2,306,362 (4) $ 52,644,910
Special Revenue Funds 1,705,178 12,246 (4) 1,717,424
Internal Service Funds 6,427,499 - 6,427,499
Capital Project Funds (does not include carryforwards) 13,081,287 2,900,000 (2) 15,981,287 Successor Agency Funds 3,799,752 125 (4) 3,799,877
TOTAL TOWN EXPENDITURE & OTHER FUNDING USES $75,352,264 $ 5,218,733 $ 80,570,997 GENERAL FUND SOURCE(USE) OF FUND BALANCES $ 390,000 $ 390,000 OTHER FUNDS SOURCE(USE) OF FUND BALANCES (2,558,682) (2,571,053) (5) TOTAL SOURCE(USE) OF FUND BALANCES $ (2,168,682) $ (12,371) $ (2,181,053) (1) Additional General Fund Revenues
$902,579 OPEB Trust Reimbursement for Retiree Medical
$624,340 Additional ARPA Proceeds for Revenue Replacement $100,000 Additional Business License Tax
(2) Additional Transfer to Capital Projects (GFAR)
$2,900,000 General Fund Reimbursement Revenues (ARPA)
(3) Designated One-Time Use of the General Fund Reserves during FY 2022/23 $2,350,000 - Transfer to Capital Projects (GFAR)
$679,443 - Measure G Residual for Operation
(4) General fund Expenditures
$2,318,733 - Increases to Negotioated Salary Increases
(5) Other Funds Source (Use) represents planned one-time uses of Internal Service Funds, Special Revenue Funds, Trust Funds, and Capital Project Funds primary for infrastructure and equipment investment.
Numbers may differ between exhibits due to rounding.
FY 2020/21 FY 2021/22 FY 2022/23 GRAND
BUDGET ADJ.
ACTUALS ACTUAL/ESTIMATED ESTIMATED TOTAL
ARPA FUNDS REVENUE RECOGNIZED $ 200,911 $ 3,413,961 $ 3,614,872 $ 7,229,744 GOV SERVICES (WAIVERS,CUP&ADA,DIRECT GRANTS) 200,911 200,911 REVENUE LOSS -GOV SERVICES (PUBLIC SAFETY) 3,413,961 3,614,872 7,028,833 $ 200,911 $ 3,413,961 $ 3,614,872 $ 7,229,744
GENERAL FUND ARPA REPLACEMENT REVENUES AVAILABLE 200,911 3,413,961 3,614,872 7,229,744 LESS APPROVED USES TO BE BUDGETED:
PARKLETS (DOWNTOWN IMPVTS PROJECT) 680,000 250,000 930,000 RENT WAIVERS 121,255 341,452 283,756 746,463
CUP/ADA FEE WAIVERS 19,656 27,672 27,672 75,000
DESTINATION MARKETING 55,000 55,000
K-RAILS (DOWNTOWN IMPVTS PROJECT) 68,000 68,000
PROMENADES 80,000 120,000 200,000
DIRECT GRANTS 60,000 50,000 110,000
ENHANCED SENIOR SERVICES 500,000 500,000
CAPITAL IMPROVEMENT PROGRAM SUPPORT TRANSFERS 2,900,000 2,900,000 REQUIRED FOR GF BALANCING OF OPERATING REV_EXP - 1,645,281 1,645,281 TOTAL ALLOCATIONS OF GENERAL FUND ARPA REPLACEMENT REVENUES $ 200,911 $ 1,802,124 $ 5,226,709 $ 7,229,744 GENERAL FUND ARPA REPLACEMENT REVENUE UNCOMMITTED $ - $ 1,611,837 $ (1,611,837) $ -
AMERICAN RESCUE PLAN ACT (ARPA) SUMMARY WORKSHEET
EXHIBIT B Page 104
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Resolution 2022- June 2, 2022
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING COMMITMENTS OF FUND BALANCE UNDER GASB 54
WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood and to improve the comparability of governmental fund financial statements; and WHEREAS, GASB 54 provides that the Town Council of the Town of Los Gatos classify governmental fund balances as restricted, assigned, or committed fund balances; and WHEREAS GASB 54 provides that restricted reserves are funds that are restricted for externally imposed constraints such as legal contracts or state law, assigned amounts are constrained by the Town’s intent to use them for specific purposes, and committed amounts are dedicated for specific purposes under constraints and formal action taken by the Town Council and these committed amounts cannot be used for any other purposes unless the Town Council of the Town of Los Gatos removes or changes the specific use through the same formal action to establish the commitment; and
WHEREAS, there exists a Restricted General Fund Pension Reserve in the form of an IRS 115 Pension Trust; and
WHEREAS, there exists a balance of $690,000 as of June 30, 2022 in the restricted Pension Reserve; and
WHEREAS, the Town Council of the Town of Los Gatos has established a General Fund Reserve Policy providing for minimum fund balance dollar target amounts for Budget Stabilization and Catastrophic Reserve fund balances and outlines policies and procedures for use and restoration of these balances; and
WHEREAS, there exists an assigned General Fund Compensated Absences Reserve allocated to fund 50% of all vested hours of sick leave, compensation, and vacation time with the actual reserve amount to be determined at the close of FY 2021/22; and ATTACHMENT 2
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Resolution 2022- June 2, 2022
WHEREAS, there exists an assigned Capital/Special Projects Reserve to fund key infrastructure and capital/special projects as identified in the Town’s five-year Capital Improvement Plan, and/or other Council priorities; and
WHEREAS, there exists an assigned authorized Carry Forward Reserve for materials and services on approved purchase order and contracts which were issued but not finalized or fulfilled as of the end of the fiscal year but for which funds will be carried forward to the following fiscal year. Actual reserve balance will be established at the close of FY 2021/22; and WHEREAS, in June 2016, the Town Council established the committed Pension/OPEB Reserve to provide funding toward pension and Other Post-Employment Benefits (OPEB) unfunded obligations by placing discretionary amounts to the reserve with formal Council action and transferring available year-end surpluses based on the General Fund Reserve Policy; and WHEREAS, on November 6, 2018, the Town Council provided direction to establish an unassigned Surplus Property Revenue General Fund Reserve that any monies received from the sale of the property located on Winchester Boulevard and any monies received from the sale of future surplus property be placed in this reserve, and the provisions for the reserve specifically indicate that Council may, at its discretion, distribute those funds as it deems appropriate; and WHEREAS, The Town Council established the assigned Sustainability Reserve in FY 2008/09 by closing the Solid Waste Management fund and placing the initial residual balance dedicated for conservation, recycling, and sustainability; and WHEREAS, there exists an excess balance of $140,553 as of June 30, 2022 in the assigned Sustainability Reserve; and
WHEREAS, there exists an assigned Market Fluctuation Reserve that represent fund balance amounts for unrealized investment gains that have been recorded as investment income in the financial statements in accordance with the requirements of GASB 31 in the amount of $438,333, actual reserve balance will be established at the close of FY 2021/22; and WHEREAS, there exists an assigned Measure G 2018 District Sales Tax Reserve to track receipt and use of the 1/8 cent district tax funds collected by the Town; and WHEREAS, the Town Council has determined the use of Measure G accumulated and future proceeds to be 50% for operating expenditures and 50% for capital purposes; and
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Resolution 2022- June 2, 2022
WHEREAS, the residual balance of $679,443 that was set aside for operating purposes in FY 2020/21 and/or FY 2021/22 should be used for operating expenses in FY 2022/23; and
WHEREAS, the $2,350,000 transfer from the Capital/Special Project Reserve to the General Fund Appropriated Reserve provides funding to the five-year capital plan; and WHEREAS, $2,900,000 of ARPA General Fund Reimbursement Revenue will transfer from the Capital/Special Project Reserve provides funding for capital project; and WHEREAS, the Town Council established the assigned Open Space reserve in the FY 1998/99 to be used for the preservation of open space, connection of open space trails, the definition of the southern boundary of the Town with passive open space, and protection of unique natural features; and
WHEREAS, there exists an excess balance of $410,000 as of June 30, 2022 in the assigned Open Space Reserve; and
WHEREAS, there exists a need for an assigned General Fund Reimbursement Revenue (ARPA) Reserve to collect the anticipated General Fund ARPA reimbursement proceeds less Council authorized use of these proceeds for pandemic response including economic recovery and business support, enhanced senior services, capital program augmentations, and other one-time uses, the estimated balance of which at June 30, 2022 balance is $1,611,837, with the actual reserve balance being determined at the close of the FY 2021/22 fiscal year; and WHEREAS, the General Fund Reimbursement Revenue (ARPA) Reserve is now established.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE that the following estimated Pension, Budget Stabilization, Catastrophic, Pension/OPEB, Capital/Special Projects, Compensated Absences; Measure G District Sales Tax, Surplus Property Revenue, Market Fluctuations, Sustainability, Open Space, and ARPA Reserves as of June 30, 2022 and as of June 30, 2023 as restricted, assigned, unassigned or formally committed as follows:
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Resolution 2022- June 2, 2022
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of June 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: __________________
Actual
General Fund
Reserves
June 30, 2021
FY 2021/22
Budget, GF
Reserve Policy,
and this
Resolution
Approved
Increase
FY 2021/22
Budget, GF
Reserve
Policy, and
this
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2022
FY 2022/23
Budget
Resolution
Approved
Increase
FY 2022/23
Budget
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2023
Restricted Fund Balances
Pension $ - $ 690,000 $ - $ 690,000 $ 390,000 $ - $ 1,080,000 Committed Fund Balances -
Budget Stabilization 5,460,485 $ 531,081 - 5,991,566 - - 5,991,566 Catastrophic 5,460,485 531,081 - 5,991,566 - - 5,991,566 Pension/OPEB 300,000 - (300,000) - - -
Assigned Fund Balances - -
Capital/Special Projects 6,965,356 329,258 (1,612,162) 5,682,452 - (2,350,000) 3,332,452 Compensated Absences 1,649,917 - - 1,649,917 - 1,649,917 Open Space 410,000 - - 410,000 - - 410,000
Sustainability 140,553 - - 140,553 - - 140,553
Market Fluctuations 438,333 - - 438,333 - - 438,333
Measure G District Sale Tax 1,730,490 - (1,051,047) 679,443 - (679,443) - Carryover Encumbrances - - - - - - -
Surplus Property Revenue Reserve 1,200,000 - (1,200,000) - - - - GF Reimbursement Revenue (ARPA) - 1,611,837 - 1,611,837 - - 1,611,837 Rehab Loan Reserve (Nonspendable) 159,000 - - 159,000 - - 159,000
FY 2020/21 FY 2021/22 FY 2022/23 GRAND
BUDGET ADJ.
