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
FEBRUARY 21, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, 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 Tuesdays 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
FEBRUARY 21, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
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/85790668297?pwd=dEgwQTFmWnJtZW4yUmhYU2ZmYXNFUT09 Passcode: 778899 You can also type in 857 9066 8297 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o 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. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of the record.
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council without first being recognized; · Interrupting speakers, Town Council, or Town staff;
· Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve the Draft Minutes of the February 7, 2023 Town Council Meeting.
2. Approve the Draft Minutes of the February 15, 2023 Town Council Closed Session Meeting.
3. Approve the Draft Minutes of the February 15, 2023 Special Town Council Meeting.
4. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to In-Person Meetings for All Town Boards, Commissions, and Committees except for the Planning and Finance Commissions.
5. Adopt an Ordinance Amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code Regarding Town-Initiated Parcel Mergers.
6. Authorize the Town Manager to Execute a Use Agreement with Los Gatos Little League.
7. Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club.
8. Adopt a Resolution Approving the Request to Change the Name “Terrace Court” to “La Terra Court” and Add the Name to the Town’s Official Street Names List to be Used at the Development Site.
9. Authorize the Town Manager to Execute a Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the Town.
10. Receive the Monthly Financial and Investment Report for December 2022.
11. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation.
12. Approve the Changes to the Town’s Investment Policy as Recommended by the Finance Commission.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
13. Receive Update on the Community Grant Program and Provide Direction on the Program’s Funding Level for Fiscal Year (FY) 2023-24.
14. Mid-Year Budget Report - July 1 - December 31, 2022:
a. Receive FY 2022/23 Mid-Year Budget Report;
b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Report; and
c. Provide Direction of the Order of Authorized Funding Source to Balance the FY 2022/23 Operating Budget, if Necessary, at the Final Close of the Fiscal Year.
15. Review and Provide Comments Regarding the Five-Year Forecast (FY 2023/24 – 2027/28) and Scenarios and Provide Input for the FY 2023/24 Budget Direction.
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. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final 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: 02/21/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
February 7, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, February 7, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Isabella Burlinson led the Pledge of Allegiance. The audience was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Moore stated he attended the CalCities New Mayors and Council Members Academy, the inauguration of Sheriff Bob Johnson, and the plant-based food empowerment event; completed a tour of Town facilities; met with staff from Senator Alex Padilla office and Congresswoman Anna Eshoo’s office; and commented on the upcoming meetings for Silicon Valley Clean Energy Authority (SVCEA) and West Valley Sanitation District.
- Vice Mayor Badame stated she attended the Council Policy Committee as an observer; met with Jim Foley and Catherine Somers of the Chamber of Commerce; met with Tom Picraux and Maureen Health of the Senior Service Committee; and attended the West Valley Clean Water Authority Board meeting, the West Valley Solid Waste Management District Authority Board meeting, and the plant-based food empowerment event. - Council Member Rennie stated he attended the plant-based food empowerment event; met with Tom Picraux of the Senior Service Committee; met with NUMU representatives; met with Chamber of Commerce representatives; and attended the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, the Bay Area Air Quality Management District Board meeting, the All Town Employees Breakfast, the Cities Association Board meeting, the VTA Board workshop, the SVCEA Executive Committee meeting, the League of Cities event in Redwood City, the VTA Board meeting, and the SVCEA Risk Oversight Committee meeting.
- Council Member Hudes stated he attended the Senior Service Committee and subcommittee meetings, the West Valley Water Commission Board meeting, and the
PAGE 2 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Council Matters - continued
Community Health and Senior Services Commission meeting as an observer; and met with representatives of Saratoga Area Senior Coordinating Council, and the Chamber of Commerce representatives.
- Mayor Ristow stated she attended the West Valley Mayors and Managers meeting, the All Town Employees Breakfast, the Midpeninsula Open Space Hwy 17 overcrossing meeting, and the Town, Los Gatos Union High School District and Los Gatos Union Elementary School District discussion on Positive Community Norms; attended the Ribbon Cuttings for Golden State Dermatology, Specialized Los Gatos Bike Shops, and Los Gatos Theatre; and met with several residents.
Manager Matters
- Announced the Housing Element Advisory Board (HEAB) will be held on Thursday, February 16, 2023.
COUNCIL MEMBER RENNIE FINANCE COMMITTEE APPOINTEE
Council Member Rennie announced the appointment of Linda Reiners to the Finance Commission.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the January 17, 2023 Closed Session Town Council Meeting.
2. Approve Minutes of the January 17, 2023 Town Council Meeting.
3. Approve Minutes of the January 24, 2023 Special Town Council Meeting.
4. Approve Minutes of the January 30, 2023 Special Town Council Meeting.
5. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. RESOLUTION 2023-007
6. Consider the Following Actions for the Americans with Disabilities Act (ADA) Public Restroom – Adult Recreation Center Project (CIP No. 821-2601):
a. Approve Plans and Specifications; and
b. Authorize Advertising the Project for Bid; and
c. Authorize the Town Manager to Execute the County of Santa Clara Grant Agreement (Fiscal Year 2022/23) and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $250,000 to Recognize Receipt and Expenditure for CIP No. 821- 2601; and
d. Authorize the Town Manager to Execute the Santa Clara County Community Development Block Grant (CDBG) City/County Contract for Fiscal Year 2023 and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $140,000 to Recognize Receipt and Expenditure of the Community Development Block Grant Fund for CIP No 821-2601.
PAGE 3 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Consent Items – continued
7. Authorize Budget Adjustments in the Total Amount of $43,500 to Recognize Receipt and Expenditure of Black Gold Library Consortium Grant Funds.
8. Consider the Following Actions for the Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Approve the Plans and Specifications; and
b. Authorize Advertising the Project for Bid.
9. Consider the Following Actions for the Property Location: 137 Bersano Lane. APN 424- 29- 054. Property Owner: Lisa DeGeorge. RESOLUTION 2023-008 a. Adopt a Resolution Approving a Purchase and Sale Agreement for the Re-Purchase of an Affordable Housing Unit Subject to an Existing Below Market Price (BMP) First Right of Refusal Option; and
b. Authorize the Town Manager to Negotiate and Execute all Agreements and Documents Necessary and Appropriate to Effectuate the Preservation of the Affordable Housing Unit; and
c. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $436,276 from Available BMP Housing In-Lieu Fee Fund to Re-Purchase, Repair, and Pay Past Due Fees and Taxes of the Property.
10. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion Accepting the Work of Ashron Construction and Restoration, Inc., and Authorize Recording by the Town Clerk for PPW Job No. 817-0708 Parking Lot 4 Repair and Waterproofing.
11. Authorize the Town Manager to Execute First Amendments to the Master Lease Agreements with Tait Firehouse, LLC and Forbes Mill, LLC.
12. Authorize the Town Manager to Execute an Agreement with Sustainable Waze to Continue the Coordination of Music in the Park (MIP) Summer Concert Series for 2023, with Options for Annual Extensions for Two Additional Years.
Opened public comment.
Lee Fagot
- Commented on item #9 and stated concerns with the seller profiting from the property.
Closed public comment.
Council Member Rennie pulled item #9.
MOTION: Motion by Council Member Rennie to approve items 1-12, exclusive of item 9.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 4 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
VERBAL COMMUNICATIONS
Folake Phillips
- Commented on an incident that occurred at the Library.
Joseph Enz
Commented on displaced unhoused residents near the Los Gatos Creek Trail and requested that the Town provide two trash cans the Balzer park area of the trail.
Nate Vandergrift
- Commented on fallen eucalyptus trees on Overlook Road, stated concerns with the remaining trees, and requested Council consider allocating funds to remove the eucalyptus trees on lower Overlook Road.
Jordan Chan
- Requested greater recognition of Black History Month on the Town calendar, website, and social media.
Lynley Kerr Hogan
- Commented on a Supreme Court case related to free speech and stated concerns with racialism.
Raven
- Requested information related to weapons in a government office or public space.
Beverly
- Commented in support of the unhoused residents and suggested researching grant funding for a cold weather or emergency shelter.
PUBLIC HEARINGS
13. Introduce a Proposed Ordinance Amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code Regarding Town-Initiated Parcel Mergers.
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
PAGE 5 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Public Hearing Item #13 – continued
MOTION: Motion by Vice Mayor Badame to introduce an ordinance amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding Town-initiated parcel mergers and to waive the first reading. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
Town Clerk Wood read the title of the ordinance.
OTHER BUSINESS
14. Discuss Valley Transportation Authority (VTA) Proposed Changes to Route 27 Weekend Bus Service.
Tracy Wang, Transportation and Mobility Manager, presented the staff report.
Opened public hearing.
No one spoke.
Closed public hearing.
Council discussed the matter.
15. Consider Modifications to Town Council Policy 2-01: Town Agenda Format and Rules Regarding Remote Attendance for Town Boards, Commissions, and Committees as Discussed by the Council Policy Committee. POLICY 2-01
Laurel Prevetti, Town Manager, presented the staff report.
Opened public hearing.
Lee Quintana
- Commented in support of the Planning Commission offering a remote participation option for the public, and requested clarification on recordings for other Board, Commission, Committee meetings.
Closed public hearing.
Council discussed the matter.
PAGE 6 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Other Business Item #15 - continued
MOTION: Motion by Council Member Hudes to adopt changes as recommended by staff in Attachment 3 with the exception of the Planning and the Finance Commission and modify remote attendance to match what is currently allowed in Brown Act, limit annual remote participation by Commissioners to four (4) times in a year and two (2) consecutive meetings. AMENDMENT: Policy Committee and potentially the Council revisit this policy before the end of the year. Seconded by Council Member Rennie.
VOTE: Motion passed 4-1. Mayor Ristow voted no.
16. Receive the Senior Service Committee Roadmap for Senior Services and Provide Any Additional Direction to the Committee and/or Staff.
Tom Picraux, Senior Service Committee Chair, presented the staff report.
Opened public hearing.
Lisanne Kennedy, Los Gatos-Saratoga Recreation 55+ Program Manager - Thanked the Committee for their work on the Road Map and commented on a proposed Case Manager position to provide resources, counseling, and support.
Elenor Yick, Community and Heath and Senior Services Commission Member - Commented in support of the item and requested Council consider the recommendation to add a part-time (0.2 FTE) position for a Town Age-Friendly Coordinator.
Diana Miller, County of Santa Clara Senior Program Manager - Commented in support of the item.
Dick Konrad, Senior Services Committee Member
- Commented on the importance of the core services and how they contribute to the welfare of the senior community.
Catherine Somers, Chamber of Commerce Executive Director and Senior Services Committee Member
- Commented support of the item and recommendation the Town add a part-time (0.2 FTE) position for a Town Age-Friendly Coordinator.
Closed public hearing.
Council discussed the matter.
PAGE 7 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Other Business Item #16 – continued
MOTION: Motion by Council Member Hudes to accept the report and endorse the Senior Services Roadmap for Los Gatos. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
Recess 9:55 pm.
Reconvene 10:08 p.m.
17. Consider the Following Items Recommended by the Art and Culture Commission:
a. Receive the Arts and Culture Commission’s Three-Year Plan Consisting of Capital Improvement Program (CIP) Funding for Completion of the Gateway Project and Annual Funding for Maintenance of Existing Town-Owned Public Artwork; and b. Authorize the Town Manager to Enter into a Memorandum of Understanding with Silicon Valley Creates; and
c. Grant permission for Arts and Culture Commissioners to Solicit Philanthropic Funding for Future Public Art Projects.
Ryan Baker, Library Director, presented the staff report.
Opened public comment.
Cristiano Colantoni
- Commented on public art and stated support for allocating funding to complete the gateway art project.
Lisa McAdams
- Commented on public art and stated support for allocating funding to complete the gateway art project.
Maureen Cappon-Javey, Arts and Culture Commission Chair - Commented on the public art program and stated support for allocating funding to complete of the gateway art project.
Jan Schwartz, NUMU
- Commented in support of public art projects and enjoys the gateway cat sculptures.
Craig Gleason, Parks Commissioner
- Commented in support of the gateway project and funding for the project completion.
Tom Spilsbury, Arts and Culture Commissioner
- Commented on the work of the Arts and Culture Commission and supports allocating funding for the gateway art project.
PAGE 8 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Other Business Item #17 – continued
Olga Enciso Smith
- Commented in support of public art and allocating funding for the completion of the gateway project.
Anne Lamborn, Arts and Culture Commissioner
- Commented the gateway art project and stated support for allocating funding to complete the project.
Elenor Yick
- Commented on in support of the gateway art project and suggested lighting up the sculptures at night.
Bent Jensen, Arts and Culture Commissioner
- Commented in support of the gateway art project and expressed interested in making Los Gatos a cultural center in Silicon Valley.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Badame to receive the Arts and Culture Commission’s ThreeYear Plan consisting of Capital Improvement Program (CIP) Funding for completion of the Gateway Project and annual funding for maintenance of existing Town-owned public artwork; and authorize the Town Manager to enter into a memorandum of understanding for a partnership with Silicon Valley Creates; and grant permission for Arts and Culture Commissioners to solicit funding for future public art projects.
Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
18. Receive a Report on the Town Resources Utilized to Support 2022 Special Events, Provide Direction for the Allocation of Resources to Support Anticipated 2023 Special Events, and Approve the Attached Modifications to the Town’s Facilities Use Policy. POLICY 1-04 Monica Renn, Economic Vitality Manager, presented the staff report.
Opened public comment.
Rick Miller, Chairman Los Gatos Children’s Christmas Parade - Thanked the Council and staff for support for the Children’s Parade and looks forward to the continued support.
PAGE 9 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Other Business Item #18 – continued
Carol Musser
- Commented in support of the Children’s Parade, on the Recreation Department and Lion’s Club volunteer hours for the Children’s Parade, and requested additional details of staff time hours and concerns so that they can find a mutual solution.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to allocate resources to support the Children’s Holiday Parade, including funding to support the expanded use of a professional traffic management vendor for street closure and traffic management of the event; allocate funds to support the use of a professional traffic management vendor to implement road closures on Halloween in the Almond Grove and Johnson neighborhoods; adopt the modified red-lined draft of the Town Facilities Use Policy with an amendment to add language to the Montebello Way and Broadway Road Closure for Special Events, stating it may be closed for special events, with an approved special event permit, no more than eight times per calendar year, unless otherwise approved by agreement with the Town Council. Seconded by Council Member Moore.
VOTE: Motion passed 4-1. Council Member Hudes voted no.
MOTION: Motion by Council Member Rennie to extend the meeting past the midnight adjournment time until 12:20 a.m. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
19. Approve the Library’s Holiday and Recognition Work Plan.
Ryan Baker, Library Director, presented the staff report.
Opened public comment.
Alicia
- Spoke in support of Native American Heritage Month being added to the Library’s Holiday recognition work plan, requested the holiday be clearly celebrated by the Town, commented on anti-racism training, and stated concerns with an incident that occurred at the Library.
Closed public comment.
PAGE 10 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
Other Business Item #19 – continued
Council discussed the item.
MOTION: Motion by Council Member Rennie to approve the Library’s holiday and recognition workplan. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
Pulled Consent Items
9. Consider the Following Actions for the Property Location: 137 Bersano Lane. APN 424- 29- 054. Property Owner: Lisa DeGeorge. RESOLUTION 2023-008 a. Adopt a Resolution Approving a Purchase and Sale Agreement for the Re-Purchase of an Affordable Housing Unit Subject to an Existing Below Market Price (BMP) First Right of Refusal Option; and
b. Authorize the Town Manager to Negotiate and Execute all Agreements and Documents Necessary and Appropriate to Effectuate the Preservation of the Affordable Housing Unit; and
c. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $436,276 from Available BMP Housing In-Lieu Fee Fund to Re-Purchase, Repair, and Pay Past Due Fees and Taxes of the Property.
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
Lee Fagot
- Commented on concerns with the differential amount the Town has to pay for repairs, and unpaid Home Owner’s Association fees and unpaid property taxes.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member to adopt a Resolution approving a purchase and sale agreement in substantially the form presented for the re-purchase of an affordable housing unit subject to an existing below market price (BMP) first right of refusal option for property located at 137 Bersano Lane (APN 424-29-054); and authorize the Town Manager to negotiate and execute all agreements and documents necessary to for the reservation of the affordable housing unit; and authorize revenue and expenditure budget adjustments in the amount of $436,276 from available BMP Housing In-Lieu Fee Fund to re-purchase, repair, and pay past due fees and taxes of the property. Seconded by Mayor Ristow.
PAGE 11 OF 11
SUBJECT: DRAFT Minutes of the Town Council Meeting of February 7, 2023 DATE: February 8, 2023
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 12:14 a.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Closed Session February 15, 2023
The Town Council of the Town of Los Gatos conducted a special meeting in-person and utilized teleconferencing means on Wednesday, February 15, 2023 to hold a Closed Session at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie. (Council Member Rennie participated remotely.)
Absent: None.
VERBAL COMMUNICATIONS
Ami Davis, NUMU Executive Director
- Commented on the value of NUMU to Los Gatos due to its work with the Town’s history collection, youth arts, inclusivity, and other Town priorities. Requested free occupancy of the building. Commented that NUMU would survive but not thrive if rent payments were required.
Nancy Rollett, Los Gatos-Saratoga Recreation Executive Director - Commented that the LGS Rec Board is considering a legal waiver of rent, cannot provide 55+ services without financial support, and that deadlines for layoff notices are mid-March if layoffs are expected in July. Suggested that it is time to update Exhibit F in the lease agreement.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Conference With Real Property Negotiator (Government Code Section 54956.8) a. Property: 208 E Main Street and 123 East Main Street Negotiating Parties: Town of Los Gatos and Los Gatos-Saratoga Community Education and Recreation
Negotiator: Laurel Prevetti, Town Manager and Nancy Rollett, Los Gatos-Saratoga Executive Director
To Be Negotiated: Terms of purchase, sale, exchange or lease b. Property: 106 East Main Street
Negotiating Parties: Town of Los Gatos
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Special Town Council Meeting of February 15, 2023 DATE: February 16, 2023
Negotiator: Laurel Prevetti, Town Manager and Ami Davis, NUMU Executive Director Negotiations: Terms of purchase, sale, exchange or lease
ADJOURNMENT
Closed Session adjourned at 6:25 p.m.
