Los Gatos City Council
June 21, 2022

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 21, 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 21, 2022
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/87009605582?pwd=K1kxWHZkakNlL1QrY2d0NjFBUXJuQT09. Passcode:
071561. You can also type in 870 0960 5582 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 two (2) 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.

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.

LENGTH OF ALL PUBLIC COMMENTS All public comments for all agenda items, including verbal communications, will be limited to two minutes.

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.

MEETING CALLED TO ORDER

ROLL CALL

PRESENTATIONS
i. Safe Routes to School (SR2S) Annual 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 Town Council Special Meeting on June 7, 2022 - Commissioner Interviews.

2. Approve Draft Minutes of the June 7, 2022 Town Council Meeting.

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. Receive Fiscal Year 2020/21 Federal Single Audit Report and Corrective Action Plan.

5. Authorize the Town Manager to Execute a Three-Year Agreement with Microsoft to Purchase Software Licensing Through Dell Technologies in an Amount Not to Exceed $250,000.

6. Authorize the Town Manager to Execute an Agreement for Consultant Services with Monarch Consulting to Provide Services as Arborist Consultant to the Town.

7. Authorize the Town Manager to Execute an Agreement for Consultant Services with Walter Levison to Provide Services as Arborist Consultant to the Town.

8. Authorize the Town Manager to Execute an Agreement for Consultant Services with Larry Cannon, Cannon Design Group to Provide Services as Architectural Consultant to the Town.

9. Authorize the Town Manager to Submit Applications in the One Bay Area Grant Program.

10. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Landscape Services, Inc. for Landscape Maintenance Services in an Amount of $167,402 Annually, Plus an Additional Five Percent ($8,370) for Unforeseen Services for a Total Annual Amount Not to Exceed $175,772, and a Total Agreement Base Amount Valued at $878,860 Prior to Any Increase Adjustments Made for Consumer Price Index (CPI).

11. Accept the Complete Streets and Transportation Commission’s Recommendation to Not Proceed with a Pilot Program with Any Electric Scooter Providers.

12. Approve an Amendment to the Classification Plan to Create a Flexibly Staffed Police Records Specialist Job Series.

13. Authorize the Following Actions Related to the Cal OES Pass Through Grant Subaward:
a. Accept a California Governor’s Office of Emergency Services (Cal OES) Pass Through Grant Subaward in the Amount of $7,000,000 for Public Safety and Emergency Resiliency;
b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount of $7,000,000 to Receive and Disburse the Subaward; and
c. Authorize the Town Manager to Execute Subrecipient Agreements with the Implementing Agencies to Disburse the Cal OES Pass Through Grant Subaward Based on the Original Grant Request.

14. Authorize the Town Manager to Execute a Five-Year Agreement with Tyler Technologies to Provide Enterprise Resource Planning (ERP) Software Implementation and Ongoing Support for the Town of Los Gatos for $1,147,328 plus a 10% contingency for a Total Agreement Amount Not to Exceed $1,262,061.

15. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Audit Services with Badawi and Associates to Increase Compensation by $5,400 for a Total Contract Amount Not to Exceed $173,385.

16. 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 $136,308 General Fund Salary Reimbursement for Capital Improvement Staff Work.
3) Approve American Rescue Plan Act Budget Adjustments.

17. Receive an Update on the Dittos Lane Affordable Housing Project.

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, this portion of the agenda is limited to 30 minutes and no more than two (2) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

18. Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2022 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement of the Public Nuisance and Potential Fire Hazard Pursuant to the Town of Los Gatos Municipal Code (Chapter 9) Regarding Defensible Space.

19. Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2:
a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone.
b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone.

c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone.
d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone.
e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone.
f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone.

OTHER BUSINESS (Up to two (2) minutes may be allotted to each speaker on any of the following items.)

20. Approve Senior Services Roadmap Goals as Recommended by the Senior Service Committee.

21. Receive a Report on the June, 16, 2022 Promenade Event and Provide Additional Direction to Staff on Event Format or Other Provisions if Needed.

22. Receive the Town of Los Gatos Business License Analysis and Ordinance Review, Direct Staff to Continue Research and Public Outreach, and Return to Town Council on August 2, 2022 with Proposed Ballot Measure Language to Modernize and Create a More Equitable Business License Tax Structure.

23. Maintain a Ban on Cannabis Businesses in Los Gatos and Consider a Ballot Measure to Tax Cannabis Businesses.

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.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/21/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Commissioner Interviews June 21, 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 7, 2022, at 6:00 p.m. to conduct Boars, Commission, and Committee interviews.

MEETING CALLED TO ORDER AT 6:02 P.M.

ROLL CALL

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

Absent: None

VERBAL COMMUNICATIONS
None.

BOARD/COMMISSION/COMMITTEE INTERVIEWS
Council interviewed applicants for the vacant positions on Town Boards, Commissions, and Committees.
 Building Board of Appeals (1 vacancy, 0 applicants)
 Community Health and Senior Services Commission (2 vacancies, 1 applicant) o Pradeep Khanal
 Historic Preservation Committee (1 vacancy, 2 applicants) o Susan Burnett
o Alan Feinberg
 Parks Commission (2 vacancies, 3 applicants)
o Brant Corenson
o Craig Gleason
o Pradeep Khanal

PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Special Meeting of June 7, 2022 DATE: June 14, 2022
Board/Commission/Committee Interviews – continued
 Personnel Board (1 vacancies, 0 applicants)

ADJOURNMENT
The meeting adjourned at 6:48 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/21/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
June 7, 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, June 7, 2022 at 7:00 p.m.

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

ROLL CALL

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

Absent: None

PRESENTATIONS
i. Outgoing Youth Commissioner Commendation
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
Mayor Rennie presented Outgoing Youth Commissioner Commendations.

Youth Commissioner Chair Sasha Balasingham presented the Youth Friendly Business of the Year to Los Gatos Meats represented by Carol Chiala Coletti and Jennifer Chiala.

Youth Commissioner Vice Chair Quincy Scott presented the Youth Friendly Green Business of the Year award to Southern Kitchen represented by Sara Williams.

Youth Commissioner Chair Sasha Balasingham and Vice Chair Quincy Scott presented the Commission’s highlights of the year.

BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
The Town Council appointed applicants for the vacant positions on Town Boards, Commission, and Committees.
 Building Board of Appeals (1 vacancy, 0 applicants)

PAGE 2 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Board/Commission/Committee Appointments – continued
 Community Health and Senior Services Commission (2 vacancies, 1 applicant) o Pradeep Khanal was appointed to an unexpired partial 3-year term.  Finance Commission (1 vacancy, 0 qualified applicants)  Historic Preservation Committee (1 vacancy, 2 applicants) o Susan Burnett was appointed to an unexpired partial 2-year term. o Alan Feinberg was not appointed.
 Parks Commission (2 vacancies, 3 applicants)
o Craig Gleason was appointed to an unexpired partial 3-year term. o Brant Corenson was appointed to an unexpired partial 2-year term. o Pradeep Khanal was not appointed.
 Personnel Board (1 vacancies, 0 applicants)

CLOSED SESSION REPORT
Mayor Rennie stated Council met as duly noted on the agenda on June 1, 2022, and no action was taken deemed reportable under the Brown Act.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Badame stated she attended the Sounds of Summer event and met with residents on a variety of topics.
- Council Member Sayoc stated she attended the Cal Cities Peninsula Division event to discuss Governor Newsom’s CARE Court proposal and the Memorial Day Event at Los Gatos Memorial Park with Council Member Hudes.
- Vice Mayor Ristow stated she attended the Housing Element Advisory Board (HEAB) meeting with Council Member Sayoc, Green Streets for Sustainable Communities meeting, Senior Service Commission meeting, and Parks and Public Works Open House BBQ event; assisted staff and other volunteers with bike and pedestrian counts on Shannon Road and Blossom Hill Road; stated no qualified applicants applied for the Finance Commission and the deadline will be extended to sometime in the fall; and stood in for Mayor Rennie to deliver a congratulatory speech to the 8th grade graduating class at Hillbrook School. - Council Member Hudes stated he attended the Senior Service Committee and SubCommittee meetings, Emergency Operations Council (EOC), and Silicon Valley Regional Interoperability Authority (SVRIA) meetings; met with residents and separately with the Chamber of Commerce; and presented a Historic Preservation and Restoration Award to the homeowners on Broadway for restoration of their Victorian home.

PAGE 3 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Council Matters – continued
- Mayor Rennie stated he attended Bay Area Air Quality Management District (BAAQMD) Board, West Valley Mayors and Managers (WVM&M), and Silicon Valley Clean Energy Authority (SVCEA) Finance and Admin and Risk Oversight Committee meetings; participated in the SPENGA Ribbon Cutting, Italian Republic 76th Anniversary Celebration, and as a reactor for Russ Hancock’s Class Project; and spoke at the Lions Club.

Manager Matters
- Announced a Housing Element Advisory Board meeting on June 16, 2022 via teleconference.
- Announced the Town Council will hold a special meeting on the Draft 2040 General Plan on June 20, 2022, via teleconference.
- Announced the Summer Reading Program will take place June 1 – July 31, 2022. - Announced the annual Independence Day Celebration will take place at Oak Meadow Park on July 4, 2022.

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

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. RESOLUTION 2022-032

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. RESOLUTION 2022-033

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. RESOLUTION 2022-034

PAGE 4 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Consent Items - continued

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 CarryForward 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. RESOLUTION 2022-035

13. Adopt a Resolution Approving the Parcel Map for 105 Newell Avenue and Accepting the Public Service Easement Dedication. RESOLUTION 2022-036

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.

PAGE 5 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Consent Items - continued

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.

Council Member Hudes pulled items 7, 9, 11, and 19 - 22.

Opened public comment.

No one spoke.

Closed public comment.

MOTION: Motion by Council Member Badame to approve Consent Items 1 through 6, 8, 10, and 12 through 18. Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Joanne Rodgers
- Read an article that stated marijuana causes a rise in violent crime and mental health issues.

PAGE 6 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Verbal Communications – continued
Susan Burnett
- Continued reading the article that stated marijuana causes a rise in violent crime and mental health issues.

Joe Rodgers
- Continued reading the article that stated marijuana causes a rise in violent crime and mental health issues.

Diana Pleasant
- Shared an interview of a parent detailing the negative experiences of her son’s marijuana use.

Lee Fagot
- Commented in opposition of allowing marijuana dispensaries in the Town.

OTHER BUSINESS

23. Consider the Draft Site Inventory as Recommended by the Housing Element Advisory Board (HEAB).

Jocelyn Shoopman, Associate Planner, presented the staff report.

Opened public comment.

Don Capobres, Grosvenor Americas
- Commented on his letter contained in the Desk Item and the ability for Grosvenor and Eden Housing to deliver the affordability mix shown in the Draft General Plan for the North 40 Phase II.

Closed public comment.

Council discussed the item.

PAGE 7 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Other Business Item #23 – continued
MOTION: Motion by Council Member Hudes to 1) not exceed the Regional Housing Needs Assessment (RHNA) allocation by more than a 15% buffer but analyze additional sites that could be included if the California Department of Housing and Community Development (HCD) rejects the Housing Element and wait until the Housing Element is accepted or rejected before proposing anything in excess of the RHNA plus 15%; 2) staff to work with the Town Council, Planning Commission, and HEAB to develop a set of principles by which sites are prioritized and selected; 3) utilize projections based on Senate Bill 9 (SB9) per HCD guidance in its Fact Sheet dated March 2022 and any other guidance or experience from other communities; 4) drop the North 40 282 units from Tier 1 or increase the number of units such that it complies with the 30 units per acre density; 5) obtain a vote by the HEAB on recommended sites that meet the principles and criteria with clear link of the sites to the criteria; and 6) bring the work product back to Council including survey results and the balancing act tool with the HEAB recommendations. Seconded by Council Member Badame.

VOTE: Motion fails 2/3. Mayor Rennie, Vice Mayor Ristow, and Council Member Sayoc voting no.

MOTION: Motion by Vice Mayor Ristow to approve the Tier 1 sites as presented in the report.

AMENDMENT: Direct staff to project SB9 units. Seconded by Council Member Sayoc.

VOTE: Motion passes 3/2; Council Members Hudes and Badame voting no.

Recess 9:07
Reconvene 9:19 p.m.

24. Discuss and Provide Direction on Proposed Electrification Reach Codes for the 2022 Green Building Standards Code.

Robert Gray, Chief Building Official, presented the staff report. Anthony Eulo, Silicon Valley Clean Energy Authority, gave a presentation.

Opened public comment.

Jessie Bristow, Swanson Builders
- Commented on aesthetic and utility access requirements by PG&E.

Rob Stump
- Commented on availability of electric supply.

PAGE 8 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Other Business Item #24 – continued
Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Badame to accept the proposed electrification reach codes for the 2022 Green Building Standards Codes as stated in the staff report.

Seconded by Council Member Hudes.

VOTE: Motion passes unanimously.

25. Provide Direction Regarding a Potential Land Acknowledgement Regarding Aboriginal Homeland.

Holly Zappala, Management Analyst, presented the staff report.

Opened public comment.

Kylie Clark, Los Gatos Anti-Racism Coalition
- Commented in support of adopting a land acknowledgement.

Craig Gleason
- Commented in support of adopting a land acknowledgement.

Emeric Bisbee
- Commented in support of adopting a land acknowledgement.

Jeffrey Suzuki
- Commented in support of adopting a land acknowledgement.

Ali Miano
- Commented in support of adopting a land acknowledgement.

Rob Moore, Los Gatos Anti-Racism Coalition
- Commented in support of adopting a land acknowledgement.

Closed public comment.

Council discussed the item.