ACTUALS ACTUAL/ESTIMATED ESTIMATED TOTAL
ARPA FUNDS REVENUE RECOGNIZED $ 200,911 $ 3,413,961 $ 3,614,872 $ 7,229,744 GOV SERVICES (WAIVERS,CUP&ADA,DIRECT GRANTS) 200,911 200,911 REVENUE LOSS -GOV SERVICES (PUBLIC SAFETY) 3,413,961 3,614,872 7,028,833 $ 200,911 $ 3,413,961 $ 3,614,872 $ 7,229,744
GENERAL FUND ARPA REPLACEMENT REVENUES AVAILABLE 200,911 3,413,961 3,614,872 7,229,744 LESS APPROVED USES TO BE BUDGETED:
PARKLETS (DOWNTOWN IMPVTS PROJECT) 680,000 250,000 930,000 RENT WAIVERS 121,255 341,452 283,756 746,463
CUP/ADA FEE WAIVERS 19,656 27,672 27,672 75,000
DESTINATION MARKETING 55,000 55,000
K-RAILS (DOWNTOWN IMPVTS PROJECT) 68,000 68,000
PROMENADES 80,000 120,000 200,000
DIRECT GRANTS 60,000 50,000 110,000
ENHANCED SENIOR SERVICES 500,000 500,000
CAPITAL IMPROVEMENT PROGRAM SUPPORT TRANSFERS 2,900,000 2,900,000 REQUIRED FOR GF BALANCING OF OPERATING REV_EXP - 1,645,281 1,645,281 TOTAL ALLOCATIONS OF GENERAL FUND ARPA REPLACEMENT REVENUES $ 200,911 $ 1,802,124 $ 5,226,709 $ 7,229,744 GENERAL FUND ARPA REPLACEMENT REVENUE UNCOMMITTED $ - $ 1,611,837 $ (1,611,837) $ -
AMERICAN RESCUE PLAN ACT (ARPA) SUMMARY WORKSHEET
ATTACHMENT 3
PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney, 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 11
ADDENDUM
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 17, 2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
c. Approve FY 2021/22 Budget Adjustments:
1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax) iii. Business License Tax Revenue Increase in the Amount of $175,000,
iv. Transient Occupancy Tax Increases in the Amount of $75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
2) Expenditure Increases to Reflect Past Actions:
i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust.
ii. In the Amount of $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act Budget Adjustments.
PAGE 2 OF 2
SUBJECT: Operating and Capital Budgets
DATE: June 2, 2022
REMARKS:
Attachment 4 contains public comment received between 11:00 a.m., Thursday, June 2, and 11:01 a.m., Monday, June 6, 2022.
Attachments Previously Received with the Staff Report:
1. Resolution of the Town Council Approving FY 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (with Exhibit A)
2. Resolution of the Town Council of the Town of Los Gatos Approving Commitments of Fund Balance under GASB 54
3. ARPA Worksheet
Attachment Received with this Addendum:
4. Public comment received between 11:00 a.m., Thursday, June 2, and 11:01 a.m., Monday, June 6, 2022
ATTACHMENT 4
From: Phil Koen
Sent: Monday, June 06, 2022 7:59 AM
To: Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>; Mary Badame <[email protected]>; Maria Ristow <[email protected]>; Marico Sayoc <[email protected]>
Cc: Laurel Prevetti <[email protected]>; Arn Andrews <[email protected]>; jvannada; Rick Van Hoesen; David Weissman; Lee Fagot
Subject: Agenda Item #11
Dear Honorable Mayor and Member of Council
The Los Gatos Community Alliance is requesting that Agenda Item #11 be pulled from the consent calendar to allow for more discussion and increase public transparency.
Discussion Point 1
Schedules C-8 through C-13 (attached) present a detail view of all revenues and expenditures in the Town’s FY 23 budget. These schedules present both a time trend view of revenues and expenditures as well as identifying for each year the net increase or decrease in fund balance. The Council Resolution adopting the operating budget references that the Town Manager submitted to the Finance Committee a “proposed” operating budget. The total budget now being proposed is materially different than the one considered by the Finance Committee. For example, the newly proposed FY 23 budget for total consolidated salary and benefit costs have increased to $35,700,583 which represents a 23% increase from FY 22 estimated levels (eg $29,019,556). We believe a 23% increase in salary and benefit expense over prior year’s estimate is important for the Council and residents of the Town be aware of, since this have never been previously disclosed.
Additionally, the new proposed budget includes the use of an additional $625K in ARPA funds as well as approximately a $1m draw down of OPEB Trust assets to partially fund FY 23 retiree medical costs. This was never disclosed prior to the Staff Memo of this Friday.
Request
1. Please update schedules C-8 through C-13 so the Town Council and the public have complete transparency regarding the detail revenues and expenditure proposed for FY 23 for the General Fund, Special Revenue Funds, Internal Service Funds, Capital Project Funds, Successor Agency RDA Fund and Total All Funds. Additionally, these schedules will also make transparent the net increase or decrease in the funds balance projected for FY 23. Based on our analysis the total decrease in the general fund balance will be approximately $5,210,496 which is 15% higher than was reported to the Finance Commission.
2. The schedule of “Total Town Revenues and Expenditures by Fund” attached to the budget resolution is not sufficiently transparent to allow member of the public to understand the detail revenues and expenditures and ending fund balances now being proposed. The Town had to prepared schedules C-8 through C-13 to create the summary schedule attached to the budget resolution, so very little work should be required to update these schedules. These schedules should be disclosed prior to the Council taken any action on the FY 23 budget.
ATTACHMENT 4
Discussion Point 2
Agenda Item 11 also includes a resolution to approve commitments of fund Balance under GASB 54.
Among other actions, the proposed resolution establishes an “assigned” General Fund Reserve totaling $1,611,837 for the “General Fund Reimbursement Revenue (ARPA) Reserve.