Attest: Submitted by:
____________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting
February 15, 2023
The Town Council of the Town of Los Gatos conducted a special meeting in-person and via teleconference on Tuesday, February 15, 2023, at 6:30 p.m.
MEETING CALLED TO ORDER AT 6:33 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie. (Council Member Rennie participated remotely.)
Absent: None
Council Member Moore stated he would recuse himself from the meeting due to his relationship with the Planning Commissioner and left the Council Chamber.
OTHER BUSINESS
1. Accept Recommendation of Censure of, and Counseling for, a Planning Commissioner Regarding Communication to the California Department of Housing and Community Development or Take Other Action.
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened Public Comment.
Perice Sibley
- Commented on concerns and requested removal of the Commissioner.
Richard Kananen
- Commented on concerns and requested removal of the Commissioner.
Jak Van Nada
- Requested Commissioner Clark resign or be removed.
Jason Farwell
- Commented on concerns and requested removal of the Commissioner.
Jim Zanardi
- Commented on concerns and requested removal of the Commissioner.
PAGE 2 OF 3
SUBJECT: Draft Minutes of the Town Council Special Meeting of February 15, 2023 DATE: February 15, 2023
Other Business Item #1 – continued
Ron Meyer
- Commented on concerns and requested removal of the Commissioner.
Donna McCurrie
- Requested the Commissioner be mentored.
Corey Wolbach, Silicon Valley at Home
- Commented in opposition of the censure of the Commissioner.
Lee Quintana
- Commented on the referendum and spoke in opposition of the censure of the Commissioner.
Member of Public
- Commented on Council Policies 2-05 and 2-11 and requested removal of the Commissioner.
James Dunlap
- Commented concerns of bias and requested removal of the Commissioner.
Elly Hudson
- Commented in opposition of the censure of the Commissioner.
Alan Gustavo Faz Ochoa
- Commented in opposition of the censure of the Commissioner.
Alex Shoor
- Commented in opposition of the censure of the Commissioner.
Matthew Reed, Silicon Valley at Home
- Commented on the Housing Element process and in opposition of censure of the Commissioner.
Chris of Los Gatos (Wiley)
- Commented on concerns and requested removal of the Commissioner.
Kerrie Dunlap
- Commented on concerns and requested removal of the Commissioner.
PAGE 3 OF 3
SUBJECT: Draft Minutes of the Town Council Special Meeting of February 15, 2023 DATE: February 15, 2023
Other Business Item #1 – continued
Catherine Somers
- Commented in support of a compromise.
Joe Rodgers
- Commented on concerns and requested removal of the Commissioner.
Kylie Clark
- Commented on the email sent to California Department of Housing and Community Development, the Code of Conduct process, apologized, and spoke in opposition of the Censure.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Mayor Ristow to accept the recommendation of the committee comprised of the Mayor, Vice Mayor, Town Attorney, and Town Manager, of censure, coaching, and mentoring of Planning Commissioner Kylie Clark. Seconded by Council Member Hudes.
VOTE: Motion passed 4-0-1. Council Member Moore recused.
ADJOURNMENT
The meeting adjourned at 8:58 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: 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: 2/21/2023
ITEM NO: 4
DATE: February 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to In-Person Meetings for All Town Boards, Commissions, and Committees except for the Planning and Finance Commissions.
RECOMMENDATION:
Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and, due to health and safety concerns for the public, authorizing the use of hybrid meetings for the Town Council and the continued use of virtual meetings for Boards and Commissions while Town staff makes the necessary arrangements to transition to in-person meetings for all Town Boards, Commissions, and Committees except for the Planning and Finance Commissions.
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.
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
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: February 14, 2023
BACKGROUND (continued):
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 and state or local officials recommend social distancing. Through December, the County of Santa Clara recommended social distancing at public meetings and rescinded that public health order in late December 2022. Given the continued spread of COVID-19 and variants, the Town Council recommends continued social distancing.
DISCUSSION:
The Town Council is continuing to provide a remote participation option in addition to inperson meetings. Staff is now transitioning all Town Board, Commission, and Committee meetings to in-person meetings with the exception of the Planning and Finance Commissions per the Council’s recent approval of modifications to the Town Council Agenda Format Policy.
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 that state or local officials continue to impose or recommend measures to promote social distancing. The Governor is expected to lift the state of emergency at the end of February at which time this Resolution will no longer be in effect.
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
June 21, 2022 adopted Resolution 2022-037
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: February 14, 2023
DISCUSSION (continued):
July 12, 2022 adopted Resolution 2022-048
August 2, 2022 adopted Resolution 2022-050
August 16, 2022 adopted Resolution 2022-055
September 6, 2022 adopted Resolution 2022-056
September 20, 2022 adopted Resolution 2022-059
October 4, 2022 adopted Resolution 2022-060
October 18, 2022 adopted Resolution 2022-065
November 1, 2022 adopted Resolution 2022-068
November 15, 2022 adopted Resolution 2022-070
December 6, 2022 adopted Resolution 2022-073
December 20, 2022 adopted Resolution 2022-076
January 17, 2023 adopted Resolution 2023-002
February 7, 2023 adopted Resolution 2023-008
CONCLUSION:
Staff recommends that Town Council 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. The Town Council is conducting hybrid meetings and staff is working to prepare for a transition to in-person meetings for all Town Boards, Commissions, and Committees with the exception of hybrid meetings for the Planning Commission and Finance Commission per the Council’s recent approval of modifications to the Town Council Agenda Format Policy.
COORDINATION:
This report was coordinated with the Town Attorney and Town Manager’s offices.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
1 of 3
Resolution 2023- DATE
ATTACHMENT 1
DRAFT RESOLUTION 2023-
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
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
2 of 3
Resolution 2023- DATE
ATTACHMENT 1
public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, given the continued spread of COVID-19 and variants, the Town Council recommends maintaining measures to promote social distancing; 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; and
WHEREAS, the Town Council has considered all information related to this matter, including the associated staff report and other information relating to COVID-19 provided at prior public meetings of the Town Council; and
WHEREAS, the Town Council wishes to conduct hybrid meetings, at which members of the public have the option to participate remotely, and to transition to in-person meetings for the Town’s Boards, Commissions, and Committees with the exception of the Planning and Finance Commissions; and
WHEREAS, the Town Council wishes 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 may present risksto the health orsafety of attendees of in-person meetings of this legislative body and all Town advisory bodies within the meaning of California Government Code section 54953(e)(1).
3. Under the present circumstances, including the risks mentioned in the preceding paragraph, attendeesmay wish to participate in Town meetings remotely.
4. As authorized by Assembly Bill 361, the Town Council wishes to conduct hybrid meetings and to transition to in-person meetings for the Town’s Boards, Commissions, and Committees except for the Planning and Finance Commissions.
3 of 3
Resolution 2023- DATE
ATTACHMENT 1
5. Staff are directed to take all actions necessary to implement this Resolution for all Town Council meetings and Town Board, Commission, and Committee meetings on a rolling basis, 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 21th day of February 2023, 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: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2022
ITEM NO: 5
DATE: February 16, 2022
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code Regarding Town-Initiated Parcel Mergers
RECOMMENDATION:
Adopt an Ordinance (Attachment 1) amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding Town-initiated parcel mergers.
DISCUSSION:
On February 7, 2023, Town Council considered and voted to Introduce and waive the first reading of a proposed Ordinance amending Chapter 24 (Subdivision Regulations) and Chapter 29 (Zoning Regulations) of the Town Code regarding Town-initiated parcel mergers. The purpose of the amendment is to bring the Town Code into conformance with the State Subdivision Map Act, which preempts local legislation, regarding the circumstances under which the Town can initiate a parcel merger. Adoption of the attached Ordinance (Attachment 1) is the final step to amend the Town’s Municipal Code. If adopted, the Ordinance will take effect 30 days after its adoption.
COORDINATION:
The Town Attorney’s Office, Town Manager’s Office, and the Community Development Department coordinated this report.
FISCAL IMPACT:
The proposed Ordinance will not affect the Town’s Budget.
PAGE 2 OF 2
SUBJECT: Town Code Amendment Regarding Town-Initiated Parcel Mergers/A-22-003 DATE: February 21, 2023
ENVIRONMENTAL ASSESSMENT:
Because the proposed Ordinance reflects State law, will not result in a change in the physical environment, and is not a project defined under CEQA, no further action is required (Public Resources Code Section 21065).
Attachment:
1. Lot Merger Ordinance
1 of 3
Ordinance Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 24, “SUBDIVISION REGULATIONS,” AND CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE REGARDING TOWN-INITIATED PARCEL
MERGERS
WHEREAS, Town Code Section 29.10.070 currently addresses lot mergers for lots that do not conform with the Town’s requirements;
WHEREAS, Section 29.10.070(b) currently provides that “any parcels under the same or substantially the same ownership that do not meet the [Town’s] criteria . . . shall be considered merged;”
WHEREAS, The State Subdivision Map Act (Map Act) governs in the area of subdivisions and preempts local ordinances with regard to lot mergers; WHEREAS, The Town Code currently conflicts with, and is preempted by, State law; and WHEREAS, Staff is proposing an ordinance to amend the Town’s subdivision ordinance to conform with State law regarding lot mergers.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Town Code Section 29.10.070, “Lot Merger,” is repealed.
SECTION II. A New Section 24.10.080, “Town-Initiated Parcel Merger,” is added to Chapter 24, “Subdivision Regulations,” of the Town Code to read as follows:
“(a) The Town may initiate a merger of a parcel with a contiguous parcel held by the same owner if any one of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance applicable to the parcel and if, in accordance with Government Code Section 66451.11, all of the following requirements are satisfied:
(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel. (2) With respect to any affected parcel, one or more of the following conditions exists:
ATTACHMENT 1
2 of 3
Ordinance Council Meeting Date
a. Comprises less than 5,000 square feet in area at the time of the determination of merger;
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c. Does not meet current standards for sewage disposal and domestic water supply;
d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
f. Its development would create health or safety hazards; or g. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (b) Before initiating a parcel merger, the Town will notify the owner of the affected parcels and provide the owner with the opportunity for a public hearing. The public hearing will be conducted by the Planning Commission. The decision of the Planning Commission may be appealed to the Town Council within ten days of the decision of the Planning Commission. The decision of the Town Council shall be final.” SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IV. Publication.
The Town Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
3 of 3
Ordinance Council Meeting Date
SECTION V. CEQA.
Adopting this ordinance addressing Town initiated lot mergers is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of February 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 21st day of February 2023. This ordinance takes effect 30 days after it is adopted.
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: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 6
DATE: February 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with Los Gatos Little League
RECOMMENDATION:
Authorize the Town Manager to execute a Use Agreement with Los Gatos Little League.
BACKGROUND:
Los Gatos Little League is organized and chartered under the rules of Little League Baseball, Inc. and the laws of the State of California to provide organized baseball team practice and competition for Los Gatos youth aged four (4) to fifteen (15). Los Gatos Little League has conducted baseball programs at Baggerly and Balzer Fields under contract with the Town since 1958. The previous contract expired on 6/30/2022 (Attachment 1).
In accordance with Council action taken on April 21, 2020 (item #12), Council approved the waiver of rent and utilities for 2020, 2021, and the first 6 months of 2022. The Los Gatos Little League is interested in a new use agreement under which the Little League may use Baggerly and Balzer Fields, and define the responsibility for maintenance of the fields, the responsibility for the costs related to the use of the fields, and the circumstances under which the Little League may make capital improvements to the fields.
DISCUSSION:
The proposed Use Agreement (Attachment 2) is retroactive to July 1, 2022 and focuses on the terms for exclusive use and maintenance of Balzer Field and Baggerly Field. The main proposed terms of the agreement are as follows:
PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with Los Gatos Little League
DATE: February 6, 2023
DISCUSSION (continued):
1. The term of the agreement is five years and may be extended for up to two additional fiveyear periods upon mutual written consent of the parties.
2. The Premises are defined as follows:
Baggerly Field at Blossom Hill Park, consisting of:
1. One baseball diamond, including infield and outfield grass, and dirt
2. Fences and gates surrounding the field of play
3. All portable and fixed bleachers
4. One electronic scoreboard
5. One flagpole
6. Restrooms, snack shack building (includes one storage room and 2 bathrooms)
7. Two dugouts
Balzer Field at 41 Miles Avenue, consisting of:
1. One baseball diamond, including infield and outfield grass, and dirt
2. Fences and gates surrounding the field of play
3. All portable and fixed bleachers
4. One electronic scoreboard
5. One flagpole
6. One batting cage
7. Restrooms, snack shack building (includes one storage room and 2 bathrooms)
8. Two dugouts
3. Exclusive use of Balzer Field and Baggerly Field during the following periods:
January 1 to January 31:
1. Saturdays and Sundays from the time of opening of the Premises pursuant to the policies and procedures of the Town until dusk.
February 1 to July 31:
1. Monday through Friday, from 2:30 p.m. to dusk.
2. During designated Los Gatos Unified School District Vacation Days, use will be from the time of the opening of the Premises pursuant to the policies and procedures of the Town until dusk.
3. Saturdays and Sundays, from the time of the opening Premises pursuant to the policies and procedures of the Town until dusk.
August 1 to August 31:
1. There shall be no designated exclusive use times. Use may be requested by LGLL through the Town and, granted if the Premises are available.
PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with Los Gatos Little League
DATE: February 6, 2023
DISCUSSION (continued):
September 1 to October 31:
1. Monday through Friday, from 2:30 p.m. to dusk.
2. During designated Los Gatos Unified School District Vacation Days, use will be from the time of the opening of the Premises pursuant to the policies and procedures of the Town until dusk.
3. Saturdays and Sundays, from the time of the opening of the Premises pursuant to the policies and procedures of the Town, until dusk.
November 1 to December 31:
1. There shall be no designated exclusive use times. Use may be requested by LGLL through the Town and, granted if the Premises are available.
Baggerly and Balzer fields will remain unlocked and available for public use during LGLL nonexclusive use periods.
4. Los Gatos Little League shall pay the Town of Los Gatos an Annual Use Fee of $6,600 for the use of the Premises.
5. Los Gatos Little League shall pay the Town of Los Gatos a Facility Maintenance Fee (FMF) for each participant in programs or classes offered by LGLL on Town premises and will be charged four ($4.00) per class or program.
6. Los Gatos Little League will be responsible for the maintenance of the facilities excluding the parking lots and restroom areas.
7. Los Gatos Little League will pay for half of any Capital Improvements deemed necessary by the Town, with a maximum cap of $25,000. Los Gatos Little League may make these payments in increments of $5,000.
CONCLUSION:
Staff is recommending that the Town Council authorize the Town Manager to execute the Use Agreement between the Town of Los Gatos and Los Gatos Little League (Attachment 2).
FISCAL IMPACT:
Approval of the use agreement for the use of Balzer Field and Baggerly Field will result in an annual revenue of $6,600 and beginning July 1, 2023, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San
PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with Los Gatos Little League
DATE: February 6, 2023
FISCAL IMPACT (continued):
Francisco-Oakland-San Jose, 1982-84-100 Index plus $4.00 per participant per class or program.
Payments will be made to the Town of Los Gatos by the Los Gatos Little League on an annual basis.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
Attachments:
1. Prior Use Agreement
2. Proposed Use Agreement between Town of Los Gatos and Los Gatos Little League.
ATTACHMENT 1
ATTACHMENT 2
Use Agreement
Los Gatos Little League
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
LOS GATOS LITTLE LEAGUE
THIS AGREEMENT is dated for identification this 1st day of July 2022 and is made by and between TOWN OF LOS GATOS, State of California (“Town”) and LOS GATOS Little League (“LGLL”) identified as a nonprofit organization and whose address is 1190 Saratoga Avenue, San Jose, California 95129.
I. RECITALS
1.1 Town is the owner of two (2) baseball facilities, one located in Blossom Hill Park, commonly known as Baggerly Field, and one located at 41 Miles Ave, commonly known as Balzer Field.
1.2 LGLL is chartered under the rules of Little League Baseball, Inc, and the laws of the State of California, to provide organized baseball team practice and competition for Los Gatos youth aged four (4) to fifteen (15).
1.3 LGLL has conducted baseball programs at Baggerly and Balzer Fields under contract with the Town since 1958.
1.4 Town and LGLL each desire LGLL to continue to conduct its programs at Baggerly and Balzer Fields.
1.5 Town and LGLL each desire a new agreement setting forth the specific terms and conditions under which LGLL may use Baggerly and Balzer Fields, responsibility for maintenance of the fields, responsibility for the cost related to the use of the fields, and the circumstances under which LGLL may make capital improvements to the field.
II. AGREEMENTS
2.1 Subject Premises. The Premises covered by this Agreement are depicted in Exhibit A and are as follows:
Baggerly Field at Blossom Hill Park, consisting of:
1. One baseball diamond, including infield and outfield grass, and dirt
2. Fences and gates surrounding the field of play
3. All portable and fixed bleachers
4. One electronic scoreboard
5. One flagpole
6. Restrooms, snack shack building (includes one storage room and 2 bathrooms)
7. Two dugouts
ATTACHMENT 2
Use Agreement
Los Gatos Little League
Balzer Field at 41 Miles Avenue, consisting of:
1. One baseball diamond, including infield and outfield grass, and dirt
2. Fences and gates surrounding the field of play
3. All portable and fixed bleachers
4. One electronic scoreboard
5. One flagpole
6. One batting cage
7. Restrooms, snack shack building (includes one storage room and 2 bathrooms)
8. Two dugouts
2.2 Use of Premises. LGLL shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, depicted in Exhibit A and are as follows:
January 1 to January 31:
1. Saturdays and Sundays from the time of opening of the Premises pursuant to the policies and procedures of the Town until dusk.
February 1 to July 31:
1. Monday through Friday, from 2:30 p.m. to dusk.
2. During designated Los Gatos Unified School District Vacation Days, use will be from the time of the opening of the Premises pursuant to the policies and procedures of the Town until dusk.