PAGE 9 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Other Business Item #25 – continued
MOTION: Motion by Vice Mayor Ristow to approve staff to move forward with work on a land acknowledgement using the following alternatives from page 3 of the staff report #1 - modify the Town Council Agenda Format and Rules Policy to include a Land Acknowledgement Statement to be read aloud prior to each Town Council and/or Board, Commission, and Committee meeting; #4 - post a Land Acknowledgement Statement on the Town website, including links for more information; #5 - deliver a Land Acknowledgement Statement at Town events such as Spring into Green, Fourth of July, Symphony in the Park, Screen on the Green, Tree Lighting, etc.; and #6 - begin Library programs by reading a Land Acknowledgement Statement.

AMENDMENT: incorporate the ongoing work that NUMU has started. Seconded by Council Member Sayoc.

VOTE: Motion fails 2/3. Mayor Rennie, Council Member Hudes, Council Member Badame voting no.

MOTION: Motion by Council Member Sayoc to 1) approve a Land Acknowledge Statement with the wording to be determined at a later date with engagement of the tribal parties involved; 2) that the Land Acknowledgement Statement will be used at the start of significant Town Council events and meetings and that those exact meetings will be determined once the language of the Land Acknowledgement Statement has been crafted and comes back to the Town Council; 3) devote resources to creating a Land Acknowledgement Statement; and 4) the Land Acknowledgement Statement will be posted to the Town website, included on written materials, and what will be read aloud will be determined at a later date based on the length of the Land Acknowledgement Statement. Seconded by Vice Mayor Ristow.

VOTE: Motion passes unanimously.

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.

Laurel Prevetti, Town Manager, presented the staff report.

Opened public comment.

Kylie Clark
- Commented in opposition of the beer garden only alcohol distribution model.

Ginger Rowe, Time Out Clothing
- Commented in opposition of the beer garden only alcohol distribution model.

PAGE 10 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Other Business Item #26 – continued
Jim Foley, Los Gatos Food & Wine Group, Chamber of Commerce - Commented in opposition of the beer garden only alcohol distribution model.

Brian Bernasconi
- Commented in opposition of the beer garden only alcohol distribution model.

Randi Chen, Chamber of Commerce
- Commented in opposition of the beer garden only alcohol distribution model.

Rob Moore
- Commented in opposition of the beer garden only alcohol distribution model.

Donna McCurrie
- Commented in opposition of the beer garden only alcohol distribution model.

Catherine Somers, Chamber of Commerce Executive Director - Commented in opposition of the beer garden only alcohol distribution model.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Sayoc to eliminate beer gardens and required the Chamber to: 1) provide alcohol dispensing points where identification will be checked and wristbands will be issued by paid staff; 2) alcohol will be provided via wristband by paid staff, one alcoholic drink per wristband and no more than one drink will be issued at a time; 3) Chamber staff will monitor the ingresses and egresses; 4) rules of conduct signage to be provided to staff to allow Police Department staff to review for additional suggestions and be displayed prominently during the event; 5) streetside alcohol sales end at 8 p.m. an hour before close of the event; 6) bring the item back to Council on June 21 for debriefing; 7) the Town Manager to provide updates to Council during the month of July; and 8) authorize the Town Manager and Police Chief to take any necessary precautions in the interest of public safety. Seconded by Vice Mayor Ristow.

VOTE: Motion passes unanimously.

PAGE 11 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Pulled Consent Items

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.

Council Member Hudes requested items 19-22 be considered together.

Arn Andrews, Assistant Town Manager, responded to an inquiry presented in the Desk Item for items 19-22.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to approve items 19, 20, 21, and 22 as presented in the staff reports. Seconded by Council Member Sayoc.

VOTE: Motion passes unanimously.

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 CarryForward Appropriations b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.

PAGE 12 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Pulled Consent Item #11 – continued
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.

Opened public comment.

No one spoke.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Hudes to refer the item to the Finance Commission for their input and bring the item back to Council on June 21. Seconded by Vice Mayor Ristow.

VOTE: Motion passes unanimously.

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.

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.

Council Member Hudes requested items 7 and 9 be considered together.

PAGE 13 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022
Pulled Consent Items #7 and #9 – continued
Arn Andrews, Assistant Town Manager, provided clarifying information.

Opened public comment.

Catherine Somers, Chamber of Commerce, Executive Director - Commented in support of allocating additional funds to destination marketing.

Jim Foley, Los Gatos Food & Wine Group
- Commented in support of allocating additional funds to destination marketing.

Donna McCurrie
- Commented in support of allocating additional funds to destination marketing.

Closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Sayoc to extend the meeting to no later than 12:10 a.m.

Seconded by Council Member Hudes.

VOTE: Motion passes unanimously.

MOTION: Motion by Council Member Sayoc to 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, and if there is an additional need for funds that the need be identified and return to Council for consideration. AMENDMENT: staff to work with the Mayor to bring a potential tourism destination study session with the Town Council, the hotels, and the Chamber at a future date. Seconded by Council Member Hudes.

VOTE: Motion passes unanimously.

MOTION: Motion by Council Member Sayoc to 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. Seconded by Council Member Hudes.

VOTE: Motion passes unanimously.

PAGE 14 OF 14
SUBJECT: Draft Minutes of the Town Council Meeting of June 7, 2022 DATE: June 7, 2022

ADJOURNMENT
The meeting adjourned at 12:02 a.m.

Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk

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: 06/21/2022
ITEM NO: 3
DATE: June 14, 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 Resolution 2022-031
 June 7, 2022 adopted Resolution 2022-032
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

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

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

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).

3 of 3
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 21st 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: 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: 06/21/2022
ITEM NO: 4
DATE: June 14, 2022
TO: Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Fiscal Year 2020/21 Federal Single Audit Report and Corrective Action Plan
RECOMMENDATION:

Staff recommends that the Town Council receive the Federal Single Audit Report and Corrective Action Plan for Fiscal Year (FY) 2020/21.

BACKGROUND:

On May 9, 2022, staff presented the Town’s Federal Single Audit for FY 2020/21 Single Audit Report to the Town’s Finance Commission. In performing the Single Audit for FY 2020/21, the Town’s independent auditor, Badawi and Associates, concluded that the rent forgiveness provided by the Town constituted “lost revenue” and thereby a “questioned cost” which under their interpretation of the federal guidelines would not be eligible for federal Coronavirus Aid, Relief, and Economic Security (CARES) Act reimbursement funding. Losses in revenues due to the pandemic, such as a decline in sales taxes or property tax, was not eligible under the federal CARES Act rules.

Based on the Town’s understanding of the initial Treasury guidance released April 22, 2020 regarding the CARES Act eligible uses, rent forgiveness support was classified as eligible under the Small Business Assistance category of expenditures. As such, the Town Council opted to assist certain Town lessees by forgiving their rent (a voluntary write-off of rents due to the Town) to support these entities during the height of the pandemic.

The questioned cost determination of rent forgiveness is identified as significant deficiencies in internal control over compliance that the auditor considered as a material weakness in the Single Audit Report (Attachment 1) and requires corrective action by the Town.

PAGE 2 OF 2
SUBJECT: Receive FY 2020/21 Federal Single Audit Report and Corrective Action Plan DATE: June 21, 2022
BACKGROUND (continued):

The auditor made this judgment based upon the fact that $94K of the $388K submitted for CARES Act reimbursements to the State Department of Finance was for rental assistance subsidies (rent forgiveness) for which the auditor determined was a material amount of the total $388K claimed under the CARES Act. The Finance Commission discussed the finding and stressed the importance of rectifying the issue and apprising Council of the finding.

DISCUSSION:

Accompanying the Single Audit Report is a required supplemental corrective action plan (Attachment 2) for federal agency review that must be submitted if the audit report had a finding. The affected Federal awarding agency or pass-through entity will review the report and if necessary, will follow up with Town staff on the acceptability of the Town’s corrective action plan or any alternative actions it expects staff to implement.

Upon feedback received from the Finance Commission on the possibility of re-submitting the CARES Act claim using an alternative eligible cost to replace the waiver of rents, staff contacted the State Department of Finance. Upon staff’s request, the Department of Finance allowed staff to correct, resubmit, and reallocate the questioned costs amount of $94,988 from business support (rent waivers) to public safety payroll costs. Staff received written approval of the reallocation as corrected in the State’s coronavirus reporting worksheet on June 1, 2022.

The attached revised Corrective Action Plan was updated to include the re-submission of replaced public safety costs to be substituted for rent waivers as approved by the State Department of Finance. Staff and its independent auditor believe that the nature of the finding and the revised corrective action plan as proposed have a positive result for the Town and that no further action or adverse outcomes would be required by the Federal agency reviewing this report.

CONCLUSION:

Upon approval by Town Council the Single Audit and Corrective Action Plan will be filed electronically by the auditor with certification by Town staff. The due date for filing is September 30, 2022.

Attachments:

1. FY 2020-21 Single Audit

2. FY 2020-21 Corrective Action Plan

Los Gatos, California
Single Audit Reports
For the year ended June 30, 2021
ATTACHMENT 1

Town of Los Gatos
Single Audit Reports
For the year ended June 30, 2021
Table of Contents
Page
Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................................................... 1 Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance and on the Schedule of Expenditures of Federal Awards ................................................................................................................... 3 Schedule of Expenditures of Federal Awards ..................................................................................................... 7 Notes to the Schedule of Expenditures of Federal Awards ............................................................................... 8 Schedule of Findings and Questioned Costs ....................................................................................................... 9

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE

AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED

IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the Town Council
of the Town of Los Gatos
Los Gatos, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund of the Town of Los Gatos, California (Town), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Town’s basic financial statements and have issued our report thereon dated December 31, 2021.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Town’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

To the Honorable Mayor and Members of the Town Council
of the Town of Los Gatos
Los Gatos, California

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Town’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
December 31, 2021
2

REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND REPORT ON

INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH THE UNIFORM GUIDANCE

AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and Members of the Town Council
of the Town of Los Gatos
Town of Los Gatos, California
Report on Compliance for Each Major Federal Program
We have audited the Town of Los Gatos, California (Town)’s compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Town’s major federal programs for the year ended June 30, 2021. The Town’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.

Auditor’s Responsibility
Our responsibility is to express an opinion on compliance for each of the Town’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Town’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the Town’s compliance. 3

To the Honorable Mayor and Members of the Town Council
of the Town of Los Gatos
Los Gatos, California

Basis for Qualified Opinion on CFDA 21.019 Coronavirus Relief Fund As described in the accompanying schedule of findings and questioned costs, the Town did not comply with requirements regarding CFDA 21.019 Coronavirus Relief Fund as described in finding numbers 2021-001 for Activities Allowed or Unallowed, and Allowable Costs and Cost Principles. Compliance with such requirements is necessary, in our opinion, for the Town to comply with the requirements applicable to that program.

Qualified Opinion on CFDA 21.019 Coronavirus Relief Fund In our opinion, except for the noncompliance described in the Basis for Qualified Opinion paragraph, the Town complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on CFDA 21.019 Coronavirus Relief Fund for the year ended June 30, 2021.

Unmodified Opinion on Each of the Other Major Federal Programs In our opinion, the Town, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its other major federal programs identified in the summary of auditor’s results section the accompanying schedule of findings and questioned costs for the year ended June 30, 2021.

Other Matters
The Town’s response to the noncompliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs. The Town’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control Over Compliance
Management of the Town is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Town’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control over compliance. 4

To the Honorable Mayor and Members of the Town Council
of the Town of Los Gatos
Los Gatos, California

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We did identify certain deficiencies in internal control over compliance, described in the accompanying schedule of findings and questioned costs as item 2021-001, that we consider to be a material weakness.

The Town’s response to the internal control over compliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs. The Town’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated December 31, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other To the Honorable Mayor and Members of the Town Council
5

of the Town of Los Gatos
Los Gatos, California

additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Badawi & Associates, CPAs
Berkeley, California
April 25, 2022, except for the schedule of expenditures of federal awards, which is as of December 31, 2021
6

Town of Los Gatos
Schedule of Expenditures of Federal Awards
For the year ended June 30, 2021
Federal
Catalog Pass-through Program
Grantor Agency and Grant Title Number Number Expenditures U.S. Department of Transportation:

Highway Planning and Construction Cluster
Passed through State of California
Highway Planning and Construction 20.205 HSIPL-5067(021) 120,220 Highway Planning and Construction 20.205 CML-5067(022) 245,253 Subtotal Highway Planning and Construction Cluster 365,473 Total U.S. Department of Transportation 365,473
Department of Homeland Security:

Emergency Management Performance Grants 97.042 2,365
Passed through County of Santa Clara
Fire Management Assistance Grant 97.046 FM-5336-CA 12,627 Total Department of Homeland Security 14,992
Department of Justice:

Bulletproof Vest Partnership Program 16.607 1,309
Total Department of Justice 1,309
Department of the Treasury:

Coronavirus State and Local Fiscal Recovery Funds 21.027 200,911 Passed through State of California
COVID19 - Coronavirus Relief Fund 21.019 n/a 388,181
Total Department of the Treasury 589,092
Total Expenditures of Federal Awards $ 970,866
See accompanying Notes to Schedule of Expenditures of Federal Awards. 7

Town of Los Gatos
Notes to the Schedule of Expenditures of Federal Awards For the year ended June 30, 2021
A. Reporting Entity
The financial reporting entity consists of (a) the primary government, Town of Los Gatos, California (Town), (b) organizations for which the primary government is financially accountable, and (c) other organizations for which the primary government is not accountable, but for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete.

B. Basis of Accounting
Funds received under the various grant programs have been recorded within the general, special revenue, and capital projects funds of the Town. The Town utilizes the modified accrual basis of accounting for the general, special revenue, and capital projects funds. Expenditures of federal awards reported on the Schedule of Expenditures of Federal Awards (Schedule) are recognized when incurred.

C. Relationship of Schedule of Expenditures of Federal Awards to Financial Statements The accompanying Schedule presents the activity of all federal financial assistance programs of the Town. Federal financial assistance received directly from federal agencies as well as federal financial assistance passed through the State of California and the County of Santa Clara is included in the Schedule.