Request
1. Under GASB 54 we believe the ARPA Reserve should be a “restricted reserve” because it meets the definition of a restricted reserve and the use of ARPA funds are restricted in accordance with Federal Law. The designation of restricted vs. committed vs assigned fund balances are extremely important and need to be correctly applied. We respectively request that the ARPA fund reserve comply by GASB 54 and be designated as a “restricted” reserve.
Thank you
Phil Koen
LGCA
C - 8
TOTAL TOWN
REVENUES AND EXPENDITURES
GENERAL FUND
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ 13,636,099 $ 14,454,513 $ 15,826,162 $ 15,684,964 $ 16,551,544 VLF Backfill 3,685,247 3,875,914 4,052,672 4,229,462 4,356,350 Sales & Use Tax 7,930,021 6,535,034 6,794,218 7,497,873 7,934,189 Measure G - District Sales Tax 228,131 996,391 1,139,386 1,173,733 1,240,755 Franchise Fees 2,475,916 2,495,792 2,499,463 2,435,800 2,493,870 Transient Occupancy Tax 2,692,043 1,869,685 1,044,820 1,400,000 1,642,460 Other Taxes 1,526,894 1,357,080 1,386,943 1,250,000 1,287,500 Licenses & Permits 3,059,894 2,696,457 2,999,711 3,065,997 2,757,029 Intergovernmental 945,191 1,104,075 1,573,697 1,130,125 1,051,814 Town Services 4,648,904 4,447,213 4,835,962 4,259,099 4,235,261 Internal Srvc Reimbursement - - - - -
Fines & Forfeitures 510,266 271,117 103,467 218,120 201,750 Interest 1,682,347 2,266,134 96,061 441,233 432,947
Other Sources 6,093,211 1,381,187 2,217,072 1,140,853 1,760,830 Debt Service Reimbursement 1,909,073 1,905,024 1,908,494 1,899,850 1,893,713 Transfers In 1,578,911 599,669 1,833,218 633,352 538,536 TOTAL REVENUES $ 52,602,148 $ 46,255,285 $ 48,311,346 $ 46,460,461 $ 48,378,548
EXPENDITURES
Salaries & Benefits $ 26,803,225 $ 28,933,568 $ 30,297,504 $ 28,866,098 $ 33,227,942 Operating Expenditures 11,955,327 13,397,031 14,276,602 9,849,151 9,318,742 Grants & Awards 248,533 274,249 298,303 800,000 241,000 Fixed Assets 38,307 138,384 2,365 - -
Interest - - 52,011 - -
Internal Service Charges 2,527,470 2,188,211 2,314,305 2,619,672 2,650,173 Capital Projects - - - - -
Capital Acquisitions - - - - -
Debt Service 1,909,073 1,905,024 1,908,494 1,899,850 1,893,713 Transfers Out 2,785,220 8,053,847 4,582,641 3,423,211 3,006,978 TOTAL EXPENDITURES $ 46,267,155 $ 54,890,314 $ 53,732,225 $ 47,457,982 $ 50,338,548 Net Increase (Decrease) 6,334,993 (8,635,029) (5,420,879) (997,521) (1,960,000) Beginning Fund Balance 31,635,533 37,970,526 29,335,497 23,914,618 22,917,097 Ending Fund Balance* $ 37,970,526 $ 29,335,497 $ 23,914,618 $ 22,917,097 $ 20,957,097 * Year End Fund Balance represents General Fund 111 (Long Term Compensated Absences were accounted in Fund 961 prior to FY 2018/19, Pension Trust Fund 731 was incorported in FY 2018/19).
C - 9
TOTAL TOWN
REVENUES AND EXPENDITURES
SPECIAL REVENUE FUNDS
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ - $ 29 $ 28 $ - $ -
VLF Backfill - - - - -
Sales & Use Tax - - - - -
Measure G - District Sales Tax
Franchise Fees - - - - -
Transient Occupancy Tax - - - - -
Other Taxes 38,088 38,012 38,566 33,720 33,720
Licenses & Permits 236,451 231,323 231,323 231,323 359,950 Intergovernmental - - 200,911 1,220,000 1,304,696
Town Services 345,280 - - - -
Internal Srvc Reimbursement - - - - -
Fines & Forfeitures - - - - -
Interest 13,685 13,180 9,174 5,310 7,210
Other Sources 216,834 61,809 106,547 70,500 70,000
Debt Service Reimbursement - - - - -
Transfers In - 10,000 - - -
TOTAL REVENUES $ 850,338 $ 354,353 $ 586,549 $ 1,560,853 $ 1,775,576
EXPENDITURES
Salaries & Benefits $ 143,545 $ 134,311 $ 135,625 $ 151,804 $ 152,207 Operating Expenditures 578,580 137,628 301,302 1,356,997 1,461,088 Grants & Awards - - - - -
Fixed Assets 21,048 25,079 - - 83,255
Interest - - - - -
Internal Service Charges 2,410 3,019 3,229 3,494 3,709
Capital Projects - - - - -
Capital Acquisitions - - - - -
Debt Service - - - - -
Transfers Out 4,920 4,920 4,920 4,920 4,920
TOTAL EXPENDITURES $ 750,503 $ 304,957 $ 445,076 $ 1,517,215 $ 1,705,179 Net Increase (Decrease) 99,835 49,396 141,473 43,638 70,397 Beginning Fund Balance 972,423 1,072,258 1,121,654 1,263,127 1,306,765 Ending Fund Balance $ 1,072,258 $ 1,121,654 $ 1,263,127 $ 1,306,765 $ 1,377,162
C - 10
TOTAL TOWN
REVENUES AND EXPENDITURES
INTERNAL SERVICE FUNDS
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ - $ - $ - $ - $ -
VLF Backfill - - - - -
Sales & Use Tax - - - - -
Franchise Fees - - - - -
Transient Occupancy Tax - - - - -
Other Taxes 28,390 34,437 67,146 40,000 40,000
Licenses & Permits - - - - -
Intergovernmental - - - 261,382 283,755
Town Services 148,284 115,314 147,121 115,000 85,000
Internal Srvc Reimbursement 3,529,840 3,094,669 3,235,094 3,480,926 3,687,202 Fines & Forfeitures - - - - -
Interest 8 7 5 - -
Other Sources 2,993,443 762,404 654,601 166,965 30,000
CIP Proj Reimbursement - - - - -
Transfers In 450,000 1,061,256 33,000 1,787 -
TOTAL REVENUES $ 7,149,965 $ 5,068,087 $ 4,136,967 $ 4,066,060 $ 4,125,957
EXPENDITURES
Salaries & Benefits $ - $ - $ - $ - $ -
Operating Expenditures 3,544,783 3,779,285 3,803,452 4,841,564 4,915,264 Grants & Awards - - - - -
Fixed Assets 601,961 644,366 307,272 729,416 812,235
Interest - - - - -
Internal Service Charges - - - - -
Capital Projects - - - - -
Capital Acquisitions - - - - -
Debt Service - - - - -
Transfers Out 1,390,375 1,367,797 146,520 94,816 700,000 TOTAL EXPENDITURES $ 5,537,119 $ 5,791,448 $ 4,257,244 $ 5,665,796 $ 6,427,499 Net Increase (Decrease) 1,612,846 (723,361) (120,277) (1,599,736) (2,301,542) Beginning Fund Balance 6,841,594 8,454,440 7,731,079 7,610,802 6,011,066 Ending Fund Balance $ 8,454,440 $ 7,731,079 $ 7,610,802 $ 6,011,066 $ 3,709,524
C - 11
TOTAL TOWN
REVENUES AND EXPENDITURES
CAPITAL PROJECT FUNDS
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ - $ - $ - $ - $ -
VLF Backfill - - - - -
Sales & Use Tax - - - - -
Franchise Fees - - - - -
Transient Occupancy Tax - - - - -
Other Taxes 28,390 34,437 67,146 34,562 30,000
Licenses & Permits 844,064 1,153,364 1,340,530 764,465 1,074,300 Intergovernmental 1,641,511 3,161,010 1,818,494 3,153,295 7,789,892 Town Services 52,094 223,318 34,417 306,210 -
Internal Srvc Reimbursement - - - - -
Fines & Forfeitures - - - - -
Interest 127,251 158,756 122,705 35,801 36,405
Other Sources 784,085 325,607 2,239,342 1,198,207 116,000 CIP Proj Reimbursement - - - - -
SCC RPTTF Reimbursement - - - - -