3. Saturdays and Sundays, from the time of the opening Premises pursuant to the policies and procedures of the Town until dusk.
August 1 to August 31:
1. There shall be no designated exclusive use times. Use may be requested by LGLL through the Town and, granted if the Premises are available.
September 1 to October 31:
1. Monday through Friday, from 2:30 p.m. to dusk.
2. During designated Los Gatos Unified School District Vacation Days, use will be from the time of the opening of the Premises pursuant to the policies and procedures of the Town until dusk.
3. Saturdays and Sundays, from the time of the opening of the Premises pursuant to the policies and procedures of the Town, until dusk.
November 1 to December 31:
1. There shall be no designated exclusive use times. Use may be requested by LGLL through the Town and, granted if the Premises are available.
Baggerly and Balzer fields will remain unlocked and available for public use during LGLL non-exclusive use periods.
Town has the final say in establishing the master schedule. Town will attempt to accommodate user groups at their requested time but reserves the right to propose use hours that balance the needs of all user groups equitably.
ATTACHMENT 2
Use Agreement
Los Gatos Little League
2.3 Term of Agreement. Unless terminated sooner pursuant to Section 4.3 of this Agreement, the Use Agreement remains in effect from July 1, 2022 through June 30, 2027. The term of this Agreement may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2.4 Maintenance. LGLL shall be fully responsible for maintaining the Premises, excluding the restrooms, and parking lots. LGLL shall pick up and dispose of the litter, trash, and recyclables in the restrooms and parking areas during the hours of exclusive use of the Premises as described in Sections 2.1 and 2.2 above. The maintenance of the playing facilities shall include but is not limited to cutting, fertilizing, watering, weed control, irrigation repairs, and modifications, replacing grass areas, dragging and filling holes in dirt areas, repairing and replacing premises fencing and backstops, and maintaining/replacing electronic scoreboards and bleachers. Town shall have the right to approve any vendor used by LGLL for landscape maintenance. LGLL shall submit information to Town about any proposed landscape maintenance vendor not less than 60 days prior to changing landscape maintenance companies. The snack shack shall be maintained in a clean and sanitary condition and shall comply with all Santa Clara County Health Department regulations pertaining to food services. Trash and recyclables must be properly disposed of. At no time during this contract shall LGLL make any changes to the security or modifications to Town owned structures without the consent of Town representatives.
This includes and is not limited to interior/exterior locks, walls, and doors.
2.5 Capital Improvements and Repairs. LGLL shall not undertake any capital repairs or improvements to the Premises without first obtaining the written consent of Town and without obtaining all permits and approvals as required by Town Code, policies, and guidelines, or as otherwise required by law.
Should it become necessary to make any capital repairs or improvements to the common buildings (restroom/snack shack) of the Premises, including roof or plumbing repairs or replacement, LGLL shall pay its proportional share of the cost which is hereby agreed to be fifty percent (50%), but shall not exceed a total of twenty-five thousand dollars ($25,000) over the initial term of this Agreement or any subsequent term. In the event that the cost of any capital repair or improvement exceeds five thousand ($5,000), LGLL may make periodic payments of the amount in excess of five thousand ($5,000) over the remaining term of this Agreement until the full amount has been paid. In no event shall any periodic payment be made in an amount less than five thousand ($5,000) per year or the full amount not be paid. The necessity of such repairs or replacement shall be determined at the sole discretion of the Town, which shall provide LGLL with sixty (60) days written notice of its intent to undertake any such project. Town shall make all efforts to schedule repairs and replacements at dates and times that will minimize the impact on LGLL’s operations, which shall include consulting with LGLL prior to scheduling any such work.
LGLL shall cooperate fully and reasonably with Town’s efforts to complete repairs or replacements. Town shall invoice LGLL for its share of repair or replacement cost, which shall be paid by LGLL within thirty (30) days of the invoice date.
ATTACHMENT 2
Use Agreement
Los Gatos Little League
In no event shall Town be responsible for the cost of any capital improvements or repairs to the Premises other than to the common buildings described herein. LGLL shall be solely responsible for all damage to the Premises or other property, whether real or personal, including broken glass, resulting in any way from LGLL’s use of Premises. LGLL shall report to the Town the occurrences of all such damage within twenty-four (24) hours of occurrence or knowledge by the licensee, or, in the case of damage occurring between 5:00 p.m. on Friday through the dusk the following Saturday, by no later than 9:00 a.m. the following Monday. LGLL shall not be responsible for any damage to the Premises that occurs not related in any manner to LGLL’s use of the Premises.
Any capital improvements or repairs, whether undertaken or paid for in part by Town or LGLL, shall be the sole property of the Town and shall remain with the Premises upon expiration or termination of this Licensee.
2.6 Annual Use Fee. Beginning July 1, 2022, and every year thereafter, LGLL shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $6,600. The Annual Use Fee shall be considered full and fair compensation for the exclusive use of the facility for those days and times indicated on the Annual Schedule.
On July 1, 2023, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-OaklandSan Jose, 1982-84-100 Index.
2.6 Facility Maintenance Fee. Beginning July 1, 2022, and continuing for the full term of this agreement, including any extensions, each participant in programs or classes offered by LGLL on Town premises will be charged a four ($4.00) Facility Maintenance Fee (FMF) per season. The Facility Maintenance Fee shall be assessed by LGLL at the time of registration or any payment of program fees and shall be retained by LGLL in a separate account and remitted to the Town annually in conjunction with payment of the Annual Use Fee, no later than November 1 of each year this agreement is in force. Participants shall be charged an FMF for each distinct season at which registration and fees are typically collected by LGLL.
2.7 Payment. LGLL shall make all payments required pursuant to this Agreement, whether or not invoiced by Town, no later than November 1 of each year payments are due. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows:
Town of Los Gatos
Attn: Finance Department
P.O. Box 697
Los Gatos, California 95031
2.8 Assignment. LGLL shall not assign any portion of this Agreement or allow the use of the Premises by any other person or entity contrary to the terms of this Agreement, without
ATTACHMENT 2
Use Agreement
Los Gatos Little League
the prior written approval of Town. LGLL is expressly prohibited from use of the Premises for any activity other than actives sanctioned and associated with LGLL.
2.9 Personal Property. Personal property of LGLL shall be LGLL’s sole responsibility to acquire, repair, replace and store. LGLL shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. LGLL agrees to have and maintain for the duration of this Agreement, General Liability insurance policies insuring LGLL, its elected and appointed officials, employees, and agents to an amount not less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage. Insurance is to be placed with insurers with a current Best’s rating of no less than B+. ii. LGLL agrees to have and maintain for the duration of this Agreement, an Automobile Liability insurance policy insuring the LGLL, its elected and appointed officials, employees, and agents to an amount not less than one million ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. LGLL shall provide to the Town all certificates of insurance, with original endorsements affecting coverage. LGLL shall provide all certificates and endorsements before the term of the Agreement begins.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as additional insured with respect to liability arising out of activities occurring on or related to the occupancy and use of the Premises by LGLL.
ii. LGLL insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the Town, its elected and appointed officials, employees, or agents shall be in excess of the LGLL’s insurance and shall not contribute to it.
iii. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Town, its elected or appointed officials, employees, or agents.
ATTACHMENT 2
Use Agreement
Los Gatos Little League
iv. LGLL 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, canceled, 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. The LGLL shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement.
3.3 Workers’ Compensation. Workers’ Compensation. In addition to these policies, LGLL shall have and maintain Workers’ Compensation insurance as required by California law.
Further, LGLL shall ensure that all contractors employed on the Premises by the LGLL provide the required Workers’ Compensation insurance for their respective employees.
3.4 Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. LGLL shall be solely responsible for obtaining whatever insurance coverage that LGLL believes may be appropriate to protect and indemnify LGLL for loss to the Premises or to any personal property that LGLL may place on the Premises.
3.5 Indemnification. LGLL agrees to indemnify, hold harmless, and defend the Town, its elected and appointed officials, employees, and agents, from and against any and all damages, claims or liability, penalties, costs, or expenses in law or equity that may at any time arise from any loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the LGLL’s use of the Premises, including use by anyone that the LGLL has permitted or allowed to use the Premises. This obligation to indemnify, hold harmless, and defend applies whether or not the incident or claim or liability is or may be related to negligence on the part of the Town.
IV. GENERAL TERMS
4.1 Damage and Destruction. Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Section 4.1.
If because of the destruction or damage to the Premises, the Premises is entirely unsuitable or inadequate for the use specified herein, the Town and/or LGLL shall be entitled to terminate the Agreement.
Under no circumstances does the Town have any obligation to provide LGLL with an alternative property to conduct its operations, and LGLL is solely responsible for obtaining such insurance as LGLL deems appropriate to protect its interests should damage or destruction to the Premises occur.
ATTACHMENT 2
Use Agreement
Los Gatos Little League
LGLL shall be liable for any loss, damage or injury to the field and/or Premises as a result of the direct or indirect use of the Premises by LGLL under this agreement.
4.2 Facilities Use Policies. LGLL shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. LGLL shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Attachment A, Town of Los Gatos Park Rules and Regulations. LGLL agrees to apply with the current rules and regulations available at www.losgatosca.gov/parkres as well as any future amendments to those rules and regulations. Failure to comply with these policies may result in suspension and/or termination of this Agreement.
LGLL agrees to comply with the state “Fair Play in Community Sports Act.” LGLL will not discriminate on the basis of gender and boys’ and girls’ teams will have equal access to the
4.3 Termination of Agreement. LGLL shall promptly terminate its use of the Premises at the termination of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear, and damage by the elements excepted. All improvements and alterations made by LGLL shall become the property of the Town upon the termination of the Agreement without compensation by the Town.
Any personal property not removed by LGLL within thirty (30) days of the termination of this Use Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.
This Agreement shall continue in full force and effect unless prior to February 1st of any calendar year, either Party provides written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate on June 30th of the same calendar year.
If Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon one hundred eighty (180) days written notice. In the event of an emergency, Town may terminate this Agreement upon five (5) days written notice. “Emergency,” for the purpose of this paragraph, is defined as when the Town Council declares the State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and LGLL will work cooperatively to develop a written plan for the transition of services and vacation of Premises by LGLL.
In the event of any material default or breach by LGLL, Town may at any time thereafter, following any notice required by statute, and without limiting Town in the exercise of any right or remedy which may have a reason of such default or breach:
Terminate LGLL’s right to possession of the Premises by any lawful means, in which case this Agreement shall terminate and LGLL shall immediately surrender possession of the
ATTACHMENT 2
Use Agreement
Los Gatos Little League
Premises to Town. In such event, Town shall be entitled to recover from LGLL any damages incurred by Town by reason of LGLL’s default including but not limited to: the cost of recovering possession of the Premises and reasonable attorneys’ fees.
Pursue any other remedy now or hereafter available to Town under the laws of the State of California. Town shall have all remedies provided in law and equity.
LGLL waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179 and any other present, and future law, in the event LGLL is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by LGLL.
If LGLL fails to remove any personal property belonging to LGLL from the Premises after forty-five (45) days of the expiration or termination of this Agreement, such property shall at the option of the Town be deemed to have been transferred to Town. Town shall have the right to remove and dispose of such property without liability to LGLL or to any person claiming under LGLL, and the Town shall have no need to account of such property.
4.4 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to LGLL any form of property rights in the Premises, nor shall such rights be established, conveyed, created, or otherwise granted by LGLL’s use of the Premises pursuant to the Agreement. LGLL hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures location thereon and that any claim it may have to same is hereby and forever waived.
4.5 Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:
To Los Gatos Little League: To the Town:
President Director
Los Gatos Little League Department of Parks and Public Works 1190 Saratoga Avenue Town of Los Gatos
San Jose, CA 95129 41 Miles Avenue
Los Gatos, CA 95030
Notices shall be delivered by first class, postage prepaid mail, or in person. If mailed, a notice shall be deemed effective on the fifth day following in the U.S. Mail.
4.6 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 License Agreement.
4.7 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and LGLL. No terms, conditions, understanding, or
ATTACHMENT 2
Use Agreement
Los Gatos Little League
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 LGLL have executed this Use Agreement.
Town of Los Gatos:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Los Gatos Little League:
President
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 7
DATE: February 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club
RECOMMENDATION:
Authorize the Town Manager to execute a Use Agreement with West Valley Red Hawks Lacrosse Club.
BACKGROUND:
West Valley Red Hawks Lacrosse Club (Red Hawks) is a non-profit, club-sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area. Red Hawks is an affiliate of the Northern California Junior Lacrosse Association (NCJLA) and as such, its coaches, players, officials, and parents are required to abide by the United States Lacrosse “Code of Conduct” that embodies basic common-sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park. The Town entered into an agreement with Red Hawks on 7/16/2014 (Attachment 1) and this agreement expired on 6/30/2020.
In accordance with Council action taken on April 21, 2020 (item #12), use charges were waived during 2020, 2021, and the first 6 months of 2022. A contract renewal was not executed during that period.
The Red Hawks are interested in continuing to use the Creekside Sports Park. Should the Town Council agree, the draft agreement (Attachment 2) includes hours of use; responsibility for
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club
DATE: February 6, 2023
BACKGROUND (continued):
maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures; storage of Red Hawks goods and equipment; and other related items. These terms are similar to past agreements with Red Hawks for Creekside.
DISCUSSION:
This Use Agreement is retroactive to July 1, 2022 and focuses on the terms for exclusive use at Creekside Sports Park.
The main proposed terms of the agreement are as follows:
1. The term of the agreement is five years and may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions.
3. Red Hawks shall pay the Town of Los Gatos an Annual Use Fee of $6,500 for the use of the Premises.
4. Red Hawks shall pay the Town of Los Gatos a Facility Maintenance Fee (FMF) of $4.00 per participant per program or class offered by Red Hawks at Creekside Sports Park
5. Red Hawks shall perform maintenance as set forth in the Maintenance Responsibilities section of the Agreement.
6. Red Hawks shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions.
Red Hawks shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Town of Los Gatos Park Rules and Regulations and Town of Los Gatos Creekside Sports Park Special Use Policies.
Creekside Sports Park offers a large artificial turf field for year-round sporting activities and events. This agreement will allow the Red Hawks the ability to utilize 20% of the available hours at Creekside while Los Gatos United Soccer League’s agreement allows them the ability
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club
DATE: February 6, 2023
DISCUSSION (continued):
to utilize 80% of the available hours at Creekside. When the two sports clubs are not using the field, Creekside is open to the public.
CONCLUSION:
Staff is recommending that the Town Council authorize the Town Manager to execute a Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club.
FISCAL IMPACT:
Approval of the use agreement with Red Hawks for the use of Creekside Sports Park would result in annual revenue of $6,500 and on July 1, 2023, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index, plus $4.00 per participant per class or program. Payments will be made to the Town of Los Gatos by Red Hawks on an annual basis.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
Attachments:
1. Prior Use Agreement
2. Proposed Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club
AGR ( 8.258
IHH tq. QLf0
FIRST AMENDMENT
TO
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY RED HAWKS LACROSSE CLUB
FOR USE OF THE LOS GATOS CREEKSIDE SPORTS PARK
This FIRST AMENDMENT to USE AGREEMENT is entered into this 171 day of May, 2018, by and between the TOWN OF LOS GATOS, State of California ( " Town "), and WEST VALLEY RED HAWKS LACROSSE CLUB, a California nonprofit corporation ( " Red Hawks ").
RECITALS
A. Town and Red Hawks entered into a Use Agreement on July 16, 2014, for use of the Los Gatos Creekside Sports Park, a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town and Red Hawks mutually desire to extend the term ofthe existing Use Agreement for one three -year period.
FIRST AMENDMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The term of this Agreement shall be extended for one additional three -year term as outlined in section 3 of the Use Agreement from July 1, 2017 through June 30, 2020.
2. All other Terms and Conditions of the Use Agreement shall remain in effect.
IN WITNESS WHEREOF:
Town of Los Gatos, by: West Valley Re ,
awI c sse Club, by:
Vtal
I
att Morley
Work:
Approved as to Form_ Attest:
Laurel Prevetti, Town Manager
Recommended by:
Director of Parks and Public
Signature
Tyler Bell, resident, West Valley Red Hawks
Print Name and Title
Rob Schultz, Tow ttomey Shelly Neis, Clerk r
nOWE
First Amendment to Use Agreement Red Hawks Page I of 1
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
WEST VALLEY RED HAWKS LACROSSE CLUB
CLERK DEPA10 MENT
AGR tA \ l`
illll
ORt3
REC
RESQ,_ ,__
This USE AGREEMENT is entered into this - 7&— day _ 2014, by and between the TOWN OF LOS GATOS, State of California ( " Town'), and WEST VALLEY RED HAWKS LACROSSE CLUB ( "Red Hawks")
RECITALS
A. Town is the owner of Creekside Sports Park, located at 430 University Avenue, Los Gatos, California.
B. The Red hawks is a non - profit, club sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos- Saratoga area, with boys teams ranging from 2" a through 8'" grade and girls teams from 2'a through 6" grade, which will expand to T" and 8" grade in the future.
C. Red Hawks is an affiliate of the Northern California Junior Lacrosse Association ( NCJLA) and as such, its coaches, players, officials and parents are required to abide by the United States Lacrosse " Code of Conduct' that embodies basic common sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
D. The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park.
E. Town and Red Hawks each desire an agreement between them setting forth the specific terms and conditions under which the Red Hawks may use the Creekside Sports Park, including: hours of use; responsibility for maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures, storage of Red Hawks goods and equipment; and other related items.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I . Subiect Premises. The Premises covered by this Agreement is the Creekside Sports Park, located at 930 University Avenue, Los Gatos, California. A drawing depicting the Premises is attached hereto and incorporated by reference (Attachment A).
2. Use of Premises. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on Attachment B, " Annual Schedule ". No later than October l 5th of each year this Agreement is in force, Red Hawks and Town staff shall meet to develop an Annual Schedule for the following calendar year. Town retains the right to use or authorize the use of the Premises for all dates and times not allocated to Red Hawks in the Annual Schedule.