The Schedule was prepared only from the accounts of various grant programs and, therefore, does not present the financial position or results of operations of the Town.

D. Pass-Through Entities’ Identifying Number
When federal awards were received from a pass-through entity, the Schedule shows, if available, the identifying number assigned by the pass-through entity. When no identifying number is shown, the Town determined that no identifying number is assigned for the program or the Town was unable to obtain an identifying number from the pass-through entity.

E. Indirect Costs
The Town did not elect to use the 10% de minimis indirect cost rate. 8

Town of Los Gatos
Schedule of Findings and Questioned Costs
For the year ended June 30, 2021
Section I – Summary of Auditor’s Results
Financial Statements
Types of auditors’ report issued on whether financial statements audited were prepared in accordance with GAAP: Unmodified Internal control over financial reporting:
x Material weakness(es) identified? No
x Significant deficiency(ies) identified? None noted
Any noncompliance material to the financial statements noted No Federal Awards
Internal control over major programs:
x Material weakness(es) identified? Yes
x Significant deficiency(ies) identified? None noted
Type of auditor’s report issued on compliance for major programs Qualified Any audit findings disclosed that are required to be reported in accordance with section 200.516(a) Yes
Identification of major programs:

Dollar threshold used to distinguish between type A and type B program $750,000 Auditee qualified as low-risk auditee under
section 200.520? No
9

Town of Los Gatos
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2021
Section II – Current Year Findings
No financial statement findings were noted.

Section III- Federal Award Findings and Questioned Costs Finding: 2021-001
Awarding Agency Department of the Treasury
Passed through State of California (State)
Program Coronavirus Relief Fund
AFN# 21.019
Criteria:

Per 2 CFR section 225 App. A, Paragraph C.1.d, “to be allowable under Federal awards, costs must meet the following general criteria:

Conform to any limitations or exclusions set forth in these principles, Federal laws, terms and conditions of the Federal award, or other governing regulations as to types or amounts of cost items.”
Condition:

During our audit, we noted that per the Coronavirus Relief Fund (Fund) program guidance in the Federal Register dated January 15, 2021, revenue replacement is not a permissible use of Fund payments. On April 21, 2020, the Town Council approved a waiver of rent and utilities for a set of nonprofit lessees. When preparing a listing of grant expenditures for reporting to the State, the Town chose to use their rent and utility waivers as a qualifying expenditure.

Cause:

The Town did not equivalate rental waivers and lost revenue replacement. The Town staff’s interpretation of lost revenue was understood to be unavoidable losses of revenue due to the pandemic.

Questioned Costs:

During our testing, we determined that $73,054 of federal expenditures were not allowable costs or allowable activities with total questioned costs of $94,998.

Context and Effect:

The Town was not in full compliance with neither the allowable costs and cost principles, nor the allowable activities compliance requirements of the program. 10

Town of Los Gatos
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2021
Section III- Federal Award Findings and Questioned Costs, Continued Finding: 2021-001, Continued
Recommendation:

We recommend the Town double-check for disallowed costs and activities when administering new grant programs.

Management Response:

The Town’s independent auditor has opined that the Town’s efforts to provide economic relief in the form of waivers of rent (rent forgiveness) to a number of non-profits and other entities should be considered as “lost revenue” and therefore disallowable because lost revenue is precluded as an expenditure for the CARES act . Based on the Town’s understanding of the CARES act rent forgiveness support was classified as eligible under the Small business assistance category of expenditures. As such, the Town Council opted to assist these groups by forgiving their rent (a voluntary write-off of rents due to the Town) to support these entities during the height of the pandemic. If the Federal Government determines that this cost were to be disallowed, the Town has significant other qualifying expenditures in categories such as payroll for public safety that could be substituted for the small business rental assistance.

In response to the questioned finding on waivers of rent, staff received approval from the State of California Department of Finance to re-allocate the questioned costs amount of $94,988 from business support (rent waivers) to public safety payroll. The department reviewed the Town’s submittal and on June 1, 2022 the Town received the department’s approval of the re-allocation as corrected in the State’s Corona Virus Fund Reporting worksheet.

Section IV – Prior Year Financial Statements Findings
No financial statement findings were noted.

Section V – Prior Year Findings and Questioned Costs – Major Federal Award Program Audit No findings or questioned costs were noted.
11

Finance Department • 110 E. Main St., Los Gatos, CA 95030 408.354.6828 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

CORRECTIVE ACTION PLAN

SINGLE AUDIT
FOR THE YEAR ENDED JUNE 30, 2021

CORRECTIVE ACTION PLAN
FINANCIAL STATEMENT FINDINGS ‐ CURRENT YEAR
Finding Reference Number: 2021‐
001
General Fund Financial Position (Material Weakness)
Name(s) of the contact person: Stephen Conway, Director of Finance Corrective Action Plan: Based on the Town’s understanding of the initial guidance released April 22, 2020 regarding CARES act
eligible uses, rent forgiveness support was classified as eligible under the Small business assistance category of expenditures.  As such, the Town Council opted to
assist certain  Town lessees  by forgiving their rent  (a voluntary write‐off of rents due to the Town)  to
support these  entities during the height of the
pandemic.

If the Federal government subsequently determines
that this cost were to be disallowed, the Town has
significant other qualifying expenditures in categories such as payroll for public safety that could be
substituted for the small business rental assistance.

In response to the questioned finding on waivers of
rent, staff received approval from the State of
California Department of Finance to re‐allocate the
questioned costs amount of $94,988 from business
support (rent waivers) to public safety payroll.  The
department reviewed the Town’s submittal and on
June 1, 2022 the Town received the department’s
approval of the re‐allocation as corrected in the State’s Corona Virus Fund Reporting worksheet.

Finance Department • 110 E. Main St., Los Gatos, CA 95030 408.354.6828 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

CORRECTIVE ACTION PLAN
Anticipated Completion Date: Because of significant other CARES act qualifying expenditures that can be substituted for the
questioned cost,  effective immediately the Town of
Los Gatos will refrain from claiming the Town Council
approved expense write‐offs  of rental revenues due to
the Town from lessees  as an eligible use of Federal
funds.   This decision was made under the advice from
the Town ’s independent auditor and staff’s review of
the updated discussion of eligible expenditures and
eligibility of lost revenues as was recently released in the January 15, 2021 Federal Register Department of
the Treasury Corona Relief Fund for States, Tribal
Governments, and Certain Eligible Local Governments.

PREPARED BY: Sai Kim
IT 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: 06/21/2022
ITEM NO: 5
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Three-Year Agreement with Microsoft to Purchase Software Licensing Through Dell Technologies in an Amount Not to Exceed $250,000.

RECOMMENDATION:

Authorize the Town Manager to execute a three-year agreement with Microsoft to purchase software licensing through Dell Technologies in an amount not to exceed $250,000.

BACKGROUND:

In June 2019, the Town executed a three-year Microsoft software licensing agreement which expires on June 30, 2022. A new agreement is required for the Town’s continued use of Microsoft products and secures pricing for the next three years. Payments are made annually after a license true-up assessment is made each year.

DISCUSSION:

The Microsoft software licensing agreement covers licensing for server operating systems, server management, server applications, Office 365 services, and security software on both staff accounts and in the cloud.

In accordance with the Town Purchasing Policy Section XVII regarding Cooperative Purchasing Agreements, the prices for Microsoft software license renewals are negotiated by the County of Riverside and sold by volume licensing partner Dell Technologies. Most California agencies,

PAGE 2 OF 2
SUBJECT: Dell Technologies Microsoft Software Licensing DATE: June 2, 2022
DISCUSSION (continued):
from large ones such as the Department of Motor Vehicles to small cities and special districts, use this cooperative purchasing arrangement to obtain the best prices.

The Town’s current Microsoft software licensing agreement is valid through June 30, 2022. The new agreement is a means of securing pricing for the next three years through June 30, 2025.

The annual payments may fluctuate from year to year since our license count may change over the course of a given year. The annual license true-up assessment will help determine the annual payment for the given year. Our anticipated annual payment for the first year will be $78,017.33. Dell Technologies is the vendor the Town would purchase the license through, and the agreement is with Microsoft.

An interruption in Microsoft licensing software would halt the daily computer operations of Town staff.

CONCLUSION:

Staff recommends that the Town Manager execute the new three-year Microsoft software licensing agreement through Dell Technologies in an amount not to exceed $250,000.

COORDINATION:

The Finance Department, IT, Town Attorney, and Town Manager’s Office coordinated this report.

FISCAL IMPACT:

The fiscal impact is $78,017.33 and the first year’s payment is included in the Fiscal Year (FY) 2022/23 budget. The FY 2022/23 Operating Budget anticipated the annual fees of Microsoft software licensing in the Town’s Information Technology Budget Operating Expenditures line.

Annual payments for years two and three have been sufficiently forecasted in the IT budget.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Microsoft Volume Licensing Agreement

2. Dell Technologies Estimated Quote

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Dell Customer Communication - Confidential
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

Customer
Tax ID
Program Signature Form
MBA/MBSA number
Agreement number
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document
<Choose Agreement>
Number or Code
Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
Enterprise Enrollment X20-10635
<Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Amendment M423 (New)
Amendment M97 (New)
Amendment W29 (New)
Product Selection Form 1180269.007 (New)
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Name of Entity (must be legal entity name)* Town of Los Gatos Signature*
Printed First and Last Name* Laurel Prevetti
Printed Title Town Manager
Signature Date*
* indicates required field
5-0000008412228
8084445
ATTACHMENT 1

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Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Outsourcer
Microsoft Affiliate
Microsoft Corporation
Signature Raquel Carranza
Raquel Carranza (May 24, 2022 09:17 PDT)
Printed First and Last Name Raquel Carranza
Printed Title Authorized Signer
Signature Date May 24, 2022 (date Microsoft Affiliate countersigns) Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) * indicates required field
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA

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This Enrollment must be attached to a signature form to be valid.

Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete)
Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete)
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. 69569338

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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.

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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.

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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders.

Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.

Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The thirdyear true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate

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i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.

4. Payment terms.
may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.

For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. . The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.

5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.

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Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.

For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply

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to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

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Enrollment Details

1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:

Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):

Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates

2. Contact information.

Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* Town of Los Gatos Contact name* First Sai Last Kim
Contact email address* [email protected]
Street address* 110 E. Main Street
City* Los Gatos

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State* CA
Postal code* 95030-6999
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* (408) 354-6814
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order.

Same as primary contact (default if no information is provided below, even if the box is not checked).

Contact name* First Last
Contact email address*
Street address*
City*
State*
Postal code* -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone*
Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:

Reseller company name* Dell Inc.

Street address (PO boxes will not be accepted)* One Dell Way City* Round Rock
State* TX
Postal code* 78682
Country* United States
Contact name* Government Contract Admin
Phone* 847-465-3700
Contact email address* [email protected]
* indicates required fields

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Signature*
Printed name*
Printed title*
Date*
Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact

3. Financing elections.

Is a purchase under this Enrollment being financed through MS Financing? Yes, No.

If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.

By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental

AmendmentApp v4.0 M97,M423 B

Dell Customer Communication - Confidential
Amendment ID M97
The price quoted to Enrolled Aff
submitted later than the estimated order submission date, Enrolled Aff for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled ler.

Amendment to Contract Documents
Enrollment Number
These amendments are entered into between the parties identified on the attached program signature form. They amend the Enrollment or Agreement identified above. All terms used but not defined in these amendments will have the same meanings provided in that Enrollment or Agreement.

Enterprise Enrollment (Indirect)
Invoice for Quoted Price
SKU Number SKU Description Existing Quantity Incremental quantities
7R6-00001 O365 G1 FSA GCC Sub Per
User 37
AAA-11924 O365 G3 FSA GCC Sub Per
User 174
AAD-32906 EntMobandSecE3FromSAGCC
ShrdSvr ALNG SubsVL MVL
PerUsr
216
AAA-11894 O365 G3 GCC Sub Per User 5
3GU-00001 Defender O365 P1 GCC Sub
Per User
216
9K4-00003 VisioPlan2FrmSAGCC ShrdSvr
ALNG SubsVL MVL PerUsr
7 NYH-00001 Audio Conferencing Select Dial
Out GCC Sub Add-on
216
7MS-00001 Project P3 GCC Sub Per User 2
J5U-00004 AzureprepaymentG ShrdSvr
ALNG SubsVL MVL Commit
Provision
1 5-0000008412228

AmendmentApp v4.0 M97,M423 B

Dell Customer Communication - Confidential
Enterprise Enrollment
Multiple Azure Billing Tenants Under a Single
Enrollment
Amendment ID M423

1. Definitions.
-tenant servers from
which a customer accesses Microsoft Azure Services.
identified above.
for a Tenant Affiliate under this Amendment.
c. Azure Prepayment. Each Tenant Affiliate can purchase an Azure Prepayment; however, the allocated funds for such commitment cannot be transferred between Azure Billing Tenants and Tenant Affiliates.
d. Purchasing
(i) Purchase eligibility. Billing Tenant Enrollments may only be used to purchase Microsoft Azure Services and Microsoft Azure Services Plans.
(ii) Pricing. The price for Microsoft Azure Services and Microsoft Azure Services Plans purchased under a Billing Tenant Enrollment will be based on the pricelist current as of the Billing Tenant Enrollment Effective Date. Any price adjustment to a Billing Tenant Enrollment will be applicable only to that Billing Tenant Enrollment. (iii) Initial Order. Each Billing Tenant Enrollment must include an initial order. (iv) Billing Tenant Enrollment Effective Date. The effective date of a Billing Tenant Enrollment will be the processing date of the initial order. e. Orders. Enrolled Affiliate must submit separate orders, on behalf of each Billing Tenant Enrollment. Orders shall be governed by the terms set forth in the Lead Enrollment, except as Enterprise who will access the Azure Billing Tenant that is identified in the Tenant Information Excel Form attached as an Appendix to this Amendment.