Transfers In 2,685,220 8,325,591 3,401,479 3,421,424 3,706,978 TOTAL REVENUES $ 6,162,615 $ 13,382,083 $ 9,024,113 $ 8,913,964 $ 12,753,575
EXPENDITURES
Salaries & Benefits $ - $ - $ 31,085 $ - $ -
Operating Expenditures - - 496 - -
Grants & Awards - - - - -
Fixed Assets - - - - -
Interest - - - - -
Internal Service Charges - - - - -
Capital Projects 8,987,510 7,907,339 5,833,758 11,847,615 12,547,670 Capital Acquisitions - - - - -
Debt Service - - - - -
Transfers Out 533,616 569,952 533,616 533,616 533,616
TOTAL EXPENDITURES $ 9,521,126 $ 8,477,291 $ 6,398,955 $ 12,381,231 $ 13,081,286 Net Increase (Decrease) (3,358,511) 4,904,792 2,625,158 (3,467,267) (327,711) Beginning Fund Balance 18,488,574 15,130,063 20,034,855 22,660,013 19,192,746 Ending Fund Balance $ 15,130,063 $ 20,034,855 $ 22,660,013 $ 19,192,746 $ 18,865,035
C - 12
TOTAL TOWN
REVENUES AND EXPENDITURES
SUCCESSOR AGENCY TO THE TOWN OF LOS GATOS RDA
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ - $ - $ - $ - $ -
VLF Backfill - - - - -
Sales & Use Tax - - - - -
Franchise Fees - - - - -
Transient Occupancy Tax - - - - -
Other Taxes - - - - -
Licenses & Permits - - - - -
Intergovernmental 1,945,763 1,949,284 1,946,787 2,006,602 1,902,713 Town Services - - - - -
Internal Srvc Reimbursement - - - - -
Fines & Forfeitures - - - - -
Interest 43,706 32,531 4,967 3,500 3,500
Other Sources 11,664 11,664 11,664 - -
CIP Proj Reimbursement 1,909,073 1,905,024 1,908,494 1,999,850 1,893,713 SCC RPTTF Reimbursement - - - - -
Transfers In - - - - -
TOTAL REVENUES $ 3,910,206 $ 3,898,503 $ 3,871,912 $ 4,009,952 $ 3,799,926
EXPENDITURES
Salaries & Benefits $ 1,555 $ 1,654 $ 1,674 $ 1,654 $ 1,701 Operating Expenditures 111,712 110,337 106,788 9,820 10,020 Grants & Awards - - - - -
Fixed Assets - - - - -
Interest 823,734 888,703 964,610 1,300,000 1,355,000
Internal Service Charges 9 5 5 5 5
Capital Projects - - - - -
Capital Acquisitions - - - - -
Debt Service 2,936,788 2,862,783 2,792,688 2,499,700 2,433,026 Transfers Out - - - - -
TOTAL EXPENDITURES $ 3,873,798 $ 3,863,482 $ 3,865,765 $ 3,811,179 $ 3,799,752 Net Increase (Decrease) 36,408 35,021 6,147 198,773 174 Beginning Fund Balance 3,803,779 3,840,187 3,875,208 3,881,355 4,080,128 Ending Fund Balance $ 3,840,187 $ 3,875,208 $ 3,881,355 $ 4,080,128 $ 4,080,302
C - 13
TOTAL TOWN
REVENUES AND EXPENDITURES
TOTAL ALL FUNDS
2018/19 2019/20 2020/21 2021/22 2022/23
Actuals Actuals Actuals Estimated Proposed
REVENUES
Property Tax $ 13,636,099 $ 14,454,542 $ 15,826,190 $ 15,684,964 $ 16,551,544 VLF Backfill 3,685,247 3,875,914 4,052,672 4,229,462 4,356,350 Sales & Use Tax 7,930,021 6,535,034 6,794,218 7,497,873 7,934,189 Measure G - District Sales Tax 228,131 996,391 1,139,386 1,173,733 1,240,755 Franchise Fees 2,475,916 2,495,792 2,499,463 2,435,800 2,493,870 Transient Occupancy Tax 2,692,043 1,869,685 1,044,820 1,400,000 1,642,460 Other Taxes 1,621,762 1,463,966 1,559,801 1,358,282 1,391,220 Licenses & Permits 4,140,409 4,081,144 4,571,564 4,061,785 4,191,279 Intergovernmental 4,532,465 6,214,369 5,539,889 7,771,404 12,332,870 Town Services 5,194,562 4,785,845 5,017,500 4,680,309 4,320,261 Internal Srvc Reimbursement 3,529,840 3,094,669 3,235,094 3,480,926 3,687,202 Fines & Forfeitures 510,266 271,117 103,467 218,120 201,750 Interest 1,866,997 2,470,608 232,912 485,844 480,062
Other Sources 10,099,237 2,542,671 5,229,226 2,576,525 1,976,830 CIP Proj Reimbursement 3,818,146 3,810,048 3,816,988 3,899,700 3,787,426 SCC RPTTF Reimbursement - - - - -
Transfers In 4,714,131 9,996,516 5,267,697 4,056,563 4,245,514 TOTAL REVENUES $ 70,675,272 $ 68,958,311 $ 65,930,887 $ 65,011,290 $ 70,833,582
EXPENDITURES
Salaries & Benefits $ 26,948,325 $ 29,069,533 $ 30,465,888 $ 29,019,556 $ 33,381,850 Operating Expenditures 16,190,402 17,424,281 18,488,640 16,057,532 15,705,114 Grants & Awards 248,533 274,249 298,303 800,000 241,000 Fixed Assets 661,316 807,829 309,637 729,416 895,490
Interest 823,734 888,703 1,016,621 1,300,000 1,355,000
Internal Service Charges 2,529,889 2,191,235 2,317,539 2,623,171 2,653,887 Capital Projects 8,987,510 7,907,339 5,833,758 11,847,615 12,547,670 Capital Acquisitions - - - - -
Debt Service 4,845,861 4,767,807 4,701,182 4,399,550 4,326,739 Transfers Out 4,714,131 9,996,516 5,267,697 4,056,563 4,245,514 TOTAL EXPENDITURES $ 65,949,701 $ 73,327,492 $ 68,699,265 $ 70,833,403 $ 75,352,264 Net Increase (Decrease) 4,725,571 (4,369,181) (2,768,378) (5,822,113) (4,518,682) Beginning Fund Balance 61,741,905 66,467,476 62,098,295 59,329,917 53,507,804 Ending Fund Balance $ 66,467,476 $ 62,098,295 $ 59,329,917 $ 53,507,804 $ 48,989,122 Note: Expenditures and Transfers Out may exceed Revenues due to the inclusion of planned and carry-forward capital projects and payments from General Fund reserves to the Town Pension and OPEB Trusts.
PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney, 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 11
DESK ITEM
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 17, 2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
c. Approve FY 2021/22 Budget Adjustments:
1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax) iii. Business License Tax Revenue Increase in the Amount of $175,000,
iv. Transient Occupancy Tax Increases in the Amount of $75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
2) Expenditure Increases to Reflect Past Actions:
i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust.
ii. In the Amount of $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act Budget Adjustments.
PAGE 2 OF 2
SUBJECT: Operating and Capital Budgets
DATE: June 2, 2022
REMARKS
Attachment 5 contains public comment received between 11:00 a.m., Monday, June 6, and 11:01 a.m., Tuesday June 7, 2022.
In regard to Attachment 5, Council can either act tonight on this item, or refer the item back to the Finance Commission with a date certain of June 21, 2022 for final consideration by Council.
As referenced in the staff report, the draft resolution (Attachment 1) incorporates the budget direction provided by the Council at the May 17, 2022 budget hearing predicated in part on recommendations from the Finance Commission. With the completion of negotiations with all bargaining units, staff incorporated expenditure adjustments associated with labor agreements, and per our obligation to present a balanced budget to Council, included recommended corresponding revenue adjustments.