Red Hawks may request changes to the Annual Schedule by written notification to the Department of Parks and Public Works, but shall endeavor to minimize changes to the schedule
ATTACHMENT
during each calendar year. All changes should be made in writing no less than 30 days prior to the effective date of the change. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.
3. Term of Agreement. Unless terminated sooner pursuant to Section 16 of this Agreement, this Ageement shall expire on June 30, 2017. The term of this Agreement may be extended for up to two additional three year periods upon mutual written consent ofthe parties.
4. Annual Use Fee. Beginning July 1, 2014, and every year thereafter. Red Hawks shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall he $ 5, 000. The Annual Use Fee shall be considered full and fair compensation for exclusive use of the facility for those days and times indicated on the Annual Schedule. On July 1, 2015, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consanters, San Francisco - Oakland -San Jose, 1982 -84 -101) Index.
5. Facility Maintenance Fee. Beginning July 1, 2014, and continuing for the full term of this agreement, including any extensions, each participant in the Red Hawks Lacrosse program using the Creekside Sports Park will be charged a $ 2. 00 Facility Maintenance Fee ( FMF) per season.
The Facility Maintenance Fee shall be assessed by the Red Hawks at the time of registration or and payment of program fees, and shall be retained by the Red Hawks in a separate account and remitted to the Town annually in conjunction with payment of the Annual Use Fee, no later than July 1 of each year this agreement is in force. Participants shall be charged a FMF for each distinct season at which registration and fees are typically collected by the Red Hawks.
FMF revenue received by the Town from the Red Hawks shall be used solely to fund the cost of maintenance and operations of the Premises.
6. Additional Annual Use Fee Adjustment, Should Red Hawks increase or decrease its requested hours of use as set forth in Attachment B, Annual Schedule, by 5% or more, the Annual Use Fee shall he adjusted proportionally based on the percentage change in hours. In no case shall the Annual Use Fee be decreased by more than 10% below the initial Annual Use Fee set forth in Section 4.
Maintenance. Red Hawks shall be responsible for the maintenance responsibilities set forth in Attachment C, Maintenance Responsibilities.
Facility Use Policies Red Hawks shall comply, without limitation, to all applicable provisions of the Los Gatos Town Code, with special attention to the provisions of Chapter 19, Parks and Recreation. Red Hawks shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19. 10. 025( 17) of the Town Code, including those rules set forth in Attachment D, Town of Los Gatos Park Rules and Regulations. and Attachment E, Town of Los Gatos Crcekside Sports Park Special Use Policies. Failure to comply with these policies may result in suspension and/or termination of this agreement. 9, lament. Red Hawks shall make all payments required pursuant to this Agreemem whether or not invoiced by Town, no later than July I of each year payments are due. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows:
Town of Los Gatos Finance Department
P. O. Box 655
Los Gatos, California 95030
10. Assi mnent. Red Hawks shall not assign any portion of this Agreement, or allow any use of the Premises by any other person or entity contrary to the terms of this Agreement, without prior written approval of Town. Red Hawks is expressly prohibited from use of the Premises for any activity other than actives sanctioned and associated with Red Hawks.
H. Personal Property. Personal property of Red Hawks shall be Red Hawks' sole responsibility to acquire, repair, replace and store. Red Hawks shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation.
12. Insurance.
a) Minimum Scope of Insurance:
i) Red Hawks agrees to have and maintain, for the duration of the contract. General Liability insurance policies insuring the Red Hawks, its officers and employees 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. Insurance is to be placed with insurers with a current Best' s rating of no less than B +. ii) Red Hawks agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring the Red Hawks, its officers and employees to an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage. iii) Red Hawks shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Red Hawks shall provide all certificates and endorsements before tens of Agreement begins.
b) General Liability:
i) The Town, its officers, employees and volunteers are to be covered as additional insured as respects to liability arising out of activities occurring on or related to the occupancy and use of the Premises by the Red Hawks.
ii) The Red Hawks insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the Town, its officials, employees or volunteers stall be excess of the Red Hawks 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 Red Hawks 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.
c) All Coverages. Each insurance policy required in this Paragraph 12 shall be endorsed to state that coverage shall not be suspended, voided, canceled, 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. The Red Hawks shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement. d) Workers' Compensation. In addition to these policies. Red Hawks shall have and maintain Workers' Compensation insurance as required by California law. Further, Red Hawks shall ensure that all contractors employed on the Premises by the Red Hawks provide the required Workers' Compensation insurance for their respective employees. e) Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. Red Hawks shall be solely responsible for obtaining whatever insurance coverage that the Red Hawks believes may be appropriate to protect and indemnify the Red Hawks for loss to the Premises or to any personal property that the Red Hawks may place on the Premises.
13. Indemnification. Red Hawks agrees to indemnify. hold harmless, and defend the Town, its officers, employees, volunteers, and agents, from and against any and all damages, claims or liability, penalties, costs or expenses in law or equity that may at any time arise from any loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the Red Hawks' use of the Premises. including use by anyone that the Red Hawks has permitted or allowed to use the Premises. This obligation to indemnify, hold harmless, and defend applies whether or not the incident or claim or liability is or may be related to negligence on the part of the Town.
14. Damage and Destruction.
a) Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Paragraph 13.
b) If because of the destruction or damage to the Premises. the Premises is entirely unsuitable or inadequate f'or the use specified herein, Red Hawks shall be entitled to a pro rata rebate ofthe fee paid to the Town calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in Attachment A, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the date of the damage or destruction of the Premises.
c) Under no circumstances does the Town have any obligation to provide the Red Hawks with an alternative property to conduct its operations, and the Red Hawks is solely responsible for obtaining such insurance as the Red Hawks deems appropriate to protect its interests should damage or destruction to the Premises occur.
d) Red Hawks shall he liable for any loss, damage or injury to the field and/ or Sports Park premises as a result of the direct or indirect use of the premises by Red Hawks under this agreement.
15. Compliance with Town Code. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreation.
16. Termination.
a) Should Town terminate prior to the end of the term of this Agreement, Red Hawks shall be entitled to a pro rata rebate ofthe Annual Use Fee calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in Attachment B, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the effective date oftemtination. b) Red Hawks shall promptly terminate its use of the Premises at the termination of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. All improvements and alterations made by the Red Hawks shall become the property of the Town upon termination of the Agreement without compensation by Town. Any personal property not removed by the Red Hawks within thirty ( 30) days of the termination of this License Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.
c) This Agreement shall continue in full force and effect unless prior to February 1" of any calendar year, either Party provides written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate on June 30' h of the same calendar year.
d) if Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon one hundred eighty ( 180) days written notice. In the event of an emergency, Town may terminate this Agreement upon five ( 5) days written notice. " Emergency," for the purposes of this paragraph, is defined as when the Town Council declares a State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and Red Hawks will work cooperatively to develop a written plan for transition of services and vacation of Premises by Red Hawks. e) In the event of any material default or breach by Red Hawks, Town may at any time thereafter, following any notice required by statute, and without limiting Town in the exercise of any right or remedy which may have reason of such default or breach:
a. Terminate Red Hawks' right to possession ofthe Premises by any lawful means, in which case this Agreement shall terminate and Red Hawks shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from Red Hawks any damages incurred by Town by reason of Red Hawks' default including but not limited to: the cost of recovering possession of the Premises and reasonable attorneys' fees.
b. Pursue any other remedy now or hereafter available to Town under the laws of the State of California. Town shall have all remedies provided in law and equity. f) Red Hawks waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present and future law, in the event Red Hawks is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach ofthis Agreement by Red Hawks. g) If Red Hawks fails to remove any personal property belonging to Red Hawks from the Premises after forty -five ( 45) days of the expiration or termination of this Agreement, such
property shall at the option ofthe Town be deemed to have been transferred to Town. Town shall have the right to remove and to dispose of such property without liability to Red Hawks or to any person claiming under Red Hawks, and the Town shall have no need to account for such property.
17. No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to Red Hawks any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by Red Hawks' s use of the Premises pursuant to this Agreement. Red Hawks hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures location thereon, and that any claim it may have to same is hereby and forever waived.
18. Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:
To the Red Hawks: To the Town:
President
West Valley Red Hawks Lacrosse Club
126 Twin Oaks Drive
Los Gatos, CA 95032
Director
Department of Parks and Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Notices shall be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall be deemed effective on the fifth day following deposit in the U. S. Mail.
19. 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 License Agreement.
20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and Red Hawks. No terms, conditions, understanding 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:
Town of Los Gatos, by:
Greg Lars n, Town Manager
Approved ass
too
Form:
Robert Schultz, Town Attomc
West Valley Red Hawks Lacrosse Club, by:
Signature
eL 1 K. Y 1,I ° P.- llft
Prt ll Name and Title /
Attest:
Zk\cc szl
Town Clerk QS
ATTACHMENT A
CREEKSIDE SPORTS PARK
ATTACHMENT B
ANNUAL USE SCHEDULE
fba
O
N
N
a g q
rvry
a
0 E n
O
Epp a
0 ESN a
0 ESN n
O J
Fnry
y E wY E dx E
Y EE^' -
oQUi old V
ol7V a
m ei w N m
n
v' T
Q
mN^
aIpC'
o
rl
O O
vO JO
m
av as av ov av ov v av
i o
E w° app, E w°
m m m m
aTv
r
M D N N N
o O O O
w a a s a s v a
E vv" n v' n' VOa"
p
Epsom
zzz or poop Ez oo
mt n 3lRJ Y ml7 vai tJ Vai
m
m N ttf
ON
ni ni
YI N N N
N
aCT
N
N
O
k
d
F uef - SZ Da0 OI - b uef LT - Ti uef bZ - 81 uef TF - SZ ° e( c
afb
O
N
N
N
fa
N
P
Cti
n n a a
E E a E E E E d y
ei d N
E E d
o V
V n o V d
o „ o m „ omom
r: r ^ N£
m
N N N N
C0
N ry N ry
E••- V
n a a n
3 E S r E
r
E E a RL
tl N M N
aT
a
H
M N N N
J J J J
v
A
0 o a d A p o. A
8 a` E m a C ` m
p o= U 6 J U C- O V n U p
rwwl
i
E
r
E o E o E w? o t'
00 m VAH m 3 g
O
m m
b ni M
N 01 I N
N
a
a
L
a
L - T 9adi VT - 8 9ai IZ - ST 9ai 8Z - ZZ 9ad<
c
fa
N
P
C
ti
NP.r. e7
a
0 x x x
0 0 0
E E d E v- E v y E a y
ot7b a
E
Bo V a
E
o qua
E
i
3., qpR
t7
o°
A tab
0 A
ry nry
C
In N N N N
O D O o
y a y a w w v v
AON E EIS^
E
of
E
i
a m M m N m N m Q
Caa
H
m N ni ry m
o b o 0 0
vo
H
OdddA OnddA dA pad T
Es of E EsE ofQ Es of s of
n A { y
a A$ n A o 22 0
0 vni m 5 l vni
L q
MJJ!
N
m
s
u
L
6E
L - 11 V4 VT - 9ieW TZ ST JeW 8Z- ZZ ieW bIdV - 6' MW
P.Nr. e7
a
0
fa
N
P
Cti
N
am Eao EE
v
no Eno
I% w W y e W y
r „„
m m P n
V'
EA Em Y
0o a
E E w
V a V' V o 0 V m B %E 3E $' V a
di
O N N N N
aT
TA
Q
q
n
J J
O O
U a V_ 'p U_ V a V a
ap V1O wi'
N
n:
V
Ea
y
EqL n' w
w a g a E' a S a L a
3 E c ° rS E E” E° c E a o o EE z o
O
b'
n
V'
m m m m
QC OD m N ry N
VT
W
H
J
V V U O
ry ELF Ef+.x E E"'
to
O gJVa o Va V n S V n
E z o$ E s o o E s o E z o 0
2l2uf 2
LMw
7 N
q
L
N
C N N y N
Q b AV - 6Z eW ii -SjdV 8i - 2T , dtl SZ- 6l , dtl ZAeW - 92 idV i fa
N
P
tiC
N
eaN
a
N
i
x x x
nry
T a n a
ry E E a Y E E w E E v
C 0 V
V d oU V a
n
j1p4
v. nry
CTRC
T
v N P
IA
nn
E T
nnn
m n N N N O
p
J
O
T
Im u
M> V' VxI
N 1D NI N M N M N m
N
HV7
N N NIN N N N
j
O O
ra K O r
C O Y n w O
1pJ v°i oJ vni o tpJ FL
N V N N N
L , w
O o'
N N
bN
G i/S - 9Z / b 6 - f/ S Si - OS / S ZZ - LT / S 6Z - bZ / S S/ 9 - Tf / S eNa
a
N
i
n
TS
ti
nrvn
T 3. . rvry
N
a
N O1 p
ry V1 r4 H N M
V N rl N N
T. a
0v3
o r o
w
M i r4 N
aT
N Ol ry N M
T
i
CO
C1
f N O
rwi
O T
N a
M
I m
9unf- Tf Feld £ T - C unf OZ ' CT u^ f CZ - TZ u ^ f tl^f- 8Z unf
f
Nn
ti
ry v'
Q
rn . rry
OT
mopNm M oei nN aN m
rvr4i
n
r
N Qi N N m
aT
a
3a
aFv
r
DT
O
N lD N N N
Lww C C K
T E E YY
N
E V a E V d E V n
E
a S r
E a o C E° o o £
6 b l ^ f - SZ u ^ f 11 - S Of BS - ZS Inf SZ - 61 Inf T 6nV - 9z, r c c
f
Nn
ti
ry
I£ - 9Z / L G - Z/ B VS - 6/ 8 IZ - 91/ 8 8Z - £ Z / 8 V/ 6 - 0£ /8 f
N
n
O
N
N
rry
R
3 n nnrR
H
nn
a
s
C
rn
O mm oo rr
a3dCTAv
adTH
Na
m
c
LM
N M M NN NN NN mm
N ? A A
m ss w i
J
a $ i` a oo w J
E s $ E Vu a of FF V Li i= V F
W A Q A a ¢ AA d A a
O pp pp
R
Q
R
f
N
n
O
N
N
rvm
T
n4 O3
nn
N
g 3 . rvry
F nn
N
N 0 p
r. ry
n . ern
aA
5i 4
O 1"NI N N N
E 3ry NR
nn
q
n
a
F
m-Qn
N
OV
A
d3C
an
a
N W N N N
L aT
O
N
a
W1 c
o
M
E
W
N S daS - 0£ 6 ^V ZS - 9 daS 6Z - £ i daS 9Z - OZ daS E po - LZ daS 8 Ea
N
pi
N
H
nry
CT
n
N
M r1 rl N M
Iiry nm
n rvn
T
r, rrry
f
OV pJ rNi N N
O2
93Cv
oM h eN Ni roN
T
Hd7
a+ m o r
T
O
rA
ONCC VI Ni 01ri lDN
N
L
T
N
n
V nv
O1 UO - CZ d; S - OT h PO - Ci 11 u0 - bZ K 1 0 Tf - 52 P0 EQ
NnOON
fa
Nnc
N
a
N
E0 nry
a
n° ryr
b N N N O
E
T
n - rvm
tf
N N 1p
N N H N M
aNW
ad3
Q N N N N
aWF7
ei
M M rl N
U
G
T
L ac
g
m M o
W
Ed avdY
aC
gLLU
6 A' T
W
EE
d
Z L - i ^oN PT - 8 ^ oN TZ - ST ^ oN £ Z - ZZ ^ oN 5 ADO - 6Z ^ oN ` vo fa
ncN
N
f
N
N
J
rhn aj
N
r
3 ^ rvry
N 01 D
O
n n
a- T
br- 1
hm
a
o
O N Q N
T
I
ad
c
3 va
r
Vad
T
Y ' A
aR
O
N o e
M h N N N
L
Ex Ex EY
T
d
Eov -
a
E° V —
n g a
NCB r
wt¢
Ory
Ln ' D C
OM CR
Z
M
C
b N N
C S 110 ' 6Z N ZT- 9 Da0 61 ET DaO 9Z- OZ o
Zoef - U>a0 c
f
N
N
J
ATTACHMENT
MAINTENANCE RESPONSIBILITIES
Red Hawks shall be responsible for the following:
1. Following each scheduled use, pick up and deposit in receptacles or dumpsters all recyclables, liner and trash from field, walkways, building areas and parking lot.
2. Emptying of receptacles and recycling containers on an " as- needed" basis during or following scheduled use, particularly during tournaments or other heavy use events.
3. Maintaining all lacrosse goals and associated equipment, and ensuring that they are used in a safe and secure manner.
The Town of Los Gatos shall be responsible for the following:
1. Opening and closing of premises and restrooms.
2. Cleaning and restocking of restrooms on a daily basis.
3. Providing extra liners for garbage and recycling receptacles as may be needed by Red Hawks.
4. Maintenance of building, parking lot and security lighting.
5. Landscape and irrigation maintenance.
6. Maintenance of all structures, walkways, hardscape, fencing, gates and other surfaces.
7. Field maintenance including twice -a -year relining of the field, once prior to February 20' x', and the second time at the discretion of the Town.
S. Parking lot sweeping.
9. Graffiti abatement.
ATTACHMENT' D
TOWN OF LOS GATOS
PARK RULES AND REGULATIONS
All park users shall comply with the provisions of Chapter 19, Parks and Recreation of the Los Gatos Town Code, and the these Park Rules and Regulations established by the Director of Parks and Public Works pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code General
Hours: Parks and trails are open from official sunrise to one -half hour after sunset, unless posted otherwise.
Parking at Oak Meadow Park: Residents of Los Gatos FREE all residents living in
95030 & 95032 zip codes)
Non - Residents $ 6. 00 per vehicle
includes people living in
95033 zip code)
Parking at all other Parks: Free
No Smoking
C Smoking is prohibited within any park or on any trail.
Food & Alcohol
E Beer and wine are allowed with a picnic meal but must not leave the picnic site.
C A Vehicle Escort Permit is required when a caterer delivers food to a picnic site.
G Barbecues are not allowed at Belgatos Park.
Decorations & Signs
Decorations must not interfere with other picnic sites.