2. The parties agree to the following Billing Tenant Enrollment Terms as follows:
a. Tenant Affiliate Access and Enrolled Affiliate Obligations. Each Tenant Affiliate may access each Azure Billing Tenant and its corresponding Billing Tenant Enrollment identified in the Tenant Information Excel Form attached as an Appendix to this Amendment. Enrolled Affiliate acknowledges and agrees that: (i) it is the sole Enrolled Affiliate; (ii) it is the sole Licensee with respect to each Billing Tenant Enrollment; and, (iii) it is solely responsible for forth in the
Lead Enrollment and any subsequent amendment hereof.
b. Tenant Administrator User Credentials. Each Tenant Administrator must have its own, unique, login credential and shall manage each Azure Billing Tenant separately. No two Azure Billing Tenants may share one Tenant Administrator login credential or data object(s).

AmendmentApp v4.0 M97,M423 B

Dell Customer Communication - Confidential
Appendix Tenant Information Excel Form is attached
Except for changes made by these amendments, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in these amendments and any provision in the Enrollment or Agreement identified above, these amendments shall control.

Microsoft Internal Use Only:

This Amendment must be attached to a signature form to be valid. specified in this Amendment. Orders are not transferrable between Billing Tenant Enrollments.

Billing Tenant Enrollment acceptance and order reminders will be sent to the contact(s) identified on the Lead Enrollment only.
f. Notices Contact and Online Services Manager. Each Billing Tenant Enrollment, shall have its own Notices Contact and Online Services Manager as listed in the Tenant Information Excel Form attached as an Appendix to this Amendment. The Notices Contact and Online Services Manager is authorized to manage the Microsoft Azure Services obtained under the related Billing Tenant Enrollment.
g. The expiration date, anniversary dates, payment dates and applicable taxes for each Billing Tenant Enrollment shall be the same as in the Lead Enrollment. h. Warning: If the Online service Manager Contact is third party (not Enrolled Affiliate) please be aware that this contact receives personally identifiable information of the Customer and it Affiliates.

This Amendment must be attached to a signature form and accompanies by the Tenant Information Excel Form to be valid. The Number of Tenant (s) listed in the Tenant Information Excel form file is:1
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
WW)(ENG)(Oct2020)(IU).docx
M97 B
(M423)EnrMultiTenant(MultipleAzureBillingTe
nantsUnderASingleEnrollment)(WW)(ENG)(M
ar2022)(IU).docx
M423 PLSS

EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O

Dell Customer Communication - Confidential
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box. <Choose Enrollment>
Sub 250 Program
Amendment ID W29
<choose> Number
This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.

The parties agree that the Enrollment is amended as follows:

1. On the first page of the Enrollment, the following is added after the second paragraph:

By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee.

The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement.

2. Section 2a of the Enrollment titled “Order Requirements”, is hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of 25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. (v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services.

3. Software Assurance renewal.

EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
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O

Dell Customer Communication - Confidential
This Amendment must be attached to a signature form to be valid.

By checking the above box, a new section is added to the Enrollment entitled “Software Assurance Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License.

Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect.

Program License ID Number Expiration Date
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control.

Enterprise Enrollment Product Selection Form
CTM
EA-EASProdSelForm(WW)(ENG) Page 1 of 2
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1180269.007
NOTES
Proposal ID Enrollment Number
Language: English (United States)
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:

Profile Qualified
Devices Qualified Users Device / User Ratio Enterprise Product Platform CAL Licensing Model Enterprise 216 216 1.0 No User Licenses
Products Enterprise Quantity
Office 365 Plans
O365 G1 GCC FromSA 37
O365 G3 GCC FromSA 174
O365 G3 GCC 5
Enterprise Mobility and Security (EMS)
Enterprise Mobility and Security GOV 216
Price Group 1 2 3 4
Enterprise Products Office Professional Plus + M365
Apps for Enterprise + Office 365
(Plans E3 and E5) + Microsoft
365 Enterprise
Client Access License +
Office 365 (Plans E1, E3
and E5) + Microsoft 365
Enterprise
Client Access License
+ Windows Intune +
EMS USL + Microsoft
365 Enterprise
Win E3 + Win E5 +
Win VDA + Microsoft
365 Enterprise
Quantity 179 216 216 0
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D

Enterprise Enrollment Product Selection Form
CTM
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Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below:

Quantity of Licenses and Software Assurance Price Level 2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.

Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price Addendum pricing provision for more details on price leveling.

Town of Los Gatos
Quote Number:1180269.007

W0;PLSS0;B9;G0;Y0;R0;TL0;P0;BD0;BL0;BDSL0;BM0;BE0;E0;BV0;BDGM0;BOGM0 MS Quote Dell Customer Communication - Confidential

Dell Customer Communication - Confidential#
Customer: Town of Los Gatos
Dell Microsoft Licensing Specialist: Sam Andrews, [email protected] Date of Issue: 5/31/2022
Quote expiration: 6/25/2022
Master Agreement: 8084445
Enrollments
EA Renewal
Alternate Config
(annual)
3-year Total of
Payments
(TBD) - effective 7/1/2022 $78,017.33 $234,051.99
ATTACHMENT 2

EA Renewal - Year 1 Installment Quote
Program
Part
Number Item Description Monthly Unit Price
Annual Unit
Price Quantity Extended Price
Annual Pricing
Enterprise Agreement AAD-32906 EntMobandSecE3FromSAGCC ShrdSvr ALNG SubsVL MVL PerUsr $ 6.56 $ 78.72 216 $ 17,003.52 Enterprise Agreement 7R6-00001 O365GCCE1FromSA ShrdSvr ALNG SubsVL MVL PerUsr $ 5.76 $ 69.12 37 $ 2,557.44 Enterprise Agreement AAA-11894 O365GCCE3 ShrdSvr ALNG SubsVL MVL PerUsr $ 19.25 $ 231.00 5 $ 1,155.00 Enterprise Agreement AAA-11924 O365GCCE3fromSA ShrdSvr ALNG SubsVL MVL PerUsr $ 16.35 $ 196.20 174 $ 34,138.80 $ -
Enterprise Agreement 9GS-00130 CIS Suite Datacenter Core ALng SA 16L $ 1,307.63 7 $ 9,153.41 Enterprise Agreement 9GA-00310 CIS Suite Standard Core ALng SA 16L $ 277.80 5 $ 1,389.00 Enterprise Agreement 312-02257 ExchgSvrStd ALNG SA MVL $ 125.22 1 $ 125.22 Enterprise Agreement 359-00961 SQLCAL ALNG SA MVL UsrCAL $ 33.58 160 $ 5,372.80 Enterprise Agreement 228-04433 SQLSvrStd ALNG SA MVL $ 144.34 3 $ 433.02 Enterprise Agreement 6VC-01254 Win Remote Desktop Services CAL ALng SA UCAL $ 23.30 64 $ 1,491.20 Enterprise Agreement 3GU-00001 Defender O365 P1 GCC Sub Per User $ 1.49 $ 17.88 216 $ 3,862.08 Enterprise Agreement NYH-00001 Audio Conferencing Select Dial Out GCC Sub Add-on $ - $ - 216 $ - Enterprise Agreement 7MS-00001 Project Plan3 GCC Shared All Lng Subs VL MVL Per User $ 22.34 $ 268.08 2 $ 536.16 Enterprise Agreement 9K4-00003 VisioPlan2FrmSAGCC ShrdSvr ALNG SubsVL MVL PerUsr $ 9.52 $ 114.24 7 $ 799.68 Enterprise Agreement J5U-00004 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision $ - $ - 1 $ - You will be billed monthly in arrears for any Azure usage the prior month Year-1 Price (due July 2023) $ 78,017.33
Town of Los Gatos
Enterprise Online Services Subscriptions
Additional Products
Additional Products Subscriptions
Additional Products Tenant ID: Azure-GOV

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/21/2022
ITEM NO: 6
DATE: June 16, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Consultant Services with Monarch Consulting to Provide Services as Arborist Consultant to the Town.

RECOMMENDATION:

Authorize the Town Manager to execute an Agreement for Consultant Services with Monarch Consulting to provide services as Arborist Consultant to the Town.

BACKGROUND:

In 2017, the Town Council approved a contract with Monarch Consulting to serve as Arborist Consultant to the Town. Since that time, the arborist peer review consultant process continues to be a successful component of the planning process.

The Town distributed a Request for Qualifications in March 2022 and received six proposals from: Monarch Consulting (Attachment 1); Walter Levison; Lucchesi Plant and Soil Consulting; Doug Anderson; Davey Resource Group; and Dudek. Staff determined that Walter Levison and Monarch Consulting were the most qualified to serve as Arborist Consultants to the Town, based on the quality of the proposals and past services provided. Please see separate report for this Council agenda regarding Walter Levison.

DISCUSSION:

The Consulting Arborist reviews tree impacts relative to development proposals, prepares arborist reports, provides peer review of arborist reports submitted by applicants, and makes recommendations to Town staff for the preservation and maintenance of trees. Typical tasks that the Consulting Arborist may provide include the following:

PAGE 2 OF 4
SUBJECT: Consulting Arborists: Monarch Consulting
DATE: June 16, 2022
DISCUSSION (continued):
 Conducting site visits and inspections as needed;
 Evaluating proposed tree removals and impacts associated with development proposals;  Reviewing proposed tree removals for compliance with the Town’s Tree Preservation Ordinance;
 Preparing arborist reports for development proposals;  Conducting peer review of arborist reports submitted by applicants;  Meeting with Town staff and/or applicants as needed; and  Attending public hearings as needed.

Optional work may include the following:
 Review of landscape plans for commercial and Planned Development projects and  Review of landscape plans for compliance with Wildland Urban Interface (Very High Fire Hazard Areas) standards.

CONCLUSION:

Monarch Consulting was determined to be among the best candidate firms to continue serving as one of the Town’s Consulting Arborists for the following reasons:
 Extensive knowledge of site analysis and preparation of reports for proposed development projects and
 Experience working with the Town of Los Gatos.

COORDINATION:

The draft Agreement for Consultant Services (Attachment 2) was prepared in coordination with the Town Attorney.

FISCAL IMPACT:

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

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

An administrative fee of 10 percent is also charged by the Town. The purpose of the administrative fee is to reimburse the Town’s cost of administering the peer review.

ENVIRONMENTAL ASSESSMENT:

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

PAGE 3 OF 4
SUBJECT: Consulting Arborists: Monarch Consulting
DATE: June 16, 2022
Attachments:

1. Monarch Consulting Proposal

2. Draft Agreement for Consulting Services

This Page
Intentionally
Left Blank

Request for Qualifications
Prepared for:

Jennifer Armer
and
The Town of Los Gatos
March 28, 2022
Prepared By: Richard Gessner
ASCA - Registered Consulting Arborist ® #496
ISA - Board Certified Master Arborist® WE-4341B
© Copyright Monarch Consulting Arborists LLC, 2022
ATTACHMENT 1

Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Table of Contents
Statement of Interest............................................................................................1 Introduction...........................................................................................................1 Executive Summary..............................................................................................2 Experience.............................................................................................................3 Qualifications........................................................................................................3 Organization..........................................................................................................6 Project Approach..................................................................................................6 Public Meetings ....................................................................................................7 Sample Reports ....................................................................................................8 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 March 28, 2022
Town of Los Gatos
Community Development Department
Planning Division
Attn: Jennifer Armer
110 E. Main Street
Los Gatos, CA 95030
Regarding: Request for qualifications to serve as a Consulting Arborist for the Town of Los Gatos.

Statement of Interest
I have been contracted by the Town since 2017 to provide the requested consulting services. I am interested in providing arboricultural consulting services for the Town of Los Gatos to provide reports, peer review, and to make recommendations for the preservation, safety, and health of trees in the town’s urban forest.

Introduction
My name is Richard Gessner and I have been an ISA (International Society of Arboriculture) Certified Arborist since 1999, ISA Board Certified Master Arborist® since 2008, and an ASCA (American Society of Consulting Arborists) Registered Consulting Arborist® since 2010. For more than twenty years I have worked as an arborist for two national tree care companies, the electric utility, and have operated my own consulting business since 2010. My broad experience provides me with insight into the many challenges in various roles as a professional arborist.

Amongst other assignments since 2010 I have provided more than hundreds of arborist’s reports and tree protection plans related to development projects around the Silicon Valley and beyond.

Aside from my professional experience I am a past President of the Western Chapter ISA, on the Board of Directors of the Britton Fund, Inc. nonprofit organization that provides research and educational opportunities in the field of arboriculture in California, Arizona, Nevada and Hawaii.

For the past five years I have been the voting representative for ASCA on the Accredited Standards Committee (A300 ) whose mission is to develop consensus performance standards based on current research and sound practice for writing specifications to manage trees, shrubs, and other woody plants, the tree care industry’s ANSI A300 Standards and Limitations.

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Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Executive Summary
Situation Appraisal
The Town of Los Gatos protects all trees with a trunk diameter greater than (4) four inches at (54) fifty-four inches above grade on vacant or underdeveloped lots and those requiring planning/zoning review. Because trees are of significant value to the Town of Los Gatos and the surrounding communities it is important to obtain accurate and relevant information regarding the preservation, safety, and protection of the existing urban forest.

Objectives:
• Evaluate tree resources with regard to planning, design, and impact though construction and post construction activity.
• Provide advice regarding tree removal, retention, mitigation, and preservation. • Identify trees suitable for preservation while addressing the need to remove and provide mitigation for those unsuitable to retain.

Measures of success:
• Long term urban forest preservation with minimal impact on valuable trees within the community.
• Maintaining the environmental and aesthetic benefits derived from trees retained during site development.
• Growing an urban forest for the future with proper tree selection regarding desired contribution, placement, and species selection.