Attachments Previously Received with the Staff Report:
1. Resolution of the Town Council Approving FY 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (with Exhibit A)
2. Resolution of the Town Council of the Town of Los Gatos Approving Commitments of Fund Balance under GASB 54
3. ARPA Worksheet
Attachment Previously Received with the Addendum:
4. Public comment received between 11:00 a.m., Thursday, June 2, and 11:01 a.m., Monday, June 6, 2022
Attachment Received with this Desk Item:
5. Public comment received between 11:00 a.m., Monday, June 6, and 11:01 a.m., Tuesday, June 7, 2022.
From: Ronald Dickel
To: Rob Rennie
Cc: Kyle Park; Matthew Hudes; Arn Andrews; Laurel Prevetti; Jenna De Long Subject: Town Council Agenda for 6/7--consent Item 11
Date: Monday, June 6, 2022 4:32:17 PM
EXTERNAL SENDER
Mr. Mayor
Kyle Park and I spoke with Assistant Town Manager Arn Andrews about the Town Council Consent item 11 for the 2022 budget to be addressed in tomorrow's meeting. The item contains budget items that have not been discussed at any Finance Commission meeting, including the results of the labor negotiations and the changed use of OPEB and ARPA reserves. These matters are material to the budget and should be discussed at the Finance Commission level before consideration by the Town Council. These matters will be the topic of our upcoming Finance Commission meeting next Tuesday. Mr. Andrews said that it would be possible to defer Town Council's consideration of this consent item until the following Council Meeting on June 21st in order to meet any July 1st budget deadline. Please let us help the Council on all budgetary issues before decisions are made. Therefore, please defer Item 11 until your June 21st meeting.
Thank you for your time and consideration.
Ron
ATTACHMENT 5
PREPARED BY: Mike Weisz
Senior Civil 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: 06/07/2022
ITEM NO: 12
DATE: May 17, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Parcel Map for 16940 Roberts Road and Accepting Dedications
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving the Parcel Map for 16940 Roberts Road and accepting dedications.
BACKGROUND:
On December 11, 2019, the Planning Commission approved the Architecture and Site Application S-19-008 for a new three-unit detached condominium development at 16940 Roberts Road and the Subdivision Application M-19-002 for the corresponding tentative map with conditions.
The developer, the Chang 2003 Family Trust, has filed the Parcel Map (Attachment 2) to formalize the existing parcel per the approved tentative map and dedicate public street rightof-way on both Roberts Road and Fisher Avenue to the Town.
DISCUSSION:
The parcel map formalizes the existing parcel for the construction of three new residential condominium units. The developer has provided all necessary maps and drawings. The developer has paid the appropriate fees to fully comply with the previously imposed development conditions and Town ordinances. The developer is dedicating a portion of the property on both the Roberts Road and Fisher Avenue frontages as a street dedication (in-fee).
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Approving the Parcel Map for 16940 Roberts Road and Accepting Dedications
DATE: May 17, 2022
CONCLUSION:
Staff recommends that Council adopt a resolution approving the Parcel Map and accepting dedications for the development of 16940 Roberts Road.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
FISCAL IMPACT:
The Town will incur undetermined ongoing maintenance costs for the public right-of-way improvements following acceptance of the project.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act - Section 15315: Minor Land Divisions and Section 15303: New Construction or Conversion of Small Structures.
Attachments:
1. Resolution
2. Parcel Map for 16940 Roberts Road
ATTACHMENT 1
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE PARCEL MAP FOR 16940 ROBERTS ROAD
AND ACCEPTING DEDICATIONS
WHEREAS, on December 11, 2019, the Planning Commission of the Town of Los Gatos approved the Architecture and Site Application S-19-008 and Subdivision Application M-19-002 with conditions for the property at 16940 Roberts Road; and WHEREAS, the developer, the Chang 2003 Family Trust, is required to dedicate portions of the land for street right-of-way in-fee within the property as indicated on the Parcel Map prepared; and
WHEREAS, the developer has complied with the conditions of Architecture and Site Application S-19-008 and Subdivision Application M-19-002; and WHEREAS, the Parcel Map has been reviewed by staff and found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town of Los Gatos Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the certain Parcel Map of 16940 Roberts Road, dated April 2022 and prepared by Westfall Engineers, Inc., is hereby approved; and
BE IT FURTHER RESOLVED that all dedications of land for public use identified on the Parcel Map are hereby accepted, in substantial conformance to the Conditions of Approval as set forth above and subject to the final approval by the Town Attorney.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7 th of June 2022,
by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 2
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: 06/07/2022
ITEM NO: 13
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Parcel Map for 105 Newell Avenue and Accepting the Public Service Easement Dedication
RECOMMENDATION:
Adopt a resolution (Attachment 1) approving the Parcel Map for 105 Newell Avenue and accepting the public service easement dedication.
BACKGROUND:
On November 7, 2017, the Town Council approved the Planned Development Application PD14-002 through Ordinance 2266 (with the second reading on November 21, 2017) to rezone the property at 105 Newell Avenue, previously occupied by Los Gatos Elks Lodge, from R-1:12 to R1:12:PD to allow for the demolition of an existing building, subdivision of one lot into four, and construction of four single-family residences on the subdivision. As part of the approval, Council also adopted the Mitigated Negative Declaration (ND-16-002) and the Mitigation Monitoring and Reporting Program for the project.
DISCUSSION:
On November 6, 2018, the Development Review Committee approved the Subdivision Application M-18-002 for the 1.38-acre lot at 105 Newell Avenue to be subdivided into four residential lots per the corresponding tentative map and conditions. Separate Architecture and Site Applications for each lot of the development (S-18-004, -005, -006, and -007) were approved with the same motion at the November 6, 2018 meeting.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Approving the Parcel Map for 105 Newell Avenue and Accepting the Public Service Easement Dedication
DATE: June 2, 2022
DISCUSSION (continued):
The property owner, MDMH Partners, LLC, has since filed the Parcel Map (Attachment 2) to subdivide the aforementioned existing parcel and dedicate to the Town a public service easement within the proposed private road for utilities. The easement dedication is identified on the Parcel Map. The Parcel Map has been reviewed by staff and found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town of Los Gatos Municipal Code. The Parcel Map formalizes the existing parcel for four new single-family residential units.
CONCLUSION:
Staff recommends that Council adopt a resolution approving the Parcel Map and accept the public service easement dedication for the development of 105 Newell Avenue.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
FISCAL IMPACT:
Acceptance of the project will not result in a fiscal impact to the Town.
ENVIRONMENTAL ASSESSMENT:
Mitigated Negative Declaration for the project has been adopted by the Town Council on November 7, 2017.
Attachments:
1. Resolution
2. Parcel Map – 105 Newell Avenue
Attachment 1
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE PARCEL MAP FOR 105 NEWELL AVENUE
AND ACCEPTING THE PUBLIC SERVICE EASEMENT DEDICATION
WHEREAS, the Town Council approved the Planned Development Application PD-14-002 through Ordinance 2266 to rezone the property at 105 Newell Avenue from R-1:12 to R-1:12:PD to allow for the demolition of an existing building, subdivision of one lot into four, and construction of four single-family residences on the subdivision; and WHEREAS, on November 6, 2018, the Development Review Committee approved the Subdivision Application M-18-002 for a 1.38-acre lot at 105 Newell Avenue to be subdivided into four residential lots per the corresponding tentative map and conditions; and WHEREAS, the property owner, MDMH Partners, LLC, is required to dedicate a portion of the land for a public service easement within the property as indicated on the Parcel Map prepared; and
WHEREAS, the property owners have complied with the conditions of Subdivision Application M-18-002; and
WHEREAS, the Parcel Map has been reviewed by staff and found to be in compliance with the Subdivision Map Act and Chapter 24 of the Town of Los Gatos Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the certain Parcel Map of 105 Newell Avenue, dated April 2022 and prepared by Carroll Engineering, is hereby approved; and
BE IT FURTHER RESOLVED that the dedication of public service easement identified on the Parcel Map is hereby accepted, in substantial conformance to the Conditions of Approval as set forth above and subject to the final approval by the Town Attorney.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7 th day of June
2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Attachment 2
Feet
1"=30' 0 30 60
15
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: 6/7/2022
ITEM NO: 14
DATE: May 23, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Consultant Services Agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to Increase the Contract Amount by $100,000, for a Total Contract Amount Not to Exceed $280,000, and Extend the Contract Term
RECOMMENDATION:
Authorize the Town Manager to execute a first amendment to the consultant services agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to increase the contract amount by $100,000, for a total contract amount not to exceed $280,000, and extend the contract term.