Decorations must be cleaned up and removed before leaving the park.
Directional signs may be posted in designated areas, but must be removed before leaving.
No tacks, nails or staples on park signs, tables or trees.
No confetti, Egg toss or pinatas are allowed.
Dogs
A six ( 6) foot leash is required at all times and dogs must be kept under physical control.
0 Pet owners are required to immediately clean -up after their pets.
Miscellaneous
Portable BBQs (gas or charcoal) are allowed in picnic areas only.
Portable radios are allowed.
Loud music is not allowed at any hour.
Volleyball and Badminton nets are allowed.
Portable toilets are not allowed.
Petting zoos and pony rides are not allowed.
Water slides and ' Slip -n- Slides' are not allowed.
Organized sports activities are not allowed without a permit.
No golfing within any park.
No overnight camping allowed.
No sale or vending or other commercial activity except by permit.
Clean- Up
Facilities rented and used must be left in clean condition. A fee will be assessed to you for leaving the picnic area unclean or damaged.
Applicant should provide means to clean up site, including extra trash bags.
Pick -up and dispose of all trash and food waste materials at reserved park site.
Remove cans, bottles, bags, decorations, balloons, food and debris from park site.
Use trash cans.
Allow fires in barbecue pits to burn out. Do not use water because it will damage the grill and pit.
Reservations
Prior to selecting and reserving any picnic area or bandstand /gazebo, we recommend that the applicant visit the park facility in advance or view Parks & Trails Mao to obtain details of each of Town' s parks and trails, including maps and driving directions. A Park and Trails Mao is available online and at Town offices.
The Parks and Public Works Department staff will finalize your reservation request once you have completed the on -line reservation process and payment by credit card in full is received. Checks will no longer be accepted. A reservation fee will be charged for each site you reserve. If you reserve two or more sites, a fee will be assessed for each site, as applicable. Park reservations do not include parking.
Please view the Fee Schedule for current charges.
Requests to reserve a picnic area should not be submitted with less than 48 hours of advance notice prior to the requested reservation date. All reservation requests must be completed through the on -line reservation process. Reservations by phone will not be accepted.
All information collected is only for the use of the Town of Los Gatos Parks and Public Works Department for park reservations and will not be sold or shared with
outside vendors. Also be assured that all data you send as part of this reservation process is through a secure server and the data is encrypted for transmission. We do not keep any of your credit card information on our system.
Permits
Special Use Permits are required for the following:
1. Use of a group area for 25 people or more.
2. Use of a jump house at any park in Los Gatos.
3. Use of a vehicle escort at any park.
4. Use of Bocce ball Courts at Oak Meadow Park.
5. Use of Gazebo /Bandstand at Oak Meadow Park.
6. For any organized recreational activities, such as formal classes or other similar activities.
The permitee, under Town Municipal Code, Section 19.30.025, shall be bound by all park rules and regulations, and all applicable ordinances. The person to whom such permit is issued shall be liable for any loss, damage or injury sustained by the Town or by any person whomsoever by reason of the negligence of the person to whom such permit shall have been issued.
Special Use Permit is approved by the Parks & Public Works Department upon review of reservation request and payment of applicable deposit.
Use of a disc jockey ( DJ) at the Gazebo /Bandstand at Oak Meadow Park is allowed only after receiving a Special Events Permit from the Los Gatos -Monte Sereno Police Department. The Police Department number is ( 408) 354 -8600.
An insurance certificate in the amount of $ 1 million, naming the Town of Los Gatos, its Council members, Boards, Commissions, employees and agents as additionally insured is required for groups of over 100 people ( reservations for events such as weddings, reunions and company picnics).
Permits cannot be transferred, assigned or sublet.
Jump Houses
Use of a jump house requires a Special Use Permit. At Oak Meadow Park, a Special Use Permit for jump houses can be requested only if the associated picnic area is reserved concurrently.
Jump houses can be rented only from companies that have provided proof of liability insurance naming the Town of Los Gatos as the additional insured. The following companies have registered with the Clerk' s Office and have provided the required certificate:
Astro Events & Jump ( 800) 300 -0922
Bali Baly Jump ( 408) 226 -2706
Jump For Fun ( 800) 281 -6792
Bay Area Jump ( 800) 514 -5867
Jump For Joy ( 800) 418 -5867
Any jump house company not listed above must provide insurance to the Town of Los Gatos Clerk' s Office for consideration. A permit will not be issued to an applicant without providing proof of insurance from the vendor.
Jump houses must be hand carried in to the park and placed in the area specified by the Parks Service Officer.
No electricity is provided at the park forjump houses.
Jump houses with combined features such as a jumper and a slide and /or obstacle course, and features containing water are not allowed.
Personally owned jump houses are not allowed.
Jump house fees for residents are $95. Non - resident fees are $ 125.
A Jump House Permit does not include Picnic Area Use Permit. Each must be obtained separately.
Vehicle Escort
Individuals renting a park facility can request a staff vehicle escort to assist with the transport of supplies to /from a designated picnic area. Reservations must be made five 5) business days in advance of the event date for this service.
No vehicles are allowed beyond designated public parking lots. If an individual would like to drop off supplies or equipment beyond these areas in a vehicle, a vehicle escort is required.
Vehicle escorts conducted by a Park Service Officer must be scheduled in advance.
Vehicle escorts are not available for Picnic Areas 1, 2, & 7 at Oak Meadow Park.
ATTACHMENT E
TOWN OF LOS GATOS
CREEKSIDE SPORTS PARK SPECIAL USE POLICIES
All park users shall comply with the provisions of Chapter 19, Parks and Recreation of the Los Gatos Town Code, Park Rules and Regulations established by the Director of Parks and Public Works pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code; and these Special Rules and Regulations, also established pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code. Permitted groups have priority use and other users shall promptly vacate field upon request by permitted users
No Smoking
Smoking of any substance and use of any tobacco product, including chewing tobacco, is prohibited.
Artificial Turf Field and Warm Up Area Use
No metal cleats or spikes allowed.
No metal stakes, such as umbrellas or shade structures permitted.
No bare feet.
No spitting on artificial turf surfaces.
No vehicles allowed on field or warm -up area
No marking or painting of turf unless approved by the Town of Los Gatos.
No golfing or use of golf clubs.
No discus, hammer, javelin or other field events permitted.
Food & Beverages
No alcoholic beverages permitted within Creekside Sports Park.
No open fires, flames or portable barbecues ( gas or charcoal) permitted.
No chewing gum or sunflower seeds allowed within Creekside Sports Park.
No food or beverages allowed on playing field other than water.
No glass bottles or containers allowed on field or warm -up areas.
Dogs and Other Animals
U No dogs or other animals allowed except for certified guide animals.
Si na e
o Signs may be affixed with string, rope or ties only. No tape. tacks, staples, or nails allowed.
All signage and ties must be removed after use.
No staking of any team signs or banners allowed.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
WEST VALLEY RED HAWKS LACROSSE CLUB
THIS AGREEMENT is dated for identification this 1st day of July 2022 and is made by and between TOWN OF LOS GATOS, State of California (“Town”) and WEST VALLEY RED HAWKS LACROSSE CLUB (“Red Hawks”) identified as a nonprofit organization and whose address is 15151 Old Ranch Road, Los Gatos, California 95033.
I. RECITALS
1.1 Town is the owner of Creekside Sports Park, located at 930 University Avenue, Los Gatos, California.
1.2 The Red Hawks is a non-profit, club-sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area.
1.3 Red Hawks is an affiliate of the Northern California Junior Lacrosse Association (NCJLA) and as such, its coaches, players, officials, and parents are required to abide by the United States Lacrosse “Code of Conduct” that embodies basic common-sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
1.4 The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park.
1.5 Town and Red Hawks each desire an agreement between them setting forth the specific terms and conditions under which the Red Hawks may use the Creekside Sports Park, including hours of use; responsibility for maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures; storage of Red Hawks goods and equipment; and other related items.
II. AGREEMENTS
2.1 Subject Premises. The Premises covered by this Agreement is the Creekside Sports Park, located at 930 University Avenue, Los Gatos, California. A drawing depicting the Premises is attached hereto and incorporated by reference (Attachment A).
2.2 Use of Premises. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions. No later than October 1st of each year this Agreement is in force, Red Hawks and Town staff shall meet to develop an Annual Schedule for the following calendar year. Town has the final say in establishing the master
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
schedule. Town will attempt to accommodate user groups at their requested time but reserves the right to propose use hours that balance the needs of all user groups equitably. Town retains the right to use or authorize the use of the Premises for all dates and times not allocated to Red Hawks in the Annual Schedule.
Red Hawks may request changes to the Annual Schedule by written notification to the Department of Parks and Public Works but shall endeavor to minimize changes to the schedule during each calendar year. All changes should be made in writing no less than 30 days prior to the effective date of the change. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.
2.3 Term of Agreement. Unless terminated sooner pursuant to Section 4.3 of this Agreement, the Use Agreement remains in effect from July 1, 2022 through June 30, 2027. The term of this Agreement may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2.4 Annual Use Fee. Beginning July 1, 2022, and every year thereafter, Red Hawks shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $6,500. The Annual Use Fee shall be considered full and fair compensation for the exclusive use of the facility for those days and times indicated on the Annual Schedule. On July 1, 2023, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index.
2.5 Facility Maintenance Fee. Beginning July 1, 2022, and continuing for the full term of this agreement, including any extensions, each participant in the Red Hawks Lacrosse program using Creekside Sports Park will be charged a $4.00 Facility Maintenance Fee (FMF) per season. The Facility Maintenance Fee shall be assessed by the Red Hawks at the time of registration or any payment of program fees and shall be retained by the Red Hawks in a separate account and remitted to the Town annually in conjunction with payment of the Annual Use Fee, no later than July 1 of each year this agreement is in force. Participants shall be charged an FMF for each distinct season at which registration and fees are typically collected by the Red Hawks.
FMF revenue received by the Town from the Red Hawks shall be used solely to fund the cost of maintenance and operations of the Premises.
2.6 Additional Annual Use Fee Adjustment. Should Red Hawks increase or decrease its requested hours of use as set forth in the Annual Schedule, by 5% or more, the Annual Use Fee shall be adjusted proportionally based on the percentage change in hours. In no case shall the Annual Use Fee be decreased by more than 10% below the initial Annual Use Fee set forth in Section 2.4.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
2.7 Maintenance. Red Hawks shall be responsible for the maintenance responsibilities set forth in Attachment B, Maintenance Responsibilities.
2.8 Facility Use Policies. Red Hawks shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. Red Hawks shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Attachment C, Town of Los Gatos Park Rules and Regulations, and Attachment D, Town of Los Gatos Creekside Sports Park Special Use Policies. The Red Hawks agrees to apply with the current rules and regulations available at www.losgatosca.gov/parkres as well as any future amendments to those rules and regulations. Failure to comply with these policies may result in suspension and/or termination of this Agreement.
Red Hawks agrees to comply with the state “Fair Play in Community Sports Act.” Red Hawks will not discriminate on the basis of gender and boys’ and girls’ teams will have equal access to the facilities.
2.9 Payment. Red Hawks shall make all payments, whether or not invoiced by Town, required pursuant to this Agreement no later than February 1 of each year payments are due. All payments shall be mailed by first class mail or delivered in person at the Town office and addressed as follows:
Town of Los Gatos
Attn: Finance Department
P.O. Box 697
Los Gatos, California 95031
2.10 Assignment. Red Hawks shall not assign any portion of this Agreement or allow the use of the Premises by any other person or entity contrary to this Agreement's terms, with the out Town's prior written approval. Red Hawks is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with Red Hawks.
2.11 Personal Property. Personal property of Red Hawks shall be Red Hawks’ sole responsibility to acquire, repair, replace and store. Red Hawks shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Red Hawks agrees to have and maintain for the duration of this Agreement, General Liability insurance policies insuring Red Hawks, its elected and
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
appointed officials, employees, and agents to an amount not less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Insurance is to be placed with insurers with a current Best’s rating of no less than B+. ii. Red Hawks agrees to have and maintain for the duration of this Agreement, an Automobile Liability insurance policy insuring the Red Hawks, its elected and appointed officials, employees, and agents to an amount not less than one million ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. Red Hawks shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Red Hawks shall provide all certificates and endorsements before term of Agreement begins.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as additional insured as respects to liability arising out of activities occurring on or related to the occupancy and use of the Premises by Red Hawks.
ii. Red Hawks insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the Town, its elected and appointed officials, employees, or agents shall be excess of the Red Hawks’ insurance and shall not contribute with it.
iii. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officials, employees or volunteers.
iv. Red Hawks 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, canceled, 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. The Red Hawks shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement.
3.3 Workers’ Compensation. In addition to these policies, Red Hawks shall have and maintain Workers’ Compensation insurance as required by California law. Further, Red Hawks shall
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
ensure that all contractors employed on the Premises by the Red Hawks provide the required Workers’ Compensation insurance for their respective employees.
3.4 Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. Red Hawks shall be solely responsible for obtaining whatever insurance coverage that Red Hawks believes may be appropriate to protect and indemnify Red Hawks for loss to the Premises or to any personal property that Red Hawks may place on the Premises.
3.5 Indemnification. Red Hawks agrees to indemnify, hold harmless, and defend the Town, its elected and appointed officials, employees, and agents, from and against any and all damages, claims or liability, penalties, costs or expenses in law or equity that may at any time arise from any loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the Red Hawks’ use of the Premises, including use by anyone that the Red Hawks has permitted or allowed to use the Premises. This obligation to indemnify, hold harmless, and defend applies whether or not the incident or claim or liability is or may be related negligence on the part of the Town.
IV. GENERAL TERMS
4.1 Damage and Destruction. Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Section 4.1.
If because of the destruction or damage to the Premises, the Premises is entirely unsuitable or inadequate for the use specified herein, Red Hawks shall be entitled to a pro rata rebate of the fee paid to the Town calculated by dividing the Annual User Fee by the total number of hours of exclusive use as listed in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the date of the damage or destruction of the Premises.
Under no circumstances does the Town have any obligation to provide Red Hawks with an alternative property to conduct its operations, and Red Hawks is solely responsible for obtaining such insurance as Red Hawks deems appropriate to protect its interests should damage or destruction to the Premises occur.
Red Hawks shall be liable for any loss, damage or injury to the field and/or Premises as a result of the direct or indirect use of the Premises by Red Hawks under this agreement.
Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
4.2 Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
4.3 Termination of Agreement. Should Town terminate prior to the end of the term of this Agreement, Red Hawks shall be entitled to a pro rata rebate of the Annual Use Fee calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the effective date of termination.
Red hawks shall promptly terminate its use of the Premises at the termination of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. All improvements and alterations made by Red Hawks shall become the property of the Town upon termination of the Agreement without compensation by Town. Any personal property not removed by Red Hawks within thirty (30) days of the termination of this Use Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.
This Agreement shall continue in full force and effect unless prior to February 1st of any calendar year, either Party provides written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate on June 30th of the same calendar year.
If Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon one hundred eighty (180) days written notice. In the event of an emergency, Town may terminate this Agreement upon five (5) days written notice. “Emergency,” for the purpose of this paragraph, is defined as when the Town Council declares a State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and Red Hawks will work cooperatively to develop a written plan for transition of services and vacation of Premises by Red Hawks.
In the event of any material default or breach by Red Hawks, Town may at any time, thereafter, following any notice required by statute, and without limiting Town in the exercise of any right or remedy which may have reason of such default or breach:
Terminate Red Hawks’ right to possession of the Premises by any lawful means, in which case this Agreement shall terminate, and Red Hawks shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from Red Hawks any damages incurred by Town by reason of RedHawks’ default including but not limited to the cost of recovering possession of the Premises and reasonable attorneys’ fees.
Pursue any other remedy now or hereafter available to Town under the laws of the State of California. Town shall have all remedies provided in law and equity.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
Red Hawks waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present, and future law, in the event Red Hawks is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by Red Hawks.
If Red Hawks fails to remove any personal property belonging to Red Hawks from the Premises after forty-five (45) days of the expiration or termination of this Agreement, such property shall at the option of the Town be deemed to have been transferred to Town.
Town shall have the right to remove and dispose of such property without liability to Red Hawks or to any person claiming under Red Hawks, and the Town shall have no need to account of such property.
4.4 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to Red Hawks any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by Red Hawks use of the Premises pursuant to the Agreement. Red Hawks hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixture’s location thereon, and that any claim it may have to same is hereby and forever waived.
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 written correspondence or Notices given under this Agreement shall be addressed as follows:
To Red Hawks: To the Town:
President Director
West Valley Red Hawks Lacrosse Club Department of Parks and Public Works 15151 Old Ranch Road Town of Los Gatos
Los Gatos, CA 95033 41 Miles Avenue
Los Gatos, CA 95030
Notices shall be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall be deemed effective on the fifth day following in the U.S. Mail.
4.7 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 subsequent breach of the same or any other provision of this License Agreement.
4.8 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and Red Hawks. No terms, conditions, understanding, 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.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
IN WITNESS WHEREOF, the Town and Red Hawks have executed this Use Agreement.
Town of Los Gatos:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
West Valley Red Hawks Lacrosse Club:
Robert H. Bohn, Jr., President
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Park and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 8
DATE: February 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Request to Change the Name “Terrace Court” to “La Terra Court” and Add the Name to the Town’s Official Street Names List to be Used at the Development Site
RECOMMENDATION:
Adopt a Resolution (see Attachment 1) approving the request to change the name “Terrace Court” to “La Terra Court” and add the name to the Town’s Official Street Names List to be used at the development site.
BACKGROUND:
On June 4, 2019, the Development Review Committee considered a proposed subdivision at 16100 Greenridge Terrace, received public comment, and approved Subdivision Application M19-004. The application was appealed to the Planning Commission on June 10, 2019 for concerns pertaining to the proposed scenic easement; however, the appellant withdrew their appeal and the application was not considered by the Planning Commission as a result. The developer, Emerald Lake Investments, has filed the Final Map to subdivide and create eight (8) lots and with it dedicate to the Town multiple easements (see Attachment 2).