Value to the Town of Los Gatos and Community:
• Long term tree preservation solutions to help ensure desired aesthetic and functional contributions the trees will provide to the community.
• Reduced safety and financial risk to property owners and the community from appropriate tree retention and removal.
• Reduced delays in the planning process by providing adequate information regarding tree preservation in a timely manner.
• Increased property values.

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Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Experience
As the incumbent consultant I have been involved with more than fifty different projects solely for the Town of Los Gatos since 2017. I am familiar with the needs of planning and the hillside design guidelines regarding trees and screening of proposed properties.

Qualifications
Listed below are three references familiar with my work product regarding pre-development assessments and municipal planning, tree protection type reports, and urban forest initiative assignments. The Town’s planning department including Erin Walter, Sean Mullin, Ryan Safty, and Jocelyn Shoopman along with Arborist Rob Moulden are also familiar with my work and expertise.

Ed Lambing - Director of Engineering
San Jose Water Company
1265 S. Bascom Avenue
San Jose, CA 95128
408.279.7889
Various projects over the past five years.

Evans Right of Way, Bainter Ave Right of
Way, Saratoga Hills Tank Replacement,
Vickery in ground reservoir renovation,
Overlook Road Tank and Pump replacement.

Matthew Fried
Managing Arborist
City of San Mateo
[email protected]
(650) 522-7422
Mr. Fried has both contracted me to help with
city urban forest initiatives and reviewed
many of my reports over the years.

Robert Siudzinski
City Arborist
City of Campbell | Public Works Department
70 N. First Street
Campbell, CA 95008
Mr. Siudzonski has also contracted me to help
with city urban forest initiatives and reviewed
many of my reports over the years.

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Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Neither I nor my organization have been the subject of a lawsuit or any type of legal action other than participating in cases as an expert witness.

Curriculum Vitae for Richard Gessner
Education
Attended the University of Oregon from 1995 to 1997
Major coursework focussed on Environmental Studies and Anthropology Current Professional Licenses and Certifications
• Registered Consulting Arborist® #496 American Society of Consulting Arborists - current • Board Certified Master Arborist® WE-4341B International Society of Arboriculture - current Professional Development
• Past President of the Western Chapter International Society of Arboriculture 2018 • The Britton Fund, Inc. Director on the Board of Directors 2015-2022 (Current) • ASCA Representative for ANSI A300 Standards Committee ASC A300 Member - Current 2016- 2022 TCIA.
• International Society of Arboriculture annual leadership conference - October 2014. • Coach at the 2013 ASCA Consulting Academy
• Graduated from ASCA Consulting Academy 2010
• Graduated from Dale Carnegie Sales Advantage Course 2005 • Attended various local tree care and pest management workshops over the past 20 years • Speaker for Pesticide Applicators Professional Association (PAPA) various topics.

Professional Experience
Owner/Consulting Arborist for Monarch Consulting Arborists LLC Monarch Consulting Arborists LLC, P.O. Box 1010, Felton, CA 95018 Owner and founder of Monarch Consulting Arborists LLC - November 2010 to present • Provide expert assessments regarding the care and management of trees and our urban forest.

Awards
Western Chapter ISA Lifetime Membership, 2018
Western Chapter ISA Presidents Award, 2020
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Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Business Developer for Tree Care Services
ValleyCrest Landscape Companies, Inc, California, San Jose, CA April 2007 - November 2010 • Manage day to day operations including sales and account management • Sell and Estimate tree care services in a designated territory for primarily commercial clients • Prospect for new clients using sales techniques and arboricultural consultation • Build lasting relationships with existing clients and market services to new prospects • Schedule crews and field support to ensure profitable outcome • Draft work orders to instruct crew to perform key elements of each job to insure complete customer satisfaction
• Customer follow up and dispute resolution as needed
• Assist with crew training and safety
Arborist Representative/Selling Arborist
The F.A. Bartlett Tree Expert Company, Stamford Connecticut, San Jose, CA January 2001- April 2007
• In charge of day to day operations including sales, marketing, safety and regulatory responsibilities.
• Act as a consultant for clients and allied businesses • Develop and implement tree management programs and plant health care (IPM) programs using the safest and most up to date techniques
• Supervise work performed ensuring jobs are performed and completed per the contract • Responsible for crews’ adherence to all safety regulations including OSHA and ANSI Standards
Consulting Utility Forester to Pacific Gas and Electric Co.

Western Environmental Consultants Inc. Oakland CA, January 1998 to August 1999 • Survey properties to determine fire hazards and secure permission for tree work • Document information for vegetation management program to mitigate fire danger • Support relationships with public and private agencies and obtain necessary permits • Resolve customer complaints and concerns
Memberships
• American Society of Consulting Arborists (ASCA)
• International Society of Arboriculture (ISA)
• Western Chapter International Society of Arboriculture (WCISA) Publications
Limitations of Root Pruning, Western Arborist, Spring 2018 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 5

Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Organization
I, Richard Gessner, am the sole staff that would perform the services requested and am the only employee of my business. I can typically perform the required services with some advanced notice. Site visits and on-site assessments can be performed with 72 hours notice and written reports can be expected within 14 days after the initial assessment. Time constraints would consist of required expert witness testimony or planned vacations. Time is always of the essence and projects can be expedited within reason if necessary.

Project Approach
Below is the typical project approach for pre-development assessments including three phases which are as follows: planning, protection, and construction. Listed below is the typical assignment for such a project:

Phase 1: Provide an arborist’s report that includes an assessment of the trees within the project area. The assessment is to include the species, size (trunk diameter/circumference), condition (health and structure), and suitability for preservation.

The report will contain findings and recommendations, tables with tree information, photographs, and locations placed on a map if required. Trees will have aluminum number tags affixed to them for on site identification and report reference.

Provide construction influence ratings for the trees that will be affected by the project.

Phase 2: Provide a tree protection plan for trees to be retained. Establish tree protection zone distances and critical root zone distances along with requirements for preservation during preconstruction, construction, and post construction care.

Tree protection fencing and distances can be placed on a map provided if necessary.

Phase 3: Monitor construction activity to provide observations and recommendations for care as on-site conditions change and unexpected impacts that may occur. Provide construction monitoring field forms and photos as required.

Project issues: Changes in design that create greater conflict than first anticipated. Grading, drainage, utility, and landscape changes. Unanticipated basement over-excavations. Water to site cut off. Tree protection fence removed.

Resolutions: Contact the project manager and authority of jurisdiction regarding the changes or violations of conditions of approval. Provide appropriate mitigation measures to rectify the issues in a timely manner.

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Consulting Arborist - Richard Gessner Consulting Arborist RFQ March 28, 2022 Public Meetings
Peer Review: Site visit would be approximately one hour, review of report and plans one hour, and formal response to review one hour. Three to four hours total for a peer review.

Fee estimate: $825.00 to $1650,00
Site investigation and reports: A typical residential site visit and report would be one to three hours for the site visit, inventory, and assessment. Plan review and report generation can be between three and eight hours depending on the complexity of the assignment.

Fee estimate: $1,100 to $4,400.00
Special studies: Special studies would need to be investigated with no reference to plan scope or time and cannot be estimated from a time standpoint.

Fee estimate: unknown
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Tree Inventory, Assessment,
and
Protection Report
32 Walnut Avenue
Los Gatos, CA 95032
Prepared for:

Town of Los Gatos
January 26, 2021
Prepared By:

Richard Gessner
ASCA - Registered Consulting Arborist ® #496
ISA - Board Certified Master Arborist® WE-4341B

4 Glen Ridge Avenue Tree Inventory, Assessment
and Protection Report
January 26, 2021
Table of Content
Summary ...............................................................................................................1 Introduction...........................................................................................................1 Background ............................................................................................................1 Assignment.............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report................................................................................2 Observations.........................................................................................................2 Tree Inventory .........................................................................................................2 Analysis .................................................................................................................4 Discussion.............................................................................................................5 Condition Rating.....................................................................................................5 Suitability for Conservation ....................................................................................6 Expected Impact Level...........................................................................................6 Tree Protection .......................................................................................................7 Conclusion ............................................................................................................7 Recommendations ...............................................................................................8 Bibliography ..........................................................................................................9 Glossary of Terms...............................................................................................10 Appendix A: Tree Inventory Map and Site Plan................................................12 A2: Site Plan ........................................................................................................13 Appendix B: Tree Inventory and Assessment Tables ......................................14 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

4 Glen Ridge Avenue Tree Inventory, Assessment
and Protection Report
January 26, 2021
Appendix C: Photographs..................................................................................16 C1: Blue Spruce #277 ..........................................................................................16 C2: Douglas-fir #286 ............................................................................................17 C3: Douglas-fir 293 ..............................................................................................18 C4: Douglas-fir #287 (deformed root collar).....................................................19 C5: Coast redwood #290 .....................................................................................20 Appendix D: Tree Protection Guidelines...........................................................21 D1: Plan Sheet Detail S-X (Type I) ........................................................................21 D2: Plan Sheet Detail S-Y (Type III) ......................................................................22 D3: Section 29.10.1005. - Protection of Trees During Construction ....................23 Tree Protection Zones and Fence Specifications.................................................23 All persons, shall comply with the following precautions.....................................24 Prohibited Activities..............................................................................................24 Monitoring ............................................................................................................25 Root Pruning.........................................................................................................25 Boring or Tunneling...............................................................................................25 Tree Pruning and Removal Operations.................................................................25 Appendix E: Tree Protection Signs....................................................................26 E1: English............................................................................................................26 E2: Spanish...........................................................................................................27 Qualifications, Assumptions, and Limiting Conditions...................................28 Certification of Performance.............................................................................29 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Summary
The plans are to tear down the existing structure and build a new residence with a garage in the back. Three coast redwoods are indicated as to be retained and preserved. The inventory contains 18 trees comprised of 9 different species. One coast redwood (Sequoia sempervirens) is considered Large Protected and nine trees fruit are Exempt. Four trees are in good condition, nine fair, and five poor. There are some large trees on the site that are in fair or poor shape including Douglas-firs (Pseudotsuga menziesii) #286, #287, #293, and #294. These large specimens have some defects that could pose safety issues under new site occupancy. Three coast redwoods are indicated to be retained and preserved #290, #291, and #292 but only #290 could realistically be preserved based on the plans. The issues impacting the two trees to be preserved are the basement and required over-excavation along with the detention basin adjacent to the trees. Tree protection fence and irrigation will need to be placed around coast redwood #290. The plans
indicate a Type III (trunk protection only) protection scheme around trees #291 and #292, but the grading and excavation around these trees may be detrimental without more detail.

Introduction
Background
The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.

Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.
• Provide appraised values using the Trunk Formula Technique.

Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on January 8, 2021. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.

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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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January 26, 2021
• The plans reviewed for this assignment were as follows (Table 1)
Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a
reference for existing tree conditions to help satisfy planning requirements.

Observations
Tree Inventory
The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on
neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).

The plans are to tear down the existing structure and build a new residence with a garage in the back of the site. Three coast redwoods are indicated as to be retained and preserved. There is an arborist’s report pasted to the T-1 sheet but it does not meet the required criteria to be accepted by the Town for the purposes of the project.

Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
June 2020 C-2.0 Yes Wilson Land
Surveyors
Proposed Site
Plan
10/23/20 C4.0 Yes Metro Design
Group
Erosion
Control
N/A
Grading and
Drainage
10/23/20 C4.0 Yes Metro Design
Group
Utility Plan
and Hook-up
locations
Exterior
Elevations
Landscape
Plan
No
Irrigation Plan No
T-1 Tree
Protection
Plan
10/23/20 T-1 Yes Metro Design
Group
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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The inventory contains 18 trees comprised of 9 different species (Chart 1). One coast redwood is considered Large Protected and nine 1 fruit trees are Exempt .2
Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).

A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). 2 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 3 of 29
Quantity

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Analysis
Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)).

The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00.

The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report.

Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests).

There were 18 trees appraised for a rounded depreciated value of $57,770.00.

Appraisal worksheets are available upon request
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.
• 100% - Exceptional = Good health and structure with
significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.

Four trees are in good condition, nine fair, and five poor (Chart 1). There are some large trees on the site that are in fair or poor shape including Douglas-firs #286, #287, #293, and #294.

These large specimens have some defects that could pose safety issues under new site occupancy.

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Quantity

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Suitability for Conservation
A tree’s suitability for preservation is determined based on Functional and External Limitations (ISA, 2019). 3
• Good = Trees with good health, structural stability and longevity.
• Fair = Trees with fair health and/or structural defects that may be mitigated through treatment. These trees require more intense management and monitoring, and may have shorter life spans than those in the good category.
• Poor = Trees in poor health with significant structural defects that cannot be mitigated and will continue to decline
regardless of treatment. The species or individual may
possess characteristics that are incompatible or undesirable in landscape settings or unsuited for the intended use of the site.

Three trees have good suitability for preservation while fifteen are poorly suited for retention. Trees with good suitability include coast redwoods #290, #291, and #292 along the north side. The most significant tree on the lot is the centrally located Douglas-fir #286 with fair suitability due to size, location, and longevity in an urban setting. The other Douglas-fir are not suitable for retention but one of those trees may originate on the adjacent site (#294).

Expected Impact Level
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree.
• Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.

Three coast redwoods are indicated to be retained and
preserved #290, #291, and #292 but only #290 could
realistically be preserved based on the plans. The issues impacting the two trees to be preserved are the basement excavation and required over-excavation along with the
detention basin adjacent to the trees.

Functional Limitations are based on factors associated with the tree’s interaction to its planting site affecting plant condition, limiting plant 3 development, or reducing the utility in the future and include genetics, placement, and site conditions for the individual tree (ISA, 2019). External Limitations are outside the property, out of control of the owner and also affect plant condition, limit plant development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests) (ISA, 2019).

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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Tree Protection
Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. Tree protection focuses on avoiding damage to the roots, trunk, or scaffold branches (Appendix D). The most current accepted method for determining the TPZ is to use a formula based on species tolerance, tree age/vigor, and trunk diameter (Matheny, N. and Clark, J. 1998) (Fite, K, and Smiley, E. T., 2016). Preventing mechanical damage to the trunk from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or using vertical timbers (Appendix D).