BACKGROUND:
In December 2020, the Parks and Public Works Department issued a Request for Qualifications (RFQ) to hire an on-call materials testing and special inspection services firm for the Town’s capital improvement projects. Through the RFQ process, Ninyo and Moore was selected for the services, and a consultant services agreement was executed in April 2021 with a contract amount not to exceed $180,000 as authorized by the Town Council. The services performed under the agreement are funded through individual capital projects and their approved budgets on an as-needed basis. The agreement with Ninyo and Moore is set to expire on June 30, 2022, with an option for the Town to extend the contract one additional year.
DISCUSSION:
Between April 2021 and May 2022, approximately $113,000 of the contract amount has been earmarked for materials testing and special inspection services for various Town capital
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Consultant Services Agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to Increase the Contract Amount by $100,000, for a Total Contract Amount Not to Exceed $280,000, and Extend the Contract Term.
DATE: May 23, 2022
DISCUSSION (continued):
projects. If approved by the Town Council, the first amendment (Attachment 1) to the consultant services agreement with Ninyo and Moore would extend the contract term to December 31, 2023 and increase the contract amount capacity by $100,000 for a total contract amount not to exceed $280,000.
The extension of the contract period would allow Ninyo and Moore to continue providing oncall testing services for current projects in construction through summer 2022. Furthermore, the term extension and the additional contract capacity would be utilized for the following future Town capital projects anticipated for construction in 2022 and 2023:
- Fiscal Year (FY) 2022/23 Annual Street Repair and Resurfacing - FY 2022/23 Annual Curb, Gutter, and Sidewalk Maintenance - Building Replacement at Corporation Yard
- Shannon Road Pedestrian and Bikeway Improvements
- Annual Storm Drain Improvements
- Retaining Wall and Guardrail Repairs
- Oak Meadow Bandstand Area Improvements
- Shannon Road Repair (pending construction funding)
In addition, there may be other Town projects that would require materials testing and special inspection services. Projects with federal grants may require a separate procurement process for testing and inspection services.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute the first amendment to the consultant services agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to increase the contract amount by $100,000, for a total contract amount not to exceed $280,000, and extend the contract term to December 31, 2023.
COORDINATION:
This report has been coordinated with the Town Attorney and the Finance Department.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Consultant Services Agreement with Ninyo and Moore for the On-Call Materials Testing and Special Inspection Services to Increase the Contract Amount by $100,000, for a Total Contract Amount Not to Exceed $280,000, and Extend the Contract Term.
DATE: May 23, 2022
FISCAL IMPACT:
The contract would be funded by budgeted Town projects requiring materials testing and special inspection services, where the projects are sufficiently funded for those services. There is no additional fiscal impact to the Town.
ENVIRONMENTAL ASSESSMENT:
Environmental review is not required for this agenda item as the requested action is not a project defined by the California Environmental Quality Act. CEQA analysis will be provided for individual capital improvement projects.
Attachments:
1. First Amendment with Original Agreement
First Amendment to Agreement for Consultant Services with Ninyo & Moore On-Call Materials Testing and Special Inspection Services
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FIRST AMENDMENT is dated for identification this seventh day of June 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES for On-Call Materials Testing and Special Inspection Services, dated April 6, 2021, made by and between the Town of Los Gatos, ("Town,") and the NINYO & MOORE (“Consultant.”).
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on April 20, 2021, (“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 to extend the agreement term to December 31, 2023.
C. Town desires to increase the contract amount by $100,000 for a total contract amount of $280,000.
D. Consultant desires to update the Schedule of Fees to Exhibit B effective July 1, 2022.
AMENDMENT
1. 2.2 Term and Time of Performance is amended to read as follows:
This contract will remain in effect until December 31, 2023.
2. 2.6 Compensation is amended to read as follows:
Compensation for Consultant's professional services shall not exceed $280,000, inclusive of all costs. Payment shall be based upon Town approval of each task based on Exhibit A of the original agreement. Effective July 1, 2022, the Schedule of Fees in Exhibit B shall be applied.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
First Amendment to Agreement for Consultant Services with Ninyo & Moore On-Call Materials Testing and Special Inspection Services
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 Ruchil Shah
Director of Business Development
Department Approval:
_______________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Shelley Neis, MMC, CPMC, Town Clerk
Ninyo & Moore | Town of Los Gatos | 08SJO-01314 | April 12, 2022 CA14 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 210 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 200 Senior Project Engineer/Geologist/Environmental Scientist.................................................................................... $ 195 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 185 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 170 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 155 GIS Analyst............................................................................................................................................................... $ 130 Technical Illustrator/CAD Operator .......................................................................................................................... $ 110 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 195 Field Operations Manager........................................................................................................................................ $ 130 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 125 Supervisory Technician ............................................................................................................................................ $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................. $ 115 Senior Technician..................................................................................................................................................... $ 110 Technician ................................................................................................................................................................ $ 110 Administrative Staff
Information Specialist ............................................................................................................................................... $ 90 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 95 Data Processor ......................................................................................................................................................... $ 85 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Nuclear Density Gauge ........................................................................................................................................ $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.
Effiective July 1, 2022
EXHIBIT B
Ninyo & Moore | 2022 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 40 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203 ..................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 260 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 425 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 120 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 350 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 ................................. $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67................................................. $ 250
Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on April 6, 2021 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Ninyo & Moore , (“Consultant”), whose address is 2149 O’Toole Avenue, Suite 30, San Jose, CA 95131. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide on-call materials testing and special inspection services for various Town capital improvement projects and other projects within the Town.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on January 14, 2021, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from April 15, 2021 to June 30, 2022, with an option to extend for one (1) additional period of one (1) year.
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 DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
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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 Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. 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 $180,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
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 Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
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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 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 performance 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 performance 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.
2.12 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.
III. INSURANCE AND INDEMNIFICATION
3.1 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 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.
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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 $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.
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, 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 officers, 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.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant 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, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
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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.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant 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 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 termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
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4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
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indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Ninyo & Moore
2149 O’Toole Avenue, Suite 30
San Jose, CA 95131
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and 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.
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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4 4/13/2021
4/14/2021 Greg Ruf, Principal Engineer
4/17/2021
4/20/2021
4/20/2021
January 14, 2021
Proposal No. P08SJO-01301
On-Call Materials Testing and
Special Inspection Services
Ms. Janice Chin, Assistant Engineer
Town of Los Gatos
Parks and Public Works
41 Miles Avenue
Los Gatos, California 95030
EXHIBIT A
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
1 Cover Letter
2149 O’Toole Avenue, Suite 30 | San Jose, California 95131 | p. 408.435.9000 | www.ninyoandmoore.com January 14, 2021
Proposal No. P08SJO-01314
Ms. Janice Chin, Assistant Engineer
Town of Los Gatos
Parks and Public Works
41 Miles Avenue
Los Gatos, California 95030
Subject: On-Call Materials Testing and Special Inspection Services Dear Ms. Chin:
Ninyo & Moore Geotechnical and Environmental Sciences Consultants is pleased to submit our qualifications in response to your Request for Qualifications (RFQ) to provide On-Call Materials Testing and Special Inspection Services for the Town of Los Gatos (Town). We acknowledge receipt of the Town’s Questions and Answers addendum dated January 11, 2021, and confirm that all requirements of the addenda are included in this proposal. With regard to a 2-hour minimum charge as opposed to the standard practice of our profession of a 4-hour minimum, driven by collective bargaining and prevailing wage, we agreed to the 2-hour minimum as well as 2-hour billing increments for the first 8 hours with the understanding that our services are billed on a portal-to-portal basis from our San Jose facility, not just time on site.