DISCUSSION:
The developer has provided all necessary maps and drawings and has paid the required fees to fully comply with the previously imposed development conditions and Town ordinances in support of approval of the Final Map.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Approving the Request to Change the Name “Terrace Court” to “La Terra Court” and Add the Name to the Town’s Official Street Names List to be Used at the Development Site
DATE: February 6, 2023
DISCUSSION (continued):
As a parallel request, the developer has provided a letter to request the new street name (see Attachment 3). The letter details that Terrace Court already exists and has a potential for confusion. This new name allows the developer to re-define the project as they prepare to market the development. The street that is proposed to be named "La Terra Court" will be a new private street that will be constructed with the project and subsequently owned, operated, and maintained by the applicant, successors, or assignees.
CONCLUSION:
Staff recommends that Council adopt a resolution approving the request to change the name “Terrace Court” to “La Terra Court” and add the name to the Town’s Official Street Names list to be used at the development site.
COORDINATION:
This project has been coordinated with the Town Attorney and the Community Development Department.
FISCAL IMPACT:
There is no anticipated fiscal impact from this report.
ENVIRONMENTAL ASSESSMENT:
An Administrative Final EIR was prepared for this project by EMC Planning Group Inc. The EIR was approved on April 16, 2019.
Attachments:
1. Resolution approving the request to change the name “Terrace Court” to “La Terra Court” and add the name to the Town’s Official Street Names list to be used at the development site.
2. Exhibit for “La Terra Court”
3. Street Name Approval Request Letter from the applicant title “La Terra (formally The Vistas)”
RESOLUTION 2021-
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REQUEST TO CHANGE THE NAME “TERRACE COURT” TO “LA TERRA COURT” AND ADD THE NAME TO THE TOWN’S OFFICIAL STREET NAMES LIST TO BE
USED AT THE PROPOSED DEVELOPMENT
WHEREAS, on April 2, 2019, the Town Council of the Town of Los Gatos approved the Planned Development Application PD-16-002, with conditions; and WHEREAS, on March 16, 2021 the Town Council of the Town of Los Gatos approved the Final Map of Tract No. 10537 along with the street name of Terrace Court; and WHEREAS, the street name Terrace Court already exists downtown and has no historic significance with the development; and
WHEREAS, the developer requests to add “La Terra Court” to the Town’s Official Street Names List; and
WHEREAS, the developer requests that the street named Terrace Court be renamed named “La Terra Court”; and
WHEREAS, California Government Code Section 34091.1, provides that whenever the legislative body of the Town finds that a name should be changed for any Town street, the legislative body may adopt a resolution designating a name change for such street; and NOW, THEREFORE, IT IS HEREBY ORDERED:
1. The Town Council hereby approves the addition of the name “La Terra Court” to the Town’s approved street list.
2. Town Council hereby designates the name “Terrace Court” as referenced on Final Map of Tract No. 10537 filed May 6th, 2021 to be changed to “La Terra Court”.
3. The Town Clerk is directed to record a certified copy of this resolution with the County Recorder of Santa Clara County.
ATTACHMENT 1 Page 93
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 21st day of February, 2023.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 2 Page 95
LA TERRA
(FORMALLY “THE VISTAS”)
Town of Los Gatos
Community Development Department
c/o Jennifer Armer-Planning Manager
110 E. Main Street
Los Gatos, CA -95030
Dear Ms. Armer,
I represent the owner group for the recently re-named La Terra subdivision at the extension of Santella Drive in the Highlands Community. Per our recent discussions we are respectfully requesting to seek approval to change the street name to one of the streets in our new neighborhood. Please consider the street name change for Lots 2, 3,4,5, 6 in our neighborhood to “La Terra Court”. The street name as shown on our filed subdivision map is currently shown as “Terrace Court”. As you may be aware, Terrace Court already exists as an address in downtown Los Gatos near Pleasant Street. Additional to this potential for confusion with addresses, there is no historic significance to Terrace Court’s connection to our project.
We are working hard in this difficult real estate market to re-define and our identity and break a bit from the past as we prepare to market our project. Over the years, this project has carried many names and it is beneficial for all to allow for a fresh start for this fabulous new Los Gatos neighborhood. Part of the excitement and refreshment of the community has been our renaming process. We applied for and received from the California DRE, our HOA and CCR approvals with our new neighborhood name of “La Terra”.
By allowing for this name change to our main drive, it affords us to carry the La Terra name forward and provide our residents with a street name that is consistent with the project name and our registration with the DRE.
Thank you in advance for your consideration.
Matt Fistonich
PREPARED BY: Nicolle Burnham
Director of Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 02/21/2023
ITEM NO: 9
DATE: February 13, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the Town RECOMMENDATION:
Authorize the Town Manager to execute a Fourth Amendment to Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the Town.
BACKGROUND:
In 1999, the Town entered into a Memorandum of Agreement (MOA) to participate in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). A First Amendment to the Agreement was executed in 2005, a Second Amendment in 2006, and a Third Amendment in 2016 authorizing the continuation of SCVURPPP, each without changing the original terms. See Attachment 1 for the Agreement and Amendments.
The SCVURPPP is an association of 15 agencies in Santa Clara County (13 local cities and towns, County of Santa Clara, and Santa Clara Valley Water District) that share a common National Pollutant Discharge Elimination System (NPDES) permit to discharge stormwater to the San Francisco Bay. SCVURPPP assists its member agencies to comply with California Regional Water Board issued permit which is required for discharges of stormwater under the federal Clean Water Act.
This work includes coordination of efforts and leveraging of resources among the SCVURPPP’s participants, community outreach, water quality monitoring, research and development,
PAGE 2 OF 3
SUBJECT: Santa Clara Valley Urban Runoff Pollution Prevention Program MOA Amendment DATE: February 13, 2023
BACKGROUND (continued):
collaboration with other stormwater programs, and reporting to the Regional Water Board as required.
The Regional Water Quality Control Board adopted the first NPDES permit in 2009 known as the Municipal Regional Permit (MRP) and it is shared by 79 public agencies. Bay Area municipalities were issued a new MRP (2.0) in 2016, and a third (MRP 3.0) that went into effect July 1, 2022.
MRP 3.0 includes many of the requirements that were included in previous MRPs, and contains several new requirements designed to further address high priority water quality issues in Bay Area receiving waters. SCVURPPP continues to assist its member agencies to comply with many aspects of MRP compliance.
In February 2018, the Town and neighboring cities, Campbell, Monte Sereno and Saratoga formed the West Valley Clean Water Authority, a Joint Powers Authority (JPA), to coordinate stormwater pollution abatement, control and management efforts and other activities to develop tools and information to assist public and private entities in complying with stormwater NPDES permits and improving surface water quality in California. The jurisdiction of the JPA includes participation in SCVURPPP on behalf of the member agencies. The Executive Director of the JPA has been acting as the Program Representative for the Town and participating in the SCVURPPP Management Committee since the JPA was established in 2018.
DISCUSSION:
The current term of the MOA governing the SCVURPPP is set to expire on June 30, 2023. On January 19, 2023, SCVURPPP’s Management Committee, on which the Town participates, unanimously voted to refer the Fourth Amendment of SCVURPPP’s MOA to each governing body for consideration. The Fourth Amendment to the Agreement will extend the original terms of the MOA to June 30, 2027. All 15 participants must approve and execute the amendment within 90 days to maintain the SCVURPPP. See Attachment 2 for the proposed Fourth Amendment.
Even though the Executive Director of the JPA has already been representing the Town in SCVURPPP, staff recommends that the Town Council formally designate the Executive Director of the JPA as the Town’s Program and Voting representative on SCVURPPP.
PAGE 3 OF 3
SUBJECT: Santa Clara Valley Urban Runoff Pollution Prevention Program MOA Amendment DATE: February 13, 2023
CONCLUSION:
Staff recommends that the Council authorize the Town Manager to execute a Fourth Amendment to the Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and designate the JPA Executive Director as the Town’s Program and Voting representative on SCVURPPP.
COORDINATION:
This report was coordinated with the Town Manager, Town Attorney, Town Finance Director, West Valley Clean Water Authority Executive Director, and other participating municipalities.
FISCAL IMPACT:
As with all prior amendments, no change is proposed relative to the funding allocation for the SCVURPPP, which was negotiated among the participating local governments at the time of its formation in 1990. The cost-sharing allocation set forth in the MOA allocates 30.2% to Valley Water, 30.1% to the City of San Jose, and the remainder to the remaining 13 other municipalities that participate in the SCVURPPP in a manner roughly proportionate to community size and runoff from respective jurisdictions. The Town’s proportionate share of the program costs is 1.74% to provide funding for and performance of the countywide collaborative stormwater pollution prevention activities.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Santa Clara Valley Urban Runoff Program Agreement and Amendments Two, Three and Four
2. Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program.
l(o.Z2C).
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS THIRD AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RLINOFF
POLLUTION PREVENTION PROGRAM ( the "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (" District"); CITY oF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipalcorporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of california; clrY oF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOLTNTAIN vIEw, a municipal corporation of the State of california; clrY oF PALO ALTO, a municipal corporation of the State of California; CITY oF sAN JOSE, a municipal corporation of the State of california; CITY oF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COLTNTY OF SANTA CLARA, a political subdivision of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as Parties" or individually as " Part) 2."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program ( the "Program"), including a cost sharing allocation, which was appended thereto as Exhibit A. A copy of the Agreement, including Exhibit A, is attached hereto as Appendix l. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement originally provided for a five- year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20,2005, the Parties unanimously entered into a First Amendment to the Agreement ( attached hereto as Appendix 2), which extended the term of the Agreement by one additional year;
C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement ( attached hereto as Appendix 3), which extended the term of the amended IHH
I
ATTACHMENT 1 Page 100
Agreement by " one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit' s term which occurred pursuant to the NPDES regulations." The next NPDES permit applicable to the Parties ( and others) was subsequently adopted the California Regional Water Quality Control Board, San Francisco Bay Region (" RWQCB SFBR") on October 14,2009 and was known as the Municipal Regional Permit (" MRI"'; because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties;
D. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 201 5 ("MRP 2.0"). MRP 2.0 became effective on January 1 , 2016 and, unless subject to an administrative extension, is scheduled to terminate on December 31, 2020;
E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 2.0 (including with respect to an administrative appeal of its adoption that is currently pending before the State Water Resources Control Board), to help them effectuate certain aspects of compliance with MRP 2.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 2.0 nears the end of its anticipated five- year term and any administrative extension provided thereto; F. The Parties also expect to continue to utilize the Program's preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus- based resolutions appear or become elusive; G. The Parties now desire to update the amended Agreement and further extend the term of the MOA as set forth below;
H. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three ( 3) months following acceptance by the Management Committee; and
I. The Program' s Management Committee accepted this Amendment for referral to the Parties' Councils and/or Boards at its meeting on August 18, 2016.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGRBE AS
FOLLOWS:
I . Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections:
6. OrderNo. R2-2009-0074 ( the MunicipalRegional Permit, NPDES Permit CAS6l2008); adopted, October 14,2009 and amended by the RWQCB SFBR on November 28, 2011;
2
7. Order No. R2-2015-0049 ( MRP 2.0, NPDES Permit CAS6l2008); adopted by the RWQCB SFBR on November 19, 2015.
2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 2.0; such termination date shall, however, be deemed to include any administrative extension of MRP 2.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 2.0
termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Third Amendment of the Agreement shall supplement the Second Amendment of the Agreement and supersede any conflicting provisions of the Second Amendment of the Agreement.
remainder of page intentionally blank]
3
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19,2016, whichever arises earlier.
Santa Clara VaUey Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
cia By:
Name:
Title:
Date:
4
THIRD AMENDMENT TO AOREEMENT
PROVIDINC FOR IMPLEMENTATTON OF
TI{E SANTA CLARA VALLEY URBAN RUNOFF
POLLU' IION PRIiVENTION PROGRAM
IN WITNESS WIIEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19,2016, whiohever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Chra: By:
Name:
Title:
Date:
City of _ Campbell : By:
Name:
Title:
Date:
Todd Capurso
Director of Public Works
4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Cupertino: By:
Name:
Title: Citv Manaser
Date: I ,-
l
v
4
IN WITNBSS WItEIIEOF, the llarties havc o'xecuted this Thircl Anrcndnrernt ctfuctive as of the last date indicatecl belorv or Dccember I 9, 2016, whichever alises earlier.
Santu Clara Vallesr lltuter District: By:
Name:
Title:
Date :
Counly of Santa Clara: By:
Name:
Title:
Date:
Ctry o/ ros af tos .. By:
Name:
Title:
Date:
Chris topher
City Manaser
4 i
t
I
I
I
I
I
I
I
I
I
1 I
i
I
i
I
l
I
I
I
I
I
I
IN WITNESS WHEREOF, the Pmties have executed this Third Amendment effective as of the last date indicated below or December 19, 20l6,whichever arises earlier.
Santa Clara Yalley Water District: By:
Name:
Title:
Date:
Coiunt! of Santa Clara: By:
Name:
Title:
Date:
Town of Los Ahos llills: By:
Name: Carl Cahill
Title: CityManager
Date:
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
IN WITI\ESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 20l6, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos_: By:
Name:
Title: Town Manager
Approved As to Form
Robert Schultz, Town
Attest: tkc(,Cr-., \s2rA
ShellbyTieis, Toft Cterk
Date
4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Claru Yallcy Water District: By:
Name:
Title:
Date:
Coanly of Santa Clara: By:
Narne:
Tifle:
Date:
City las By:
0mas 0 vV; lliotms
Title: ltAaw
Date: u
J.
City Attorney
4 sf-3677154
T}IIRD AMENDMBNT TO AOIEEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY UREAN RUNOTF
POLLUTlON PREVENTION PROCRAM
IN WITNESS WHEREOF, the Parties have oxecuted this Third Amendment effective as ofthe last date indioated below or December 19,2016, whichever arises earlier.
Sanu Clara Valley llater Dbfiict: By:
Name:
Title:
Date:
Coung bf Santa Claru: By:
Name:
Title:
Date:
City of Monte Sereno_: By:
Name:
Title: City Manager
Date:
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19,2015, whichever arises earlier.
CITY OF MOUNTAIN VIEW,
a municipal corporation of
the State of California
By, N--,r# fhf - r
By,
APPROVED AS TO CONTENT:
I
Fire Chief
FINANCIAL APPROVAL:
Finance
Services
APPROVED AS TO FORM:
Iic- Arssl-tcitY
EA/ 2/FrR
151-10-20-15AG- E 4of4
IN WITIYESS WIfiREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or Decembe r l9,20l6,whichever arises earlier.
Santa Cloru Valley lfater District: By:
Name:
Title:
Date:
County of Sonta Clara: By:
Name:
Title:
Date:
cia ' PoLo
A t to tBy:
Narne:
Title:
Date:
C( r'I , n/o, k&.c A
I
4
IN WITIYESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 20l6, whichever arises earlier.
Santa Clma Valley Water District: By:
Narne:
Tifle:
Date:
Coanty of Safia Claru: By:
Name:
Title:
Date:
City otSan Josi: By:
Name:
Tifle:
Date:
TOttt -tAAEfL
4 Ll- ? - 7.DV
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Santa Cloru: By:
Name: Rajeev Batra
Title: Acting City Manager
Date: {O'Lb'
ASTO FORITI:
cmr clrc8
fir
4 t
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Yalley lVater District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
rifle: FEW BOAHDOFSUPERVISoRS
Nov 1 5 2016
r{r
Date:
Attest:
Name:
Title:
4EGAN ,
l
Clerk of the Board o=l$uperyisorc
Approved as to form and legality:
cia
By:- vffi
Name: lvt{C+{f€U L. gofsl
Title: t€AD DE;?lrT/ Cot X-fl COUASSLBy:
Name:
Title:
Date:
4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19,2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
citv of Bv:
Name:
Title:
Date:
i/tro.1 at(a<t
aan/?
4
THIRD AMENDMEN'T TO ACREDMENT
PROVIDINC FOR IMPLEMENT^TION OF
TI{E SANTA CLARA VALLEY URBAN RUNOFF
IULLUTION PREVENTION PROGRAM
Santa Clara Valley Water District: By:
Name:
Title:
Date:
Counly of Santa Cbra: By:
Name:
TitIC:
Date:
City of Saratoga :, By:
Name:
Title:
Form: \-. afS. Attomey
Q
City Clerk f>q ckil-*
Date: 1
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley lyater Distriar; By
Name:
Title:
Date
Counly of Santn Clara: By:
Name:
Title:
Date:
Citt Sunnyvale By:
N Deanna J. Santana
City Manager
Date: l-el <
AS TO FORM:
By
hn A. Nagel
City Attomey
4
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OT
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLT] TION PREVENTION PROGRAM
Appendix I
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2000
THIRD AMEN' DMENI TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TTIE SANTA CLARA VALLEY URBAN RT' NOFF
POLLUTION PREVENTION PROGRAM
page intentionally blank]
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARAVALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between rhe SANTA CLARAVALLEYWATER D|STRICT DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of Califomia; TO\ /N OF LOS GATOS, a municipal corporation of the State of Califomia; CITY OF MILPITAS, a municipal corporation of the State of Califomia; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of Califomia; CITY OF PALO ALTO, a municipal corporation of the State of Califomia; CITY OF SAN JOSE, a municipal corporation of the State of Califomia; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of Califomia; and Clry OF SUNNWALE, a municipal corporation of the State of Califomia.
All of the above- mentioned entities are hereinarfter collectively refened to as'PARTIES" or individually as "PARTY."
RECITALS:
The 1986 Water Quality Cohtrol Plan for the San Francisco Bay ( Basin Plan), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, in implementation of the Federal Clean Water Act, required that PARTIES develop a program to control pollution from urban runoff, or nonpoint sources of water pollution in the Santa Clara Valley.
ln furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and develop control measures to mitigate or reduce nonpoint source pollution.
Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to lhis Agreement, were known as the Santa Clara Valley Nonpoint Source Pollution Control Program and upon execution of this agreement henceforth shall be known as the Santa Clara Valley Urban Runoff Poilution Prevention Program ( hereinafter called " Program"). ln 1987 Congress added Section 402 ( p) to the Federal Clean Water Act ( CWA) ( 33 U.S.C. Section 1342 ( p)), which requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination system ( NPDES) permit for the A.
B
C
9976075_JRG:MGD 10/ 19/ 4 MOA
D
E
G
rt
SCVURPPP MEMORANDUM OF AGREEMENT
F
discharge
undersection
of stormwater to navigabre waters. NpDES permits are arso required EnvironmentalProtection
402 ( p) for any stormwater discharge * ni"n inl Federar awater
Agency ( EpA) or a state nas oei:rmineo contributes to a vioiation of quality standard or is a significant contributor of poilutants to.urr".l *" i.i..
NPDESpermit
section 402 ( p) further required EpA to promulgate regurations for initiar apprications for stormwater discharges. ine rin promurgateJ su"t --- regulations in November 1990.
Iire Eil controrBoard (
has deregated authority to the carifomia state water Resources SWRCB)
intum,
to administer the NpDES permit process within carifomia and, the swRcB has deregated authority tb tne iariiornia negionJ wai", iirJriivcontrol Board - san FrancLco Bay Region ( RWecB- sFBR) to administer theNPDES permit process within its rlgiori.
Pursuanilo qigtio! 402 ( p) of the CWA and EpA regutations, SFBRadopted the RWQCB_ the following orders turther defining the proiram that the pARTTES are iodevelop and implement:
1 . Order No. 90-094 ( NPDES permit No. CAOO2971 8), adopted June 20,.1990; and
2. order No 95-180 ( NPDES permit No. cAS02971B); adopted August 23, 1995. ln and for the mutuar interest of the pARTTES, the pARTIES wish to continue theProgram by entering into this Agreement for the purpose of ensuring continueo participation, in terms of cost and administrative responsibilities. andexisting
DlsrRlcr is a locar pubric agency of the state of carifomia dury organized within the county o-f S. anta ctara. The county of sant;cta;; i. rsubdivision of the state of califomia. All other PARTiES are municipal . orior. poiiti""ii*r, duly organized and existing under the laws of the State of Califomia. :
The RWQCB- sFBR is conducting a watershed Management rnitiative ( wMr) inSanta clara county. The program is required, as pariof its NPDES p"i*it, i" develop
urbanRLrnoff
and implement a watershed Managemeni Measures strategy. The Management pran of the program contains the program, s
wiiersneo
Management Measures Strategy. This strategy, consisteni with the NpDis permit, coordinates Program activities with the wMl to develop and implement cost- ifrectiveapproaches to address specific urban runoff polrution ilrobremi. rne erojram,- through a continuous improvement process, annually ieviews the strategyl
9976075_JRG:MGD 10/19/
4 MOA
SCVURPPP MEMORANDUM OF AGREEMENT Page 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHERAGREE, AS FOLLOWS:
Section 1 Santa Clara Vallev Urban Pollution Prevention Proqram 1 . 0'l The Santa Clara Valley Nonpoint Source Pollution Control Program Program') is hereby continued as the Santa Glara Valley Urban Runoff Pollution Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it exists, may be modified, or may be reissued in the future ( hereinafter referred to as NPDES Permit").
1.02 The Program is a collective effort and implementation of area-wide activities, designed to benefit all PARTIES.
Section 2. Manaoement Committee
2.01 A Management Committee is hereby reconstituted to provide for overall Program coordination, review, and budget oversight, with respect to the NPDES Permit.
2.02 The Management Committee may as necessary adopt and revise Bylaws for its govemance.
2.03 The Management Committee is the official management and oversight body of the Program. The Management Committee shall direct and guide the Program and review and approve the Program Budget. The Management Committee shall consider permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and conesponding budgets,
2.04 The Management Committee may periodically re-evaluate and make recommendations to the PARTIES concerning reallocation of the proportion of the annual Program contribution that each PARTY shall pay.
2.O5 The voting membership of the Management Committee shall consist of one designated voting representative from each PARry. An alternative voting representative may be appointed by each PARry. The RWQCBSFBR may appoint a non - voting representative and alternate to the Management Committee.
2.06 A quorum of the Management Committee shall be achieved when at least nine ( 9) voting representatives, including at least one ( 1) representative from each of City of San Jose and Santa Clara Valley Water District, are present at any Management Committee meeting.
2.O7 Meetings of the Management Committee, including any closed sessions with Program Legal Counsel, shall be conducted in accordance with the "Brown Acf' 76075 4 MOA JRG:MGD 10/1 9/99
SCVURPPP MEMORANDTJM OF AGREEMENT Page 4 of 13
Govemment code section 54950 et seq.) The individual parties have differing opinions on whether the Brown Act legally should be interpreted as applying tj members of the Management committee. ln executing this Agreemeni, itre parties do not waive their right to take the position that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management committee meetings. Except for official meetings of the Management committee, nothing herein shall be interpreted to require meetings between staff rnembers of the individual Parties ( including designated representatives of the parties) to be subject to the Brown Act, where the Brown Act would not othenrvise apply. Each party is individually responsible for ensuring that it complies with the Ejrown Act.
2.08 The affirmative vote of at least eight ( 8) voting members of the Management Committee, which collectively contribute at least fifty percent ( 50olo) of the area- wide Program costs ( a "Majority Vote'), is necessary to approve any measure brought before the Management Committee.
2.09 The Management Committee shall be responsible for selecting any consultant( s) or contracto( s) who are to be paid from Program funds (" Outside Contractors'), using a process approved by the Contracting Agent, and for reviewing and approving any contracts with Outside Contractors, including the scope( s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.
230 The Management Committee shail select a PARTY or Outside Contractor to act as Program Manager for the Program. The Program Manager shall be responsible for Program management and administration, Permit management, and technical program management all in accordance with the NPDES Permit, this Agreement, Program Bylaws, and as directed by the Management Committee in the best interest of the PARTIES as a whole and individually. The Program Manager shall be paid, from Program funds in accordance with the adopted Program budget, for providing the services described hereunder. The Program Manager shall not be responsible for providing program management services related to individual PARTIES permit programs, but may provide such services under separate contract with any PARTY or PARTIES.
2.11 The Management Committee may select an attomey ( Program Attorney) or firm that is experienced with the Clean Water Act and Municipal Stormwater NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program' s NPDES permit and such other matters upon which the Management Committee may seek legal advice or request legal representation. Program Legal Counsel shall not be responsible for providing legal advice related to permit compliance to individual PARTIES, but may provide such services under separate contract with any PARTY or PARTIES. The Program Manager may 76075 4 MOA JRG:MGD 10/'19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 5 of 13
assist in coordination of activities with the Program Attomey but shall not give direction without prior authorization from the Management Committee.
2.12 The Management Committee shall establish timelines and budgets for completion of Program tasks. The Management Committee shall rate the performance of the Program, and in turn rate the performance of the Program Manager, based upon the Program' s ability to meet such approved timelines and budgets.
2.13 The Management Committee, through its Bylaws, may establish procedures for tracking, accounting for, and auditing the Program Fund.
3.01 A collective budget for the Program ( Program Budget) shall be based upon a projection of two consecutive fiscal year cycles, however, the Budget shall be adopted for only one fiscal year cycle. The Budget shall include a Contingency/ Reserve Fund which shall not exceed ten percent ( 10olo) of the operating costs of the adopted Budget.
3.02 The PARTIES shall each pay a yearly assessment into a fund established for Program operationsfortheir assigned portion ofthe Program Budget. The proportionate share of the Program Budget that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and incorporated by reference herein.
3.03 Except as provided in Section 6.03, the ending fund balance at the close of each fiscal year shall be disbursed annually to the PARTIES, or credited to the PARTIES' share of the next fiscal year' s costs, in accordance with the PARTIES deflned participation rates, as requested by each PARW.
Section 4. Contractino/ Fiscal Aqent
4.01 DISTRICT shall serve as the initial Contracting/ Fiscal Agent for the Program.
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the provision of ninety days ( 90) days written notice to the Management Committee.
4.03 ln the event that the Contracling/ Fiscal Agent withdraws from the Program or from providing Contracting/ Fiscal Agent services to the Program, another PARTY may serve as a successor Contracting/ Fiscal Agent. Any PARTY willing to serve as successor Contracting/ Fiscal Agent may be nominated by another PARTY. Selection of a Contracting/ Fiscal Agent must be by maiority vote of the Management Committee.
JRG:MGD l0/19/99
Section 3. Prooram Budqet
76075- 4 MOA
SCVURPPP MEMORANDUM OF AGREEMENT Page 6 of 13
4.O4 The Contrac{ ing/Fiscal Agent shall act in a reasonable amount of time to execute contracls with Outside Contraclors, including the Program Manager, which have been requested and approved by the Management Committee.
4.05 The Contracting/ Fiscal Agent shall be the treasurer of Program funds. The ContractingiFiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the ContractingiIiscal Agent shall credit the Program with appropriate interest income eamed on Program funds in each fiscal year; and shall not expend any funds except in arcordance with the annual budget approved by the Management Committee or as otheruvise directed by the Management Committee.
4.06 The Contracling/ Fiscal Agent shall provide a copy of any contract executed on behalf of the Program to any PARTY or person designated by any PARW or the Management Committee upon request. The governing body of the Contracting/ Fiscal Agent, at its discretion, may delegate authority to execute agreements and contrac{ s approved by the Management Committee, to a designated employee. Notice of any such delegation of authority shall be provided to the Management Committee.
4.07 The Contracting/ Fiscal Agent may request, as Part of the annual Program Budget, reimbursement for reasonable and customary cosls incuned in providing the services described hereunder. Reimbursement to the Contracting/ Fiscal Agent shall be subject to Management Committee review and approval as part of the Program Budget.
Seclion 5. Ancillarv Riqhts and Duties of the Parties
5.01 ln addition to the participation in the Management Committee, the PARTIES accept and agree to perform the following duties:
1. Each will comply with the NPDES Permit conditions set forth in its Community-Specifi c plan;
2. Each will participate in Management Committee meetings and other required meetings of the PARTIES;
3. Each will implement its Community- Specific program;
4. Each will provide certain agreed upon reports to the Program for purposes of reporting, on a joint basis, compliance with applicable provisions of the NPDES Permit and the status of Program 9976075_ 4 MOA JRG:MGD 10/19/
SCVURPPP MEMORANDUM OF AGREEMENT Page 7 of 13
implementation; and
5. Each will individually address inter-agency issues, agreements or other cooperative efforts.
5.OZ This Agreement does not restrict the PARTIES from the ability to individually ( or collectively) request NPDES Permit modiiications and/ or initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party ( or group of PARTIES); however, any such PARTY ( or PARTIES) shall make reasonable efforts to provide advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding.
Section 6. Term of Aoreement
6.01 The term of this Agreement shall commence on the date the last duly authorized representatlve of the PARTIES executes it.
6.02 This Agreement shall have a term of five ( 5) years.
6.03 Any PARfi may terminate its participation in this Agreement by giving the Chair of the Management Committee at least thirty (30) day written notice. The terminating PARry will bear ihe full responsibility for its compliance with the NPDES Permit commencing on the date it terminates its participation, including its compliance with both Community- Specific and Program- wide responsibilities.
Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PARTYs share of the Program Budget, for the fiscal year in which the termination occuned ( both paid and obligated but unpaid amounts). ln addition, unless notice of termination is provided at least ninety ( 90) days prior to the date established by the Management Committee for approval of the budget for the succeeding fiscal year, termination shall constitute forfeiture of all of the terminating PARTYs share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES' may be recalculated for the following fiscal year by the PARTIES without the withdrawing PARW' s participation.
Section 7. General Leqal Provisions
7.O1 . This Agreement supersedes any prior agreement among all the PARTIES regarding the Program, but does not supersede any other agreements between any of the PARTIES.
7.O2 This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement to their Council or Board, as applicable, within three ( 3) months following acceptance by the Management Committee.
76075 4 MOA JRG:MGD 10/ 19i99
SCVURPPP MEMORANDUM AF AGREEMENT Page I of 13
7.03 This Agreement may be executed and delivered in any number of copies counterpart') by the PARTIES, including by means of facsimile. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
7.O4 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent, Program Manager, andlor Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB- SFBR, or any person acting on their behalf or in their stead.
7.05 ln lieu of and notwithstanding the pro raia risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895. 6, the PARTIES agree that all losses or liabilities incuned by a PARTY shall not be shared pro rata but instead the PARTIES agree that pursuant to the Govemment Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES from any claim, expense or cost, damage or liability imposed for injury ( as defined by Government Code Section 810' 8) occurring by reason of the negligent acts of omissions or willful misconduct of the inOemnfifin- g
pARTy, its ofiicers agents or employees, under or in connection with or arising fr6m any work, authority or jurisdictions delegated to such PARTY under this Agreiment, including but notlimited to any non- compliance by a PARTY with its obligaiions undir the Program NPDES Permit. No PARW, nor any ofiicer, board rber, employee or agent thereof shall be responsible for any damage' or liability incurred by reaion of the negligent acts or omissions or willful misconduct of the' other partLs hereto, their ofircJrs, board members, employees or agents under or in connection with or arising from any work, authority or jurisdictions delegaled to.such pARTy under this Agreement, inciuding but not limited to any non- compliance by a PARTY with its obligations under the Program NPDES Permil
7.06 ln the event that suit shall be brought by either party to this contract, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the united states District court, Northern District of california, San Jose, California.
76075 4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 13 of 13
EXHIBIT A
SANTA CLARAVALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
SCHEDULE OF COST-SHARING PROPORTIONS
1.88%
2.460/ 0
1.59%
0.43o/ o
1.74o/ o
2.75To
0.14o/ o
3.91%
4.060/ o
6.23%
1.5994
7.25o/ o
5.94o/ o
Subtotal
San Jose
District
TOTAL
39.970/o
30.01%
30.02Yo
100.00%
JRG:MGD 10/ 19/ 99
Jurisdiction Prooortional Share
Campbell
Cupertino
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Mountain View
Palo Alto
Santa Clara
Saratoga
Sunnyvale
Santa Clara County
76075_ 4 MOA
SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13
lN WITNESS WHEREOF, the PARTIES hereto have exeq. rted this Agreement as of the dates shown below.
Date:
DEC 21 p99
APPROVED AS TO FORM:
By: 85c
Chai eloofD
By:-
Chair, Board of Supervisors
CITY OF
Date:
By:
Name:
Title:
ATTEST:
Date
By:-
Deputy County Counsel
ATTEST:
Date
B
APPROVED AS TO FORM:
By:-
Name :
Title:
n
COUNTY OF SANTA CLARA, a public entity of the State of Califomia APPROVED AS TO FORM:
76075_4 MOA JRG: MGO 10/ 19/ 99
SANTA CLARA VALLEY WATEF, DISTRICT, a body corporate and politic of the State of California
SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
SANTA CLARAVALLEY WATER DISTRICT, a body corPorate and politic of the State of Caliiornia
Date: APPROVED AS TO FORM:
By:-
Chair, Board of Directors
By:-
General Counsel
ATTEST:
By:-
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of Califomia Date: APPROVED AS TO FORM:
Date:
Bv By:-
CounselChair, Boarcj of Supervisors Deputy County
ATTEST:
Date:
By:
Date: . I /1 /9e APPROVED AS TO FORM:
By:
t\ N riil I i an R. SeIi nn
Prrh' l i z- W^? Lc ni ra-+
Bv:
Titie:
76075_ 4 MOA
or Title: city Atrorn eY
JRG: MGO 10/19/99
CITY OF _- cAI4.pBEr.l__
SCVURPPP MEMORANDUM OF AGREEMENT
Date:
By,
By:
Chair, Board of Directors
APPROVED AS TO FORM:
6sngral egrmsgt
ATTEST:
Date:
ame : Charles KilianTitle: City .A,norney
Page g
of t3
IN MTNESS WHEREOF, the pARTIES
rhedates
hereto have executed this Agreement as of shown below
tm"atO*
VALLE, WATER DiSTRICT, a body corporate aad politic of the State of Bvr
Geaeral Managei
By:
COLINTY OF SANTA CLARA, a public entiry of the State of Califoraia Date APPROVED AS TO FORM:
By: By:
Chair , Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF CUPERTINO
Date: t/- zt-21 APPRO TO FO
By'
ame:
Title:
John Statton
Vice lvlayor, City of Cupenino
runoff agreement JRG:MGD 10/ 19/ 99
SCVURPPP MEMARANDUM OF AGREEMENT Page 9 of 13
lN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California
ATTEST:
By:-
General Manager
Date
B
COUNTY OF SANTA CLARA, a public entity of the State of Califomia Date: APPROVEDASTO FORM:
By:-
Chair, Board of Directors
By:-
Chair, Board of Supervisors
CIry OF LOS ALTOS
Date: ber
By:
Name:
Title:
By:-
General Counsel
ByDeputy County Counsel
AfiEST
Date:
By:
APPROVED AS TO FORM:
By:
Name
Title:
Robert K. Booth
MOA.doc
Citv M anaoer itv ev
JRG:MGO 10/ 19/ 99
Date:- APPROVED AS TO FORM:
SCVURPPP MEMORANDIJM OF AGREEMENT
Page g of 13
rN wlrNESS WHEREOF, the pARTIES
thedates
hereto have executed this Agreement as of
shown below.
SANTA
ofCalifornia
CLARA vALLEy WATER DrsrRrcr, a body corporate and poritic of the state Date: APPROVED AS TO FORM:
By: By:
Counselchair, Generai Board of Directors
ATTEST:
B
Date:
General Manager
By:
COUNTY OF SANTA CI-ARA, a public entity of the State of Califomia Date: APPROVED AS TO FORM:
By: By:-
CounselChair, Board of Supervisors Deputy County
AfiEST:
Date:
By:
CITY OF Ls Altos Hills
Date: L/6/oo APP DASTOF RM:
By: By: 6',i."->
N ame: I'Erk l4iUer Name :
Title:
Sloan
Ti e: City lEnager City Attornev
76075 4 MOA JRG:MGD 10/19/99
SCYURPP P MEMORANDUM AF AGREEMENT
crw oF
APPROVED AS TO FORM:
By:
Name
Title:
APPROVED AS TO FORM: ATTEST: ,,
i'r'''
B
Date:
By:
Name :
Titte:
TOWN OF GATOS
Date: LL. ?- n1
cBy:
Date
By: ar;'!