Tree protection fence and irrigation will need to be placed around coast redwood #290 at a radius of 6 to 8 times the trunk diameter.

The plans indicate a Type III (trunk protection only) protection scheme around trees #291 and #292 but the grading and excavation around these trees may be detrimental. This type of protection and retention of these trees will need to be further explored.

Conclusion
The plans are to tear down the existing structure and build a new residence with a garage in the back. Three coast redwoods are indicated as to be retained and preserved. There is an arborist’s report pasted to the T-1 sheet but it does not meet the required criteria to be accepted by the Town for the purposes of the project. The inventory contains 18 trees comprised of 9 different species. One coast redwood is considered Large Protected and nine trees are Exempt. Four trees are in good condition, nine fair, and five poor. There are some large trees on the site that are in fair or poor shape including Douglas-firs #286, #287, #293, and #294. These large specimens have some defects that could pose safety issues under new site occupancy. Three coast redwoods are indicated to be retained and preserved #290, #291, and #292 but only #290 could realistically be preserved based on the plans. The issues impacting the two trees to be preserved are the basement and required over-excavation along with the detention basin adjacent to the trees. Tree protection fence and irrigation will need to be placed around coast redwood #290 at a radius of 6 to 8 times the trunk diameter distance. The plans indicate a Type III (trunk protection only) protection scheme around trees #291 and #292, but the grading and excavation around these trees may be detrimental without more detail.

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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Recommendations

1. Place tree numbers and tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans. Update the T-1 plan sheet to reflect the tree numbers provided in Appendix A and B of this report. The report by Urban Tree Management should be removed from this plan sheet as it does not contain any protection specifications or Town requirements.

2. Provide the extent of excavation for the basement, light well, and the stormwater detention pond to obtain a better understanding or feasibility of retaining coast redwoods #291 and #292.

3. Verify ownership of #294 which appears off property.

4. Place tree protection fence around coast redwood #290 at a radius of 25 to 33 feet (6x to 8x the trunk diameter). Install temporary irrigation or soaker hoses in the tree protection zone and provide supplemental watering during construction. Monitor watering times or amounts to ensure adequate soil saturation. (A 5/8” soaker hose requires about 200 minutes to deliver one inch of water to a garden. This number is affected by the length of the hose and the overall rate of flow from the faucet. A good rule of thumb is to expect about ½ GPM as a standard faucet flow rate.). Infrequent deeper watering is preferred and could be as much as 500 gallons per soaking.

5. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.

6. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document.

7. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Bibliography
American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH:

Secretariat, Tree Care Industry Association, 2019. Print.

Fite, Kelby, and Edgar Thomas. Smiley. Managing trees during construction, second edition. Champaign, IL: International Society of Arboriculture, 2016.

ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print.

ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print.

ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development.

Bedminster, PA: International Society of Arboriculture 1998.

Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017.

Print
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Glossary of Terms
Basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation.

Cost Approach: An indication of value by adding the land value to the depreciated value of improvements.

Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.

Diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture.

Drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown.

Form: describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management.

Health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease.

Mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches.

Scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree.

Straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials,
and have an average weight of 35 pounds.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 10 of 29

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Structural evaluation: focused on the crown, trunk, trunk flare, above ground roots and the site conditions contributing to conditions and/or defects that may contribute to failure.

Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development.

Tree Risk Assessment: Process of evaluating what unexpected things could happen, how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees.

Trunk: Stem of a tree.

Trunk Formula Technique: Method to appraise the monetary value of trees considered too large to be replaced with nursery or field grown stock. Based on developing a representative unit cost for replacement with the same or comparable species of the same size and in the same place, subject to depreciation for various factors. Contrast with replacement cost method.

Volunteer: A tree, not planted by human hands, that begins to grow on residential or commercial property. Unlike trees that are brought in and installed on property, volunteer trees usually spring up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 11 of 29

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Appendix A: Tree Inventory Map and Site Plan
Inventory map with number locations taken from the existing topographic survey.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 12 of 29
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
A2: Site Plan
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 13 of 29
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ZĞƐƉĞĐƚĨƵůůLJ͕   

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
Appendix B: Tree Inventory and Assessment Tables
Table 3: Inventory and Assessment Summary
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Suitability Expected
Impact
Protection
Status
Rounded
Depreciated
Value
blue spruce (Picea pungens) 277 16 20 Fair Poor High No $1,410.00 English walnut (Juglans regia) 278 16 25 Fair Poor High Exempt $1,410.00 apple (Mallus domestica) 279 9 20 Poor Poor Low Exempt $490.00 tangerine (Citrus reticulata) 280 10 15 Poor Poor High Exempt $560.00 guava (Acca sellowiana) 281 4 15 Fair Poor High Exempt $150.00 guava (Acca sellowiana) 282 10, 4 15 Fair Poor High Exempt $1,130.00 plum (Prunus sp.) 283 5 15 Fair Poor High Exempt $230.00 plum (Prunus sp.) 284 3, 3, 3 15 Fair Poor High Exempt $230.00 plum (Prunus sp.) 285 5, 2 15 Fair Poor High Exempt $340.00 Douglas-fir (Pseudotsuga
menziesii)
286 47 55 Fair Fair High No $9,800.00
Douglas-fir (Pseudotsuga
menziesii)
287 37 55 Poor Poor High No $3,630.00
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Japanese maple (Acer
palmatum)
288 2.2 10 Good Poor High No $60.00
plum (Prunus sp.) 289 8 15 Fair Poor High Exempt $600.00 coast redwood (Sequoia
sempervirens)
290 50 30 Good Good High Yes $15,500.00
coast redwood (Sequoia
sempervirens)
291 25 30 Good Good High No $3,870.00
coast redwood (Sequoia
sempervirens)
292 37 30 Good Good High No $8,500.00
Douglas-fir (Pseudotsuga
menziesii)
293 43 30 Poor Poor High No $4,900.00
Douglas-fir (Pseudotsuga
menziesii)
294 20 30 Poor Poor High No $1,060.00
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Suitability Expected
Impact
Protection
Status
Rounded
Depreciated
Value
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Appendix C: Photographs
C1: Blue Spruce #277
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C2: Douglas-fir #286
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C3: Douglas-fir 293
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#293 #294
#292
#291

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C4: Douglas-fir #287 (deformed root collar)
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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C5: Coast redwood #290
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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Appendix D: Tree Protection Guidelines
D1: Plan Sheet Detail S-X (Type I)
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TREE PROTECTION
Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.
4'-0"
Maintain existing
grade with the tree
protection fence
unless otherwise
indicated on the
plans.
2" x 6' steel posts
or approved equal.

Tree Protection
fence: High density
polyethylene fencing
with 3.5" x 1.5"
openings; Colororange. Steel posts
installed at 8' o.c.
5" thick
layer of mulch.

Notes:
1- See specifications for additional tree
protection requirements.
2- If there is no existing irrigation, see
specifications for watering requirements.
3- No pruning shall be performed except
by approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- See site preparation plan for any
modifications with the Tree Protection
area.

SECTION VIEW

KEEP OUT
TREE

PROTECTION
AREA

8.5" x 11"
sign
laminated in
plastic spaced
every 50'
along the
fence.

URBAN TREE FOUNDATION ‹

OPEN SOURCE FREE TO USE
Tree protection
fence: Fencing shall
be comprised of sixfoot high chain link
mounted on eightfoot tall, 1 7/8-inch
diameter galvanized
posts, driven 24
inches into the
ground.

Minimum 4” thick
mulch layer
Crown diameter drip line distance equal to the outer most limit of foliage. Notes:
• All tree maintenance and care shall be
performed by a qualified arborist with a
C-61/D-49 California Contractors
License. Tree maintenance and care
shall be specified in writing according to
American National Standard for Tree
Care Operations: Tree, Shrub and Other
Woody Plant Management: Standard
Practices parts 1 through 10 and adhere
to ANSI Z133.1 safety standards and
local regulations.
• All maintenance is to be performed
according to ISA Best Management
Practices.

Notes:

The Tree Protection Zone
(TPZ) may vary in radius
from the trunk and may or
may not be established at
the drip line distance.

See arborist’s report and
plan sheet for
specifications of TPZ
radii.
6’-0”
Modified by Monarch Consulting
Arborists LLC, 2019

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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D2: Plan Sheet Detail S-Y (Type III)
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3. 4.

5. 1" = 20'
RTH

SECTION

TREE TRUNK
š675$:

FILLED BURLAP

WATTLES

TREE PROTECTION WITHOUT FENCE
3/8" = 1'-0"
4'-0"

ROOT PROTECTION
ZONE. SEE SPECS FOR

REQUIREMENTS
1 SECTION VIEW
TRUNK PROTECTION WITH WATTLE S-Y 6’-0”

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
and Protection Report
January 26, 2021
D3: Section 29.10.1005. - Protection of Trees During Construction Tree Protection Zones and Fence Specifications

1. Size and materials: Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base.

2. Area type to be fenced: Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches.

3. Duration of Type I, II, III fencing: Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence.

4. Warning Sign: Each tree fence shall have prominently displayed an eight and one-half-inch by eleven-inch sign stating: "Warning —Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025.” Text on the signs should be in both English and Spanish (Appendix E).

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All persons, shall comply with the following precautions

1. Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction.

2. Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director.

3. Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.

4. Prohibit the attachment of wires, signs or ropes to any protected tree.

5. Design utility services and irrigation lines to be located outside of the dripline when feasible.

6. Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits.

7. The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.

Prohibited Activities
The following are prohibited activities within the TPZ:
• Grade changes (e.g. soil cuts, fills);
• Trenches;
• Root cuts;
• Pedestrian and equipment traffic that could compact the soil or physically damage roots; • Parking vehicles or equipment;
• Burning of brush and woody debris;
• Storing soil, construction materials, petroleum products, water, or building refuse; and, • Disposing of wash water, fuel or other potentially damaging liquids.

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Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.

The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.

Root Pruning
Roots greater than two inches in diameter shall not be cut. When roots over two inches in diameter are encountered and are authorized to be cut or removed, they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.

Boring or Tunneling
Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep.

Tree Pruning and Removal Operations
All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Treatment, including pruning, shall be specified in writing according to the most recent ANSI A-300A Standards and Limitations and performed according to ISA Best Management Practices while adhering to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through.

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Appendix E: Tree Protection Signs
E1: English
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Warning
Tree Protection Zone
This Fence Shall Not Be Removed
And Is Subject To Penalty According To
Town Code 29.10.1025

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January 26, 2021
E2: Spanish
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Cuidado
Zona De Arbol Pretejido
Esta valla no podrán ser sacados
Y está sujeta a sanción en función de
Código Ciudad del 29.101025

32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.

Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.

The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.

This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.

Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.

Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.

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32 Walnut Avenue, Los Gatos Tree Inventory, Assessment
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Certification of Performance
I Richard Gessner, Certify:

That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated within the report.

That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.

Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2021, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.

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Tree Inventory, Assessment,
and
Protection Report
104 Angel Court, Los Gatos
Los Gatos, CA 95032
Prepared for:

Town of Los Gatos
August 18, 2021
Prepared By:

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Table of Content
Summary ...............................................................................................................1 Introduction...........................................................................................................1 Background ............................................................................................................1 Assignment.............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report................................................................................2 Observations.........................................................................................................2 Tree Inventory .........................................................................................................2 Plans.......................................................................................................................2 Analysis .................................................................................................................4 Discussion.............................................................................................................5 Condition Rating.....................................................................................................5 Expected Impact Level...........................................................................................6 Mitigation for Removals..........................................................................................7 Tree Protection .......................................................................................................8 Conclusion ............................................................................................................8 Recommendations ...............................................................................................9 Bibliography ........................................................................................................10 Glossary of Terms...............................................................................................11 Appendix A: Tree Inventory Map and Site Plan................................................13 Appendix B: Tree Inventory and Assessment Tables ......................................14 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Appendix C: Photographs..................................................................................16 C1: Area where the driveway will extend into the landscape...............................16 C2: Trees in the footprint of the proposed ADU (590 and 591) ............................17 C3: Slope where driveway comes up to ADU ......................................................18 C5: Trees adjacent to driveway ............................................................................19 Appendix D: Tree Protection Guidelines...........................................................20 D1: Plan Sheet Detail S-X (Type I) ........................................................................20 D2: Plan Sheet Detail S-Y (Type III) ......................................................................21 D3: Section 29.10.1005. - Protection of Trees During Construction ....................22 Tree Protection Zones and Fence Specifications.................................................22 All persons, shall comply with the following precautions.....................................23 Prohibited Activities..............................................................................................23 Monitoring ............................................................................................................24 Root Pruning.........................................................................................................24 Boring or Tunneling...............................................................................................24 Tree Pruning and Removal Operations.................................................................24 Appendix E: Tree Protection Signs....................................................................25 E1: English............................................................................................................25 E2: Spanish...........................................................................................................26 Qualifications, Assumptions, and Limiting Conditions...................................27 Certification of Performance.............................................................................28 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Summary
The plans indicate a new Accessory Dwelling Unit (ADU) in the back of the property, on the hillside, with a new driveway extension leading to the structure. The inventory contains twenty-four (24) trees comprised of three (3) different species.

Six (6) coast live oaks are considered Large Protected (however five are “Large Protected” by aggregate of stems with only one have a single stem larger than 24 inches in diameter) and no trees are Exempt. Most of the trees are in good condition and consist of coast live oaks (Quercus agrifolia). Seventeen trees are in good condition, six fair, and one is in poor shape. Eight (8) trees will caused to be removed. The plans indicate three (3) within the footprint of the proposed driveway and ADU,
however there are five (5) more directly adjacent to the proposed structures. Seven trees are indicated as moderate to highly impacted depending on construction and grading
activity. There are some trees near the proposed new driveway extension but the plans only indicate the extent of the driveway.