Ninyo & Moore is a California “S” Corporation which began in 1986 in San Diego, California. Our firm specializes in Materials Testing and Inspection Services as part of the wide range of consulting services that we provide to our clients and is one of the most highly respected Geotechnical services consultants in Northern California. From our local offices in San Jose and Alameda, California, we have been providing Construction Materials Testing/Inspection consulting services on a wide variety of capital improvement projects that are similar in scope to the services requested. In Northern California, we currently hold or have held on-call services agreements with the following agencies:
• City of Redwood City
• City of San Carlos
• City of Millbrae
• City of South San Francisco
• San Francisco Public Works
• City of Albany
• City of Richmond
• City of Oakland
• City of El Cerrito
• City of Alameda
• City of Fremont
• Contra Costa County
• Midpeninsula Regional Open Space District
• San Francisco Unified School District
• County of Alameda Flood Control
District and Public Works Agency
• County of Santa Clara Fleet and Facilities and Park
and Recreations Departments
Ninyo & Moore is highly qualified to perform the requested services for the following reasons:
• NORTHERN CALIFORNIA PUBLIC WORKS EXPERIENCE – For 34 years Ninyo & Moore has provided geotechnical, environmental, materials testing, and inspection services to municipal agencies and school districts throughout the Western United States. We previously provided and are presently providing services similar to those required for this on-call contract for City of Fremont, City of San Jose, City of Santa Clara, City of Oakland, City of Alameda, and City of San Francisco, as well as over 50 cities and counties throughout California. • QUALIFIED STAFF TO RESPOND TO A VARIETY OF TASKS – Company-wide, Ninyo & Moore has a team of 493 professionals and has the in-house resources to support this contract throughout its duration. The references we have provided can attest to our responsiveness and quality deliverables.
Cover Letter
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
2 Cover Letter
Ninyo & Moore | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 • SUCCESSFUL APPROACH TO PROVIDING ON-CALL SERVICES – We understand the nature of the work required and the importance of offering a comprehensive range of services, in a responsive manner, using project-proven methods. This improves our response time on a request for service and mobilization of the qualified individuals to execute the Task Authorization. We have compiled our team with maximum flexibility for demanding project requirements or the assignment of concurrent task orders.
The Ninyo & Moore Contract Manager with authority to bind the firm in all matters related to this proposal is presented below.
He will also be the City’s primary point of contact.
• Mr. Gregory J. Ruf, PE, GE
Ninyo & Moore Geotechnical and Environmental Sciences Consultants Principal Engineer/Dir. of Construction Services, Primary Point of Contact 2149 O’Toole Avenue, Suite 30, San Jose, California 95131 T: 408.435.9000, ext. 15314 | F: 408.435.9006 | Email: [email protected] As a requirement of the Town’s RFQ, we have reviewed the contract template for the Consultant Services Agreement and confirm that it is acceptable.
We appreciate this opportunity to submit our qualifications and we look forward to the opportunity of working with the Town of Los Gatos, if selected. We are available to answer any questions during your evaluation period.
Sincerely,
NINYO & MOORE
Gregory J. Ruf, PE, GE
Principal Engineer
GJR/jso
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 3 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Certification Forms
Certification Forms
ATTACHMENT 2 – CONFLICT OF INTEREST STATEMENT
Ninyo & Moore
No other relationship will have an impact on this contract or Project.
No other clients will have a financial interest with an impact on this contract or Project.
No such relationships exist.
Ninyo & Moore
Ninyo & Moore
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 4 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Certification Forms
Ninyo & Moore
2149 O’Toole Avenue, Suite 30
San Jose, California 95131
Gregory J. Ruf, PE, GE
Principal Engineer/Dir. of Construction Services
January 14, 2021
January 14, 2021
San Jose California
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 5 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Certification Forms
Certification Forms
ATTACHMENT 3 – NON-COLLUSION DECLARATION
a Principal Engineer Ninyo & Moore
Gregory J. Ruf, PE, GE
Principal Engineer/Dir. of Construction Services
1/14/2021
San Jose CA
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 6 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Certification Forms
Certification Forms
ATTACHMENT 5 – INSURANCE COVERAGE
Gregory J. Ruf, PE, GE, Principal Engineer/Dir. of Construction Services Ninyo & Moore
January 14, 2021
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 7 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Review of Scope of Services
Review of Scope of Services
Ninyo & Moore has developed an in-house project management system specifically tailored to government contracts. This system is continually updated to meet the changing needs of our public agency clients and allows us to effectively and efficiently respond to each tasks assigned with highly experienced and qualified personnel, while at the same time, maintaining a singlepoint-of-contact with the Town for the coordination of all our services. The success of our on-going contract management system is demonstrated by the numerous on-call contracts we have been awarded by public agencies and the renewal of these contracts over the years.
The scope of work performed as part of the specific project will be influenced by the nature of the proposed improvements.
Based on our understanding of the various Capital Improvement Projects (CIP) within the Town, our review of the Quality Assurance Program (QAP), and our experi-ence with similar projects, we propose to provide the following scope of services:
R Sampling of aggregate base and hot mix asphalt from the plant and job site and transportation to our laboratory for testing; R Perform conformance testing of aggregate base material including sieve analysis (CT 202), sand equivalent (CT 217) and Cleanness Value (CT 227) in the laboratory and provide test results to the Resident Engineering within 24 hours; R In-place field density testing of soils and aggregates using a nuclear density gauge in accordance with CT 231 to determine the relative compaction of compacted soil and aggregate base and provide test results to the Resident Engineering within 24 hours;
R Maximum compacted density determinations of soils and aggregates in the laboratory accordance with CT 216 for soil and aggregate base and provide test results to the Resident Engineering within 24 hours; R In-place field density testing of hot mix asphalt using a nuclear density gauge in accordance with CT 375 to determine the relative compaction of the HMA;
R Theoretical maximum specific gravity and density (Rice) test (CT 309), asphalt binder content by ignition oven (CT 382), moisture content of asphalt mixture (CT 370), Air voids (CT367), Stabilometer Value test (CT 366) and bulk specific gravity and density of HMA Cores (CT 308) for asphalt concrete in the laboratory; R Review concrete mix designs submitted by the contractor for compliance with the project documents when required by the Town;
R Portland cement concrete batch plant inspection to verify material quality, batch weights, and use of appropriate mix design; R Structural concrete placement inspection including slump and temperature tests of concrete and cast compressive strength test specimens (1 set of Five 4”x 8” cylinders per 1,000 CY) for laboratory testing (CT 521); R Pavement concrete placement inspection including slump and temperature tests of concrete and cast one set of two beams for Modulus of Rupture (6x6x32 inch for Center Loading and 6x6x20 inch for third point loading – CT 523); R Concrete sample pick-up and transportation to our laboratory for curing and testing; R Compression testing of concrete cylinders and modulus of rupture testing of concrete beams in the laboratory; R Perform conformance testing of aggregate base material including sieve analysis (CT 202), sand equivalent (CT 217) during slurry seal and microsurfacing;
R Welding procedure and welder’s qualification review prior to performing welding in the shop and field; R Material identification, mill certificate verification and structural steel welding inspection in the shop; R Structural steel welding inspection in the field;
R Non-destructive testing including ultrasonic and mag particle testing (UT/MT) in the shop and field; DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 8 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Review of Scope of Services
R High strength bolts placement inspection and torque testing; R Sampling of high strength bolts and transport to our laboratory for testing; R Conformance tests of high strength bolts, nuts and washer in the laboratory; R Prepare daily field reports documenting items inspected and reports of laboratory testing to be submitted to the project team; and
R Prepare final affidavit letter at the conclusion of the project.
Other than services listed in the quality assurance program (QAP), we also offer the following services when requested by the Town on an as-needed basis per ASTM, AASHTO and Caltrans testing and inspection standards.
R Asphalt Placement Testing
R Asphalt and Concrete Batch Plant Inspection
R Asphalt and Concrete Mix Design Review
R Backfill Placement Observation
R Concrete and Masonry Coring
R Concrete Batch Plant Inspection
R Concrete Mix Design Review
R Concrete Sampling and Testing
R Drilled Shaft Observation
R Epoxy & Anchor Bolts Installation Inspection
R Field and Shop Welding Inspection
R Fireproofing Inspection
R Foundation Excavation Evaluation
R Glu-lam Product Inspection
R High Strength Bolt and Expansion Bolt Testing
R Hveem Tests of Asphalt
R Laboratory Testing of Concrete, Masonry, Reinforcing
and Structural Steel, Soil and Fireproofing
R Load Testing of Bolts and Embeds
R Masonry Inspection
R Material Identification
R Non-Destructive Testing
R Pile Driving Observation
R Pre-stressed & Post-Tensioned Tendon Stressing
R Pre-stressed Concrete Inspection
R Reinforced Concrete Inspection
R Reinforcing Steel Sampling and Tagging
R Rock Anchor Tie-Back Placement Observation
R Site Grading Observation
R Soil Compaction Testing
R Structural Steel Shop Fabrication Inspection
R Welding Procedure Specification Review
SPECIALIZED SERVICES:
Ninyo & Moore is capable and experienced in providing geophysical services including ground penetrating radar (GPR) for air voids, reinforcing steel and post-tensioned cable location surveys, concrete, shotcrete and masonry coring services, floor flatness and levelness surveys (FF & FL), vibration and noise monitoring services, window infiltration testing as well as moisture vapor emissions testing. An additional cost estimate for these specialized services will be provided to the Town based on the required scope of work.