The limits of grading are not clear for either the driveway or the building pad. The utility connection locations should be modified to avoid bisecting the root zones as they are currently indicated on the plans. The applicant will be required to replace eight 8 protected trees according to the ordinance. Tree protection will consist of fence and the radii will be six times the trunk diameter distance. There were twenty-four (24) trees appraised for a rounded depreciated value of $77,710.00.

Introduction
Background
The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.

Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.
• Provide appraised values using the Trunk Formula Technique.

Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on July 16, 2021. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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• The plans reviewed for this assignment were as follows (Table 1)
Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a
reference for existing tree conditions to help satisfy planning requirements.

Observations
Tree Inventory
The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on
neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).

Plans
The plans indicate a new Accessory Dwelling Unit in the back of the property on the hillside with a new driveway extension leading to the structure extending off the top of the existing driveway.

Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
Proposed Site
Plan
04/05/21 A011 Yes Blain Architects
Erosion
Control
Grading and
Drainage
May 2021 C1 Yes Cornerstone
Civil
Utility Plan
and Hook-up
locations
Exterior
Elevations
Landscape
Plan
Irrigation Plan
T-1 Tree
Protection
Plan
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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The inventory contains twenty-four (24) trees comprised of three (3) different species (Chart 1). Six (6) coast live oaks are considered Large Protected (however five are “Large Protected” by aggregate of stems with only one have a single stem larger than 24 inches in 1 diameter) and no trees are Exempt .2
Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).

A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). 2 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 3 of 28
Quantity

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Analysis
Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)).

The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00.

The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report.

Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests).

There were twenty-four (24) trees appraised for a rounded depreciated value of $77,710.00.

Appraisal worksheets are available upon request
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Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.
• 100% - Exceptional = Good health and structure with
significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.

Most of the trees are in good condition and consist of coast live oaks in their natural habitat. Seventeen trees are in good condition, six fair, and one in poor shape.

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Quantity

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
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Expected Impact Level
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree.
• Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.

Eight trees will caused to be removed. The plans indicate three within the footprint of the proposed driveway and ADU, however there are five more directly adjacent to the proposed structures. Seven trees are indicated as moderate to highly impacted depending on construction and grading activity.

There are some trees near the proposed new driveway
extension but the plans only indicate the extent of the driveway. In my experience there will need to be grading on either side of the proposed driveway to make the cut into the hillside where it is located. The limits of grading are not clear for either the driveway or the building pad.

The utility connection locations should be modified to avoid bisecting the root zones as they are currently indicated on the plans.

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Quantity

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
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Mitigation for Removals
The table below indicates the recommended replacement values (Table 2). The applicant will be required to replace 8 protected trees according to the ordinance. Alternatively it may be possible to create an approved landscape plan or provide an inlieu payment. 1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement
Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund. 3 Single Family Residential Replacement Option is available for developed single family residential lots under 10,000 square feet that are not subject to the Town’s Hillside Development Standards and Guidelines. All 15-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on 24” box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and
Guidelines Appendix A and Section 29.10.0987 Special
Provisions—Hillsides.

Table 2: Town of Los Gatos Tree Canopy - Replacement
Standard
Canopy Size of
Removed Tree (1)
Replacement
Requirement (2)(4)
Single Family
Residential
Replacement
Option (3)(4)
10 feet or less Two 24 inch box
trees
Two 15 gallon
trees
More than 10 feet to 25
feet
Three 24 inch box
trees
Three 15 gallon
trees
More than 25 feet to 40
feet
Four 24 inch box
trees or two 36 inch
box trees
Four 15 gallon
trees
More than 40 feet to 55
feet
Six 24 inch box
trees; or three 36
inch box trees
Not available
Greater than 55 feet Ten 24 inch box
trees; or five 36 inch
box trees
Not available
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Tree Protection
Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. Tree protection focuses on avoiding damage to the roots, trunk, or scaffold branches (Appendix D). The most current accepted method for determining the TPZ is to use a formula based on species tolerance, tree age/vigor, and trunk diameter (Matheny, N. and Clark, J. 1998) (Fite, K, and Smiley, E. T., 2016). Preventing mechanical damage to the trunk from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or using vertical timbers (Appendix D).

Tree protection will consist of fence around the trees to be retained. The radii will be six times the trunk diameter distance based on young tolerant specimens. Trees will need to enclosed in groups.

Conclusion
The plans indicate a new Accessory Dwelling Unit in the back of the property on the hillside with a new driveway extension leading to the structure extending off the top of the existing driveway. The inventory contains twenty-four (24) trees comprised of three (3) different species. Six (6) coast live oaks are considered Large Protected (however five are “Large Protected” by aggregate of stems with only one have a single stem larger than 24 inches in diameter) and no trees are Exempt. Most of the trees are in good condition and consist of coast live oaks in their natural habitat. Seventeen trees are in good condition, six fair, and one in poor shape. Eight trees will caused to be removed. The plans indicate three within the footprint of the proposed driveway and ADU, however there are five more directly adjacent to the proposed structures. Seven trees are indicated as moderate to highly impacted depending on construction and grading activity. There are some trees near the proposed new driveway extension but the plans only indicate the extent of the driveway. In my experience there will need to be grading on either side of the proposed driveway to make the cut into the hillside where it is located. The limits of grading are not clear for either the driveway or the building pad. The utility connection locations should be modified to avoid bisecting the root zones as they are currently indicated on the plans. The applicant will be required to replace 8 protected trees according to the ordinance. Alternatively it may be possible to create an approved landscape plan or provide an in-lieu payment. Tree protection will consist of fence around the trees to be retained. The radii will be six times the trunk diameter distance based on young tolerant specimens. Trees will need to enclosed in groups. There were twenty-four (24) trees appraised for a rounded depreciated value of $77,710.00.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Recommendations

1. Place tree numbers on all the plans. Make sure the trees are clearly indicated for removal on all the plans. The trees should also be very clearly marked on site prior to removal.

2. Provide some detail as to how the driveway cut will be constructed and where the spoils will go if any. If there is any required over-excavation to create the driveway those limits need to be on the plans.

3. Re-route the utilities to avoid bisecting the root zones of the trees. Show all utility locations and connections on the plans including sanitary sewer, water, and any required electric.

4. Place tree protection around the groups of trees to be preserved adjacent to the driveway and near the trellis. There is already a fence #582-#585.

5. Install temporary irrigation or soaker hoses in all tree protection zones and provide supplemental watering during construction within all TPZ areas. Monitor watering times or amounts to ensure adequate soil saturation. (A 5/8” soaker hose requires about 200 minutes to deliver one inch of water to a garden. This number is affected by the length of the hose and the overall rate of flow from the faucet. A good rule of thumb is to expect about ½ GPM as a standard faucet flow rate.). Infrequent deeper watering is preferred.

6. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.

7. Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ/CRZ.

8. Place all the tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans.

Alternatively create a separate plan sheet that includes all three protection measures labeled “T-1 Tree Protection Plan.” Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 9 of 28

104 Angel Court, Los Gatos Tree Inventory, Assessment
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9. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document.

10. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

Bibliography
American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH:

Secretariat, Tree Care Industry Association, 2019. Print.

Fite, Kelby, and Edgar Thomas. Smiley. Managing trees during construction, second edition. Champaign, IL: International Society of Arboriculture, 2016.

ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print.

ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print.

ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development.

Bedminster, PA: International Society of Arboriculture 1998.

Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017.

Print
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Glossary of Terms
Basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation.

Cost Approach: An indication of value by adding the land value to the depreciated value of improvements.

Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.

Diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture.

Drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown.

Form: describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management.

Health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease.

Mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches.

Scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree.

Straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials,
and have an average weight of 35 pounds.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Structural evaluation: focused on the crown, trunk, trunk flare, above ground roots and the site conditions contributing to conditions and/or defects that may contribute to failure.

Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development.

Tree Risk Assessment: Process of evaluating what unexpected things could happen, how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees.

Trunk: Stem of a tree.

Trunk Formula Technique: Method to appraise the monetary value of trees considered too large to be replaced with nursery or field grown stock. Based on developing a representative unit cost for replacement with the same or comparable species of the same size and in the same place, subject to depreciation for various factors. Contrast with replacement cost method.

Volunteer: A tree, not planted by human hands, that begins to grow on residential or commercial property. Unlike trees that are brought in and installed on property, volunteer trees usually spring up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Appendix A: Tree Inventory Map and Site Plan
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CORNERSTONE
CIVIL Land Development Engineering
2528 Charlene Lane
Santa Cruz, CA
(831) 346-5446

PRELIMINARY NOT

FOR CONSTRUCTION
*5$3+,&6&$/(
#582
#583 #584#585
#586 #587
#588
#589
#590
#591
#592
#593
#594 #595
#596
#597
#598
#599
#600
#886
#887
#888
#889
#890

104 Angel Court, Los Gatos Tree Inventory, Assessment
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Appendix B: Tree Inventory and Assessment Tables
Table 3: Inventory and Assessment Summary
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Expected
Impact
Protection
Status
Rounded
Depreciated
Value
Tree
Protection
Radii
coast live oak (Quercus
agrifolia)
582 20 35 Good ModerateHighProtected $7,800.00 10
coast live oak (Quercus
agrifolia)
583 5 6 Poor ModerateHighProtected $210.00 2.5
coast live oak (Quercus
agrifolia)
584 12, 8 25 Good Low Protected $4,390.00 7.5
coast live oak (Quercus
agrifolia)
585 12 25 Good Low Protected $2,810.00 6
coast live oak (Quercus
agrifolia)
586 9 15 Fair ModerateHighProtected $1,130.00 4.5
coast live oak (Quercus
agrifolia)
587 13 20 Fair ModerateHighProtected $2,350.00 6.5
coast live oak (Quercus
agrifolia)
588 10 15 Fair Low Protected $1,390.00 5
coast live oak (Quercus
agrifolia)
589 8 15 Fair Low Protected $890.00 4
coast live oak (Quercus
agrifolia)
590 8 15 Fair High Protected $890.00 4
coast live oak (Quercus
agrifolia)
591 8, 8, 8, 5, 4 15 Good High Large
Protected
$4,390.00 7.5
coast live oak (Quercus
agrifolia)
592 10 15 Good High Protected $1,950.00 5
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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coast live oak (Quercus
agrifolia)
593 5, 4, 7, 6, 7,
1 20 Good High Large
Protected
$3,290.00 6.5
coast live oak (Quercus
agrifolia)
594 11 20 Good ModerateHighProtected $2,360.00 5.5
coast live oak (Quercus
agrifolia)
595 10 20 Good High Protected $1,950.00 5
coast live oak (Quercus
agrifolia)
596 10, 8, 6 20 Good Low Large
Protected
$3,820.00 7
coast live oak (Quercus
agrifolia)
597 12, 6, 5 20 Good ModerateHighProtected $4,990.00 8 coast live oak (Quercus
agrifolia)
598 12 20 Good High Protected $2,810.00 6
coast live oak (Quercus
agrifolia)
599 12, 11, 10 20 Good Moderate Large
Protected
$7,800.00 10
coast live oak (Quercus
agrifolia)
600 12 20 Good High Protected $2,810.00 6
coast live oak (Quercus
agrifolia)
886 11 20 Good Moderate Protected $2,360.00 5.5
fern pine (Afrocarpus gracilior) 887 Multi 4 15 Good High Protected $2,650.00 6 Stone pine (Pinus pinea) 888 7 10 Good Moderate Protected $590.00 3.5 coast live oak (Quercus
agrifolia)
889 9 15 Good Low Protected $1,580.00 4.5
coast live oak (Quercus
agrifolia)
890 30 45 Fair ModerateHighLarge
Protected
$12,500.00 15
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Expected
Impact
Protection
Status
Rounded
Depreciated
Value
Tree
Protection
Radii
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Appendix C: Photographs
C1: Area where the driveway will extend into the landscape Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 16 of 28

104 Angel Court, Los Gatos Tree Inventory, Assessment
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C2: Trees in the footprint of the proposed ADU (590 and 591) Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 17 of 28

104 Angel Court, Los Gatos Tree Inventory, Assessment
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C3: Slope where driveway comes up to ADU
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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C5: Trees adjacent to driveway
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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Appendix D: Tree Protection Guidelines
D1: Plan Sheet Detail S-X (Type I)
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TREE PROTECTION
Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.
4'-0"
Maintain existing
grade with the tree
protection fence
unless otherwise
indicated on the
plans.
2" x 6' steel posts
or approved equal.

Tree Protection
fence: High density
polyethylene fencing
with 3.5" x 1.5"
openings; Colororange. Steel posts
installed at 8' o.c.
5" thick
layer of mulch.

Notes:
1- See specifications for additional tree
protection requirements.
2- If there is no existing irrigation, see
specifications for watering requirements.
3- No pruning shall be performed except
by approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- See site preparation plan for any
modifications with the Tree Protection
area.

SECTION VIEW

KEEP OUT
TREE

PROTECTION
AREA

8.5" x 11"
sign
laminated in
plastic spaced
every 50'
along the
fence.

URBAN TREE FOUNDATION ‹

OPEN SOURCE FREE TO USE
Tree protection
fence: Fencing shall
be comprised of sixfoot high chain link
mounted on eightfoot tall, 1 7/8-inch
diameter galvanized
posts, driven 24
inches into the
ground.

Minimum 4” thick
mulch layer
Crown diameter drip line distance equal to the outer most limit of foliage. Notes:
• All tree maintenance and care shall be
performed by a qualified arborist with a
C-61/D-49 California Contractors
License. Tree maintenance and care
shall be specified in writing according to
American National Standard for Tree
Care Operations: Tree, Shrub and Other
Woody Plant Management: Standard
Practices parts 1 through 10 and adhere
to ANSI Z133.1 safety standards and
local regulations.
• All maintenance is to be performed
according to ISA Best Management
Practices.

Notes:

The Tree Protection Zone
(TPZ) may vary in radius
from the trunk and may or
may not be established at
the drip line distance.

See arborist’s report and
plan sheet for
specifications of TPZ
radii.
6’-0”
Modified by Monarch Consulting
Arborists LLC, 2019

104 Angel Court, Los Gatos Tree Inventory, Assessment
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August 18, 2021
D2: Plan Sheet Detail S-Y (Type III)
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?W ?W ?W
TREET
(E) CHAINLINK

FENCE AND GATE

TO REMAIN

ALL MAINTENANCE IS TO BE PERFORMED ACCORDING
TO ISA BEST MANAGEMENT PRACTICES.

2. TREE PRUNING - IF TREE PRUNING FOR OVERHEAD

CLEARANCE IS REQUIRED OR NECESSARY PRUNING

SPECIFICATIONS SHALL BE IN WRITING PRIOR TO ANY
CUTTING. CUTTING SHALL BE PERFORMED BY A

QUALIFIED TREE CARE PROFESSIONAL OR SUPERVISED
BY THE PROJECT ARBORIST. NO LIMBS GREATER THAN
)285,1&+(6
´
,1',$0(7(56+$//%(5(029('
WITHOUT APPROVAL.

3. ROOT MANAGEMENT - PRIOR TO REMOVING ROOTS
*5($7(57+$17:2,1&+(6
´
,1',$0(7(5($&+

TREE SHALL BE EVALUATED BY THE PROJECT ARBORIST

TO HELP DETERMINE ITS LIKELIHOOD OF FAILURE
AFTER ROOT LOSS. IF ROOTS OVER TWO INCHES IN

DIAMETER ARE ENCOUNTERED THEY SHOULD BE

PRUNED BY HAND WITH LOPPERS, HANDSAW,

RECIPROCATING SAW, OR CHAIN SAW RATHER THAN
LEFT CRUSHED OR TORN. ROOTS SHOULD BE CUT

BEYOND SINKER ROOTS OR OUTSIDE ROOT BRANCH

JUNCTIONS AND BE SUPERVISED BY THE PROJECT
ARBORIST. WHEN COMPLETED, EXPOSED ROOTS

SHOULD BE KEPT MOIST WITH BURLAP OR BACKFILLED
WITHIN ONE HOUR. NO ROOTS SHALL BE CUT WITHIN SIX

TIMES THE TRUNK DIAMETER DISTANCE IN FEET ON ONE
SIDE WITHOUT ARBORIST APPROVAL.

4. TRUNK PROTECTION - PREVENTING MECHANICAL

DAMAGE TO THE MAIN STEMS FROM EQUIPMENT OR

HAND TOOLS CAN BE ACCOMPLISHED BY WRAPPING
THE MAIN STEM WITH STRAW WATTLE.

5. SITE OCCUPANCY - HAVE A QUALIFIED ARBORIST
PERFORM A LEVEL 2: BASIC TREE RISK ASSESSMENT AS
DESCRIBED IN BEST MANAGEMENT PRACTICES: TREE
RISK ASSESSMENT: INTERNATIONAL SOCIETY OF
ARBORICULTURE, 2017 TO HELP IDENTIFY ANY NEW

RISK FACTORS AFTER CONSTRUCTION UPON NEW SITE
OCCUPANCY.
0 40 feet
1" = 20'
NORTH
20 60 80

SECTION

TREE TRUNK
š675$:

FILLED BURLAP

WATTLES

TREE PROTECTION WITHOUT FENCE
3/8" = 1'-0"
4'-0"

ROOT PROTECTION
ZONE. SEE SPECS FOR

REQUIREMENTS
1 SECTION VIEW
TRUNK PROTECTION WITH WATTLE S-Y 6’-0”

2. Pile soil on the side of the trench opposite the tree. If this thick bed of mulch.

3. Do not compact the backfill on the trench more than its origin

4. Water the backfill to allow the roots to begin healing.

Trenching near a tree can kill as much
If the tree you are working around is in a confined space and your eq WKHWUXQN:UDSWKHWUHHWUXQNLQROGWLUHVRUSODFH´[´VWXGVDURXQG

2” x 4” or 2” x 2”
Dimensional Lumber
Sturdy Strap (steel,
nylon, or synthetic rope)
2” x 4” ’or 2” x 2” - 6 to 8
Feet Tall Dimensional
Lumber Spaced 3” Apart
Sturdy Strap (steel,
nylon, or synthetic rope)
Bridge With 4” - 6” Deep
Course Woody Debris or
4” x 4” Dimensional
Lumber and 3/4”
Plywood or Steel Road
Plate.

Note: See Local Ordinance
Requirements and Arborist’s
Report for Additional Protection
Specifications and Guidelines.

Trunk Protection Vertical Timber
Detail
6’ MIN.

104 Angel Court, Los Gatos Tree Inventory, Assessment
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D3: Section 29.10.1005. - Protection of Trees During Construction Tree Protection Zones and Fence Specifications

1. Size and materials: Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base.

2. Area type to be fenced: Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches.

3. Duration of Type I, II, III fencing: Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence.

4. Warning Sign: Each tree fence shall have prominently displayed an eight and one-half-inch by eleven-inch sign stating: "Warning —Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025.” Text on the signs should be in both English and Spanish (Appendix E).

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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All persons, shall comply with the following precautions

1. Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction.

2. Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director.

3. Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.

4. Prohibit the attachment of wires, signs or ropes to any protected tree.

5. Design utility services and irrigation lines to be located outside of the dripline when feasible.

6. Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits.

7. The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.

Prohibited Activities
The following are prohibited activities within the TPZ:
• Grade changes (e.g. soil cuts, fills);
• Trenches;
• Root cuts;
• Pedestrian and equipment traffic that could compact the soil or physically damage roots; • Parking vehicles or equipment;
• Burning of brush and woody debris;
• Storing soil, construction materials, petroleum products, water, or building refuse; and, • Disposing of wash water, fuel or other potentially damaging liquids.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
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Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.

The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.

Root Pruning
Roots greater than two inches in diameter shall not be cut. When roots over two inches in diameter are encountered and are authorized to be cut or removed, they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.

Boring or Tunneling
Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep.

Tree Pruning and Removal Operations
All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Treatment, including pruning, shall be specified in writing according to the most recent ANSI A-300A Standards and Limitations and performed according to ISA Best Management Practices while adhering to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Appendix E: Tree Protection Signs
E1: English
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 25 of 28
Warning
Tree Protection Zone
This Fence Shall Not Be Removed
And Is Subject To Penalty According To
Town Code 29.10.1025

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
E2: Spanish
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Cuidado
Zona De Arbol Pretejido
Esta valla no podrán ser sacados
Y está sujeta a sanción en función de
Código Ciudad del 29.101025

104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.

Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.

The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.

This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.

Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.

Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.

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104 Angel Court, Los Gatos Tree Inventory, Assessment
and Protection Report
August 18, 2021
Certification of Performance
I Richard Gessner, Certify:

That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated within the report.

That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.

Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2021, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.

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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification this 1st day of July 2022 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Monarch Consulting Arborists LLC, (“Consultant”), whose address is P.O. Box 1010, Felton, CA 95018. This Agreement is made with reference to the following facts.

I. RECITALS

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

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

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

II. AGREEMENTS

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

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

ATTACHMENT 2

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

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

Town may authorize Consultant to perform such selected services on an as-needed basis.

2.2 Time of Performance. The services of Consultant are fixed for a five-year period that will commence upon the execution of the contract. At the end of this period, should the Town not renew the contract, the contract shall automatically expire. The individual time of performance schedule for each project referred to the Consultant is required to be performed as outlined in the scope of services section of this Agreement.

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

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

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

written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the 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 the established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached hereto and incorporated herein by reference. Payment shall be based upon Town approval of each task.

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

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

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 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 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 and 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 insuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.

General Liability
i. The Town, its officers, officials, employees, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant; and premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurances maintained by the Town, its 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. It is understood that Consultant currently has no employees. If employees are hired in the future, Consultant shall obtain and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town. Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.

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

omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.

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

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

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

To Town: To Consultant:

Joel Paulson Richard Gessner
Community Development Director Monarch Consulting Arborists LLC Town of Los Gatos P.O. Box 1010
110 E. Main Street Felton, CA 95018
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879 Phone: (831) 331-8982
E-mail: [email protected] E-mail: [email protected] Or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

4.8 Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and exclusive statement of the Agreement between the Town 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.

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

Town of Los Gatos Consultant:
____________________________ ______________________________ Laurel Prevetti, Town Manager Richard Gessner
Town of Los Gatos Monarch Consulting Arborists LLC
Department Approval:
_____________________________
Joel Paulson
Community Development Director
Approved as to Form:
___________________________
Gabrielle Whelan, Town Attorney
Attest:
_____________________________
Shelley Neis, MMC, CPMC
Town Clerk

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/21/2022
ITEM NO: 7
DATE: June 16, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Consultant Services with Walter Levison to Provide Services as Arborist Consultant to the Town.

RECOMMENDATION:

Authorize the Town Manager to execute an Agreement for Consultant Services with Walter Levison to provide services as Arborist Consultant to the Town.

BACKGROUND:

In 2015, the Town Council approved a contract with Walter Levison to serve as Arborist Consultant to the Town. Since that time, the arborist peer review consultant process continues to be a successful component of the planning process.

The Town distributed a Request for Qualifications in March 2022 and received six proposals from: Walter Levison, (Attachment 1); Monarch Consulting; Lucchesi Plant and Soil Consulting; Doug Anderson; Davey Resource Group; and Dudek. Staff determined that Walter Levison and Monarch Consulting were the most qualified to serve as Arborist Consultants to the Town, based on the quality of the proposals and past services provided. Please see the staff report for Monarch Consulting for more information on their qualifications and separate consideration.

DISCUSSION:

The Consulting Arborist reviews tree impacts relative to development proposals, prepares arborist reports, provides peer review of arborist reports submitted by applicants, and makes recommendations to Town staff for the preservation and maintenance of trees. Typical tasks that the Consulting Arborist may provide include the following:

PAGE 2 OF 4
SUBJECT: Consulting Arborist: Walter Levinson
DATE: June 16, 2022
DISCUSSION (continued):
 Conducting site visits and inspections as needed;
 Evaluating proposed tree removals and impacts associated with development proposals;  Reviewing proposed tree removals for compliance with the Town’s Tree Preservation Ordinance;
 Preparing arborist reports for development proposals;  Conducting peer review of arborist reports submitted by applicants;  Meeting with Town staff and/or applicants as needed; and  Attending public hearings as needed.

Optional work may include the following:
 Review of landscape plans for commercial and Planned Development projects; and  Review of landscape plans for compliance with Wildland Urban Interface (Very High Fire Hazard Areas) standards.

CONCLUSION:

Walter Levinson was determined to be one of the best candidate firms to continue serving as the Town’s Consulting Arborist for the following reasons:
 Extensive knowledge of site analysis and preparation of reports for proposed development projects and
 Experience working with the Town of Los Gatos.

COORDINATION:

The draft Agreement for Consultant Services (Attachment 2) were prepared in coordination with the Town Attorney.

FISCAL IMPACT:

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

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

An administrative fee of 10 percent is also charged by the Town. The purpose of the administrative fee is to reimburse the Town’s cost of administering the peer review.

ENVIRONMENTAL ASSESSMENT:

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

PAGE 3 OF 4
SUBJECT: Consulting Arborist: Walter Levinson
DATE: June 16, 2022
Attachments:

1. Walter Levinson Proposal

2. Draft Agreement for Consultant Services

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ISA Tree Risk Assessment Qualified ASCA Registered Consulting Arborist #401 ISA Certified Arborist #WE-3172A 1 of 11
Walter Levison  2022 All Rights Reserved
Registered Member, American Society of Consulting Arborists and Member of the International Society of Arboriculture Cell (415) 203-0990 Email [email protected]
3/20/2022
RFQ – CONSULTING ARBORIST FOR THE TOWN OF LOS GATOS
Jennifer Armer, Planning Manager
Community Development Department
Planning Division
Civic Center
110 E. Main Street
Los Gatos, CA 95030
Dear Ms. Armer,
Thank you for allowing Walter Levison, Consulting Town Arborist for Town of Los Gatos (2015 through current date), to submit a proposal for the position of consulting town arborist with the Town of Los Gatos Planning Division.

The following is Walter Levison’s formal re-application for his current position, and includes all of the RFQ submittal requirements per the Request for Qualifications (RFQ) letter dated March 8, 2022 received from your office.

1. Introduction
Statement of Interest
Walter Levison, Consulting Arborist (WLCA) is a sole proprietorship working out of Millbrae, California: approximately 35 to 45 minutes from Los Gatos downtown. Walter Levison is the sole proprietor, owner, and operator of this business and has been serving municipalities, universities, developers, engineers, architects, and environmental consulting firms fulltime since January 1999. He worked as the on-call Consulting City Arborist for City of Belmont Planning Division from 1999 to 2020 (21 continuous years), and has been working as the on-call Consulting Town Arborist for Town of Los Gatos Planning Division from 2015 to 2022 (7 continuous years). Other major Clients include entities such as Stanford University and City of Millbrae Parks Department. WLCA’s interest is in performing high quality, rapid turnaround (e.g. 7 to 30 day max.) arborist reports with tree protection and maintenance planning recommendations focusing on mitigation of site plan project tree impacts.

The Town of Los Gatos planning division on-call consulting work has been a regular part of WLCA’s services since 2015, when WLCA initially contracted with planning division to provide as-needed services.

For the past 7 years to date, WLCA has maintained a friendly and professional demeanor with Town of Los Gatos Staff persons, working with Planning Division Staff to complete assignments of all scopes and sizes in a timely fashion.

WLCA is committed to maintaining this same level of service into the future as part of this RFQ.

ATTACHMENT 1