I am extremely grateful for the support
Ninyo & Moore staff provides and
consider their value-added contributions
to be indispensable. In combination
with the timely manner and professional
work ethics, their effort and dedication
are truly commendable. I would like to
express my personal thanks and sincere
appreciation for their efforts and support
to the City...
- Ray Chan, PE, City of San Carlos
City Engineer (retired)
Ninyo & Moore has assisted the City of
Oakland with a wide variety of projects.
They have kept budgets to a minimum
and have delivered a quality product.
They have also demonstrated the ability
to be flexible with both budgets and
personnel as projects evolve. They are
attentive to the City’s needs and excellent
at keeping lines of communication open
before, during and after a project.
- Mark Gomez, City of Oakland
Supervisor, Environmental Protection & Compliance
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 9 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
Ninyo & Moore, #219 in the Engineering News Record (ENR) Top 500 Design Firms of 2020, was established in 1986 to provide geotechnical engineering, engineering geology, materials testing, special inspection, and environmental consulting services to clients in the governmental (federal, state, and local), commercial, and private sectors. The company is wholly-owned by Mr. Avram Ninyo, PE, GE, who directly manages the corporation and is supported by an efficient structure of technical and business-line managers. Our firm has provided soil and materials testing and inspection, geotechnical engineering, geologic, hydrogeologic, and environmental consulting services for cities and counties throughout the western United States for 34 years. Ninyo & Moore pledges to complete each and every project assignment in a high-quality manner with special attention given to quality assurance, timeliness, and cost.
Specific strengths of Ninyo & Moore, which we believe make us exceptionally well qualified to undertake the requested services, are detailed below.
LOCATIONS
Ninyo & Moore’s corporate office is in
San Diego, California, with 16 additional
locations throughout the western United
States, including: San Jose, Alameda, San
Francisco, Sacramento, Irvine, Fontana,
and Los Angeles, California; Las Vegas,
Nevada; Phoenix, Tucson, and Prescott,
Arizona; Denver, Broomfield, and Fort
Collins, Colorado; Houston, Texas; and
Salt Lake City, Utah. This contract will be
administered from our San Jose office.
PERSONNEL
Company-wide, Ninyo & Moore’s staff
of 500 professionals enable us to
be responsive to client needs and to
successfully complete project tasks on
time. In our Bay Area offices, we have 54
professionals who are available to provide services the services described in Section C. Minimum Qualifications of the Town’s RFQ. Our current and anticipated workload is such that the proposed qualified personnel who would be assigned to this on-call contract will be able to accomplish project requests for the duration of the contract. Our proposed project team is fully staffed, equipped, and committed to perform the required construction materials testing and inspection services for the Town and will be available to the Town when called upon for services. We are accustomed to working Full-Time and Part-Time on an as-needed basis to accommodate your project needs. Ninyo & Moore has a full-time experienced dispatcher, a full-time experienced Laboratory Manager, and highly experienced inspectors, project and task managers on our staff. The quality of Ninyo & Moore’s personnel base is widely recognized. Our staff of experienced and registered professionals includes geotechnical engineers, civil engineers, engineering geologists, hydrogeologists, geophysicists, environmental engineers, environmental scientists, certified technicians and field inspectors, and hazardous waste and regulatory compliance specialists.
TESTING LABORATORIES
Ninyo & Moore’s Construction Services Division is capable of performing a wide variety of construction materials inspection and testing services. Ninyo & Moore maintains fully equipped, in-house laboratories and offers full-service field and laboratory services for construction materials testing projects, including soil, concrete, masonry, asphalt, steel, fireproofing, and high strength bolt testing. Our laboratories are supervised by registered civil engineers and meet the requirements of ASTM E329, ASTM C1077, Experience and Expertise
DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4
Ninyo & Moore 10 | Town of Los Gatos, On-Call Materials Testing and Special Inspection Services RFQ | P08SJO-01314 | January 14, 2021 Experience and Expertise
ASTM D3740, and ASTM D3666. Ninyo & Moore’s testing laboratories have been inspected and/or accredited by the Division of the State Architect (DSA), AASHTO, AMRL, CCRL, Caltrans, U.S. Army Corps of Engineers and other governmental entities.
QUALITY
Ninyo & Moore’s services are rendered in strict compliance to the firm’s rigorous Quality Assurance/Quality Control program, which goes beyond the expectations of the industry. Ninyo & Moore’s quality assurance program is designed to be flexible while ensuring that the data is of sufficient and appropriate quality to fulfill project requirements.
TECHNICAL RESOURCES AND MANAGEMENT
Ninyo & Moore’s strengths lie in the quality, diversity, and technical experience of its key personnel and staff, and in the personal involvement of the principals throughout the company. Our firm maintains its exceptional reputation in the industry by providing high quality technical expertise and meeting challenging schedules and budgetary goals. This is made possible through our attention to detail, project management approach, and assigning an experienced Principal to every project. Project managers are well versed working closely with project inspectors and project manager of construction management firms to know the schedule ahead of time and co-ordinate with dispatcher to staff the project accordingly.
PROJECT EXAMPLES
Client satisfaction is Ninyo & Moore’s most important objective. Ninety percent of our clients are repeat customers. Our primary goal is to deliver high-quality, responsible products and services; a philosophy that has contributed to our growth and client satisfaction since establishment of Ninyo & Moore. For 35 years, we have successfully completed numerous projects under On-Call contracts for public works agencies in cities and counties throughout Northern California in accordance with applicable federal, state, and local government regulations and guidelines. Provided on the following pages are project examples of a similar size, scope, and complexity as the services required by this RFQ that Ninyo & Moore would bring to project assignments. These projects involved interactions with other regulatory agencies for permitting and approvals, as well as a clear understanding of the applicable federal, state, and local government regulations and guidelines. We have attended city council meetings at the request of our clients on an as-needed basis.
Town of Los Gatos, Almond Grove Street Reconstruction Project Phase 2, Materials Testing Services
Ninyo & Moore provided materials testing and inspection services for the Almond Grove Street Reconstruction Project Phase 2 in Los Gatos, which included 10 residential streets. Project improvements consisted of increased disability access, new sidewalks, driveways and concrete paved roadways.
Ninyo & Moore’s services for the project included concrete mix design reviews, geotechnical earthwork observation, laboratory testing, and field compaction testing services during earthwork operations, conformance testing in the laboratory, preparation of pavement subgrade, concrete pavement section construction, sampling of concrete and testing them in the laboratory for compression testing. Ninyo & Moore provided RFI review and response, submittal review, and liaison with the project team.
Progress reports were sent on a bi-weekly basis. Final verified reports were prepared at project completion to document the work performed.
City of Santa Clara, On-Call Materials Testing and Inspection Services Ninyo & Moore was awarded an On-Call Materials Testing and Inspection Services contract in 2019 for a three-year term.
Projects under this on-call contract consist of various capital improvement projects including street pavement reconstruction & rehabilitation, pedestrian and traffic signal improvements, building construction and renovation, storm drain and sanitary sewer pipeline and pump station rehabilitation, parks and recreation facilities construction and rehabilitation and curb ramp improvements.
Ninyo & Moore is currently providing geotechnical observation and soil compaction testing for City’s 2020 Pavement Preservation Project which is Federally Funded and requires to follow Local Assistance Procedures Manual from Caltrans for sampling and testing of subgrade, aggregate base and asphalt concrete material. The project consists of removal and replacement of failed DocuSign Envelope ID: 9F3E5690-4CFF-4F36-80B0-4315A0514BF4