AN V. C05 GRO\ I
CLERK
Name
Tltle:
rz
CITY OF
MONTE
SERENOAPPROVED AS TO FORM:
By:
Name
Title:
crTY oF _ SARATOGA_
Name
Title:
Date APPROVED AS TO FORM:
B By
Name :
Title:
Name
Title:
MOAfinal JRG:MGD 10/19/99
COUNTY OF SANTA CL.. l,RA, a public enriry of rhe State of Califomia Date:
By:
Chair, Board of SupervisoAPPROVED AS TO FORIvt:
Bv:
pury Countv Counsel
ATTEST:
Date:
By:
APPROVED AS To FoRjvI:
By,
Title:
APPROVED AS TOFORM:
By
Name :
Title:
Bv:
Name :
Title:
Date:
By:
Actino Clty Manaoer
CITY OF
ra<.tl
c
By:
Bv
Date
Name :
Tirle:
CITY OF
Name :
Tirle:
CITY OF Milpitas
Date:.--
APPROVED AS TO FOR. T!I:
SCYURPPP MEMORANDUM OF AGREEMENT
CIry OF PBELL
Date:
By By:
Name :
Title:
TOWN OF GATOS
Date:
APPROVED AS TO FORM:
Name :
Title:
APPROVED AS TO FORM:
B
Name
Title
CIry OF
MONTE
SERENODate: December 7, I999
By
Na
Title ! 1a
crw oF _ SARATOGA_
Date:
By:
Name :
Title:
Name
Title:
APPROVED TO FORM:
ci AI
APPROVED AS TO FORM:
By:
a
N
Name :
Title:
MOAfinal
JRG:MGD 10/19/99
lN wlrNESS WHEREOF, the
thedates
pARTIES hereto have executed this Agreement as of
shown below.
ofCalifornia
SANTA cl-ARA VALLEY WATER DlsrRlcr, a body corporate and politic of the state By:- Date:
General Manager
By:-
ctra@
JRG:MJD
1 0/19/99
Date:
By:
ch air, Board of Directors
CITY oF y'4ou,'r\:, Vrer.^f
Date:
By:
Name :
Title:
CITY OF
APPROVEDAS TO FORM:
By:
General Counsel
ATTEST:
By:-
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name :
Title:
By
COUNry OF SANTA CIARA, a pubtic entity of the State of Califomia 76075 4.doc
1 0
Date:_ APPROVED AS TO FORM:
SCVURPPP MEMORANDI)M OF AGREEMENT Page 9 of 13
lN WTNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California
Date: APPROVED AS TO FORM:
Chair, Board of Directors
Chair, Board of Supervisors
crTY oF /a/o f) /f"
By:-
Rv. Date:
General Manager
By:-
COUNTY OF SANTA CLARA, a public entity of the State of Califomia Date:- APPROVED AS TO FORM:
By:-
General Counsel
ATTEST:
By:-
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By: tJ- C+----.-
669 I S,u. s
77 L<<<-
Title: Sr,r .'or As<i
Date:
By
Name:
Title:, l.i
t-tt,:7
T'-.a4liC
rne.l
MOA 10-28-99.doc JRG:MGD 10/'t 9/99
I
SCVURPPP MEMORANDUM OF AGREEMENT
CITY OF
Date:
By: By
Name:'
lltle:
CITY OF SANI. A CLARA
Date: November 30 1999
By:
me nnt racinoe: City Mana qer
ATTEST:
ry
Date:
By By:
Name:
Title:
CITY OF
n-r-. lJ<ttEBy: By:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
APPROVED AS TO FORM:
B %
Name: LT.N
ra
rL€
Title: D € 0u1Y AT- ro{t,rJE
APPROVED AS TO FORM:
Name:
Titie:
APPROVED AS TO FORM:
Name:
Title:
v
NPS Modet MOA 1999 JRG:MGD 10/ 19/ 99
SCYURPPP MEMORANDUM OF AGREEMENT
CITY OF
Date:
By: By:
Name:
Title:
By: By;
APFROVED AS TO FORM:
i t
Name:
Title:
APPROVED AS TO FORM:
I - rName:Tr:
Title: f tfY tl Atl
Name'
lltle:
APPROVED AS TO FORM:
tcr
r r\L
CITY OF
By: By:
Nanne:
Title:
Name:
Title:
u APPROVED AS TO FORM: cl tg.
By: By:
Name:
Title:
Name:
Title:
76075 4 l\40A JRG:MGD 10/ 19/ 99
crry oF 5n zt+raoA
oate: Ttrtutbr.L l, I|li
CIry OF
SCVURPPP MEMORANDUM OF AGREEMENT
Date:
By: Bvt
Ch air, Board of Directors
By:
Date
B
CITY OF Sunnyvale
Date:
By
me: ber t . LaSala
APPROVED AS TO FORM:
lN wlrNESs WHEREOF, the pARTTES
thedates
hereto have executed this Agreement as of
shown below.
SANTA
ofCalifomia
CLARA vALLEy WATER DlsrRrcr, a body corporate and poritic of the state General Counsel
AfiEST:
Date:
General Manager
By:
COUNTY OF SANTA CUBA, a public entity of the State of California Date: APPROVED AS TO FORM:
BY: B
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
t\
76075_ 4 MQA,doc JRG:MGD 10/ 19/ 99
APPROVED AS TO FORM:
r^,4
ay: UaL.*, ,/,1. l/z--^o^z>
Name : valetie J.
rTitle: citv !,lanaqer ArmentoTitle: citv Attorne.
SCWRPPP MEMARANDUM OF AGREEMENT Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and potitic of the State of California
B By:
Chair, Board of Directors General Counsel
ATTEST:
By:- Date:
General Manager
By:
COUNTY OF SANTA CI-ARA, a public entity of the State of Califomia Date: DECi4lggg APPROVEDAS TO FORM
By: By:-.\
Cha Board of Supervi Deputy Cou Counsel
ATTEST:
Date: DEC 14 lggg
By:
lis d Perez. clsl(
CITY OF
Board ol SupeMsors
Date: APPROVED AS TO FORM:
By: By:
Name :
Title:
Name :
Title:
Date:_ APPROVED AS TO FORM:
c
JRG: MJD
3/5100
IN WTNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
SANTA CLARAVALLEYWATER DISTRICT, a body corporate and politic of the State of California
P',._
Chair, Board of Directors
R,r._
General Counsel
Date:
ATTEST:
A','_
General Manager
Rr"-
COUNTY OF SANTA CLARA, a public entity of the State of Califomia Date: APPROVEDASTOFORM:
By:- By:-
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF SAN JOSE
Date 3./o, oD APPROVED AS TO FORM:
By: By
me: Jenn ag rre Name: Mollie . Dent
Title: Assistant to the City Manager
7607 5 4
10 Title: Senior Deputy City Attorney
Date:- APPROVED AS TO FORM:
fPage 144
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
T}IE SANTA CLARA VAILEY TJRBAN RTJNOFF
POLLT] TION PREVENTION PROGRAM
Appendix 2
First Amendment to Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2005
THIRD AMEN' DMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
T}IE SANTA CLARA VALLEY IJ' RBAN RUNOFF
POLLUTION PREVENTION PROGRAM
page intentionally blank]
Appendix 2
This first amendment to Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program ( THE ' Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District'); Clry OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; Clry OF PALO ALTO, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SUNNWALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a municipal corporation of the State of California.
All of the above mentioned entities are hereinafter collectively referred to as " Parties" or individually as " Party.'
RECITALS
A. The Parties previously entered into that certain Agreement Providing For lmplementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program the " Agreement" or " MOA') pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program ( the " Program"). A copy of the agreement is attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement;
B. The Agreement provided for a five- year term, which, based on its execution, is currently set to conclude on or about March 10, 2005;
C. The Parties expect to utilize the Program to submit a reapplication for the NPDES Permit in early 2005 and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit after March 10, 2005; D. The Parties therefore desire to extend the term of the MOA as set forth below; E. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and
1 FIRST AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION
OF
THE SANTA CLARAVALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAftI
Appendix 2
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby amended as follows:
Section 2.04 of the Agreement is hereby amended as follows:
2 6.02. 01 This Agreement shall continue in full force and effect for an additional one year beyond its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03.
Section 2.
2.04.0'l The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA' s cost allocation formula and evaluate the term, scope and cost of the Program MOA.
Appendix 2
lN
ofMarch
UIflTNESS WHEREOF, The Parties have executed this Amendment effective as 10, 2005.
Sanfa Clan Valley Water District By
Name:
Tifle:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Carnpbell By:
Narne:
Title:
Date: r[e\o(
Robert Kass
Int,erim city llanager
rI
3
Appendix 2
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Secti on 6.
Section 2.
Section 2.04 of the Agreement is hereby amended as follows:
2.04,01 The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA'S cost allocation formula and evaluate the term, scope and cost of the Program MOA.
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005.
Sarta Clara Valley Water Disffici. By:.
Name:
Title:
Date:
Caunty of Santa Clarai By:
Name:
Title:
Date:
DAu, o d lZat A Po t
Section 6.02 of the Agreemeni is hereby amended as follows:
6.02.01 This Agreement shall continue in full force and effect for an additional one year beyond its original termination date of March 10, 2005, unless otheruvise terminated by the Parties in accordance with Section 6.03' By:
Name:
Title:
Date: qS
2 7. to
City of Cupertino:
if^ lv1a"."ra.r.-
J
Appendix 2
lN SflITNESS WHEREOF, thc Parrics hate esecuted this :\ nrcndnrcnt effcctivc as of itlarch 1(1.2(,05.
Saaa Claru YaIIey lVatet Disttict: llr:
Namc:
I
itlc:
I)atc:
Coudqr ofSanta Clara: Ilr:
Narne:
Iitlc:
Date:
City of Los Alos-: B1':
Namc: Phllip [.. Rosc
Date:
U
Iitlc: Cin \ Ianagcr
Appendix 2
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005.
Santa Clara Valley Water Districf By:
Name:
Title:
Dale:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Aitos Hills By )
Name:
Title:
Date:
l\/aureen Cassingham
City Manager
L-rJLB /to;
i
3
Appendix 2
lN WF NESS WHEBEOF, The Parties have o(ecuted this Amendment eftective as o, March 10,2005.
Santa Clara Valley Watet Disttict' By,
Narne:
Trtle:
Date:
County af & nta Clam. By:
l.lame:
Titb:
Date:
Town of LosGatos. By:.
Debra tr Manager
Date:
Agprcved as to Form B1t
Date:
d &
Attest By
MatL J. Admhistrator
A'O{
Date:
Town Altomey
Appendix 2
NO}Y, THE, REFORE, THE PARTIES HERE,TO FI. JRTITER AGREE AS FOLLOWS:
Section 6.
Scction 6.02 of the Agreement is hereby amcndcd as follow. s:
6.02 This Agreement shall continue in full torce and effect for an additional one year be,*-ond its original termination date of March l0- 2005, unlcss othenvise terminated by the Parties in accordance rvith Section 6.03.
Section 2.
Scction 2.04 of the. Agreement is hereby amended as follows:
2.04 The Program shall conduct an indcpcndcnt rcview bv December 31, 2005 to evaluate the MOA's cost allocation formula and evaluate the term, scope and cost of thc Program MOA.
IN WITNT^SS WIIEREO}', The Parties have executed this Amendment as of March 10, 2005.
Santa Clara Valley Woter Dirtrict: By:
Narnc:
Titlc:
Date:
Caunly of Santa Clara; By
Name:
Titlc:
Ciry of MIT,PT
APPROVED
a / os/,<tis
Date
By:
Narne:
l'itle Ac t ins
7 2
DATE
GITY ATTCBNEY
Date:
City l,lanaqer
Appendix 2
IN WTNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005.
Santa Clan Vattey Water District By:
Name:
lltle:
Date:
Countyof Sanla Clan: BY:
Name:
Title:
Date:
City of By:
Name:
Title:
Date:
3
Appendix 2
lN WI'fllESS \\ iHFIRI': O[.'i hc l]irrtics luvc creculcd thi.s..\nrentlnrenl cll'ucrive as u{' N{rrch 10. 2005.
Santa Claro l'alle1,|Yater District: I3;'
Narne:
l'itle:
Date:
County of Sonta Clara: By:
Name:
Title:
Date:
City olMountain View: Lly:
Name: Kevin
itle:
Citr- Manaeer: -
Datc:
3 flarckr cl ,
3oo5
Appendix 2
lN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005.
Santa Clara Valley Water Dislrict By:
Name:
Title:
Date:
County of Santa Clara'. By:
Name:
Title:
Date:
City of PaIo Alto By:
Name:
Title:
Date:
Jim Rrrrr:h
Mayor
I,larch 10 2005
J
Appendix 2
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of March 10,2005.
Santa Clara Valley Water Disttict By'.
Name:
Title:
Date:
County of Senta Clara'. By:
Name:
Title:
Date:
City ofS h Cl,.*a By:
Name:
Title:
Date:
cr i I .
I:
city Clerk
s aatn
AS TO
D D. PFEIF
Ci$ Ano
J
c;{y fy'ramlger
fv\o.nc],r I aooS
Appendix 2
lN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10. 2005.
Santa Clan Valley Water Disttict Byl
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Saratoga: By:
Name:
Title:
Date:
Dave Anderson
CiW Manaoer
ro'c,5
A'I-TEST:
lity
3 a5*-
I
Appendix 2
lN WITNESS UITHEREOF, The Parties have executed this Amendment effective as of March 10,2005.
Sanfa Clara Valley Water District' By:
Name
Title:
Date:
County of Sanla Clara:. BY:
Name:
Title:
Date:
r.
Citv of Sunnwale: By:
Name:
Title:
Date:
Approved as to Form; BY:
Name:
Chan
City M
1-/(
Joan Boroer
Title
Date:
Cifu Attornev
3
Appendix 2
tN WITNESS WHEREOF, The Parties have executed this Amendmenteffective as of March 10, 2005.
Sanfa Ctala Vatley Water District By:
Name:
fitle:
Date:
I
City of
County ofSanta Clam: By:
Narne:
Title:
Date:
By
Narne:
Title:
Date:
KrfIsS
cuAa, sCIARp or $uPEn\rts0ag
HAR 0 1' 2005
Anesr f,/l o*.
Phyllis Pffi, fierlx of the eoard of$Oervisors
Date: tAR 012005
Approved as to form and legality
Deputy County Counsel
Date: ) l{ CS
3SCVURPPP FIRST AMENBMENT
Appendix 2
IN TVITNESS \ ryHEREOF, the Parties have executed this Amendment effective as of March 10, 2005.
Sonta Clara Valley lYater District: By:
Name:
Title:
Date :
Coanty otSanta Clara: By:
Name:
Title:
Date:
iily of San lose: MByt
Nanre:
Title:
Date:
PTTER , ffi
TO THE CITY MANAGER
J,: i.".rii ". I';-,i
3-raof
J
a r
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TIIE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
Appendix 3
Second Amendment to Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2006
THIRD AMEN' DMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TTIE SANTA CLARA VAILEY URBAN RUNOFF
POLLI] TION PREVENTION PROGRAM
page intentionally blank]
SECOND AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PRO GRAM
THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY IIRBAN RLTNOFF POLLUTION PREVENTION PROGRAM ( the " Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (" District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of Califomia; CITY OF MILPITAS, a municipal corporation of the State of Califomia; CITY OF MONTE SERENO, a municipal corporation of the State of Califomia; CITY OF MOI-INTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of Califomia; CITY OF SANTA CLARA, a municipal corporation of the State of Califomia; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SI-INNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of Califomia.
All of the above- mentioned entities are hereinafter collectively referred to as Parties" or individually as " Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program the " Agreement" or .'
MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program ( the " Program"), including a cost sharing allocation, which was appended thereto as Exhibit A. A copy of the Agreement, including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement originally provided for a five year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20,2005, the Parties unanimously entered into a First Amendment to the Agreement ( attached hereto as Appendix 2), which extended the term of the Agreement by one additional year and, during that year, directed the Program to undertake a management and cost allocation review. The Program used an independent contractor to conduct the management and cost allocation review, which was completed and submitted to the Management Committee in Novembet 2005;
C. The Parties expect to utilize the Program to continue to represent their interests in negotiating the terms of a renewed NPDES Permit, which may manifest itself in a Municipal Regional Permit (" MRP"), in2006, and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit and/ or MRP after March 10,2006;
D. The Parties also expect to continue to utilize the Program's preferred approach ofachieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus- based resolutions appear or become elusive; E. The Parties desire to update the Agreement and extend the term of the MOA as set forth below;
F. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three ( 3) months following acceptance by the Management Committee; and
G. The Program' s Management Committee accepted this Amendment for referral to the Parties' Councils and/ or Boards at its meeting on December 15, 2005.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recoenition of Current Permit. Recital F of the Agreement is hereby amended by the following additional subsections:
3. Order No. 01- 024 ( re-issued NPDES Permit No. CAS029718); adopted February 21,2001;
4. Order No. 01-i 19 (Modification to re-issued NPDES Permit No CAS02971 8); adopted October 17, 2001;
5. Order No. R2-2005-0035 (Further Modification to re-issued NPDES Permit No. CAS0297 l8); adopted July 20, 2005.
2. Cost Sharine Allocation. Effective with fiscal year 2007, the following footnote shall be deemed to have been added to "Exhibit A" of the MOA and to be shown by means of an asterisk placed immediately following the Proportional Share of
30. 02oA" shown for the District:
One-third of the District' s 30. 02% contribution is expected to be from funding derived by the District from Outcome 2 and Activity 2.5 of the voter- adopted Clean Safe Creeks program; the remaining twothirds of the District' s contribution is expected to be derived by the District from property tax revenues. 2 Page 166
3. Contractine/Fiscal Asent. Section 4.02 of the Agreement is hereby replaced by the following:
In March 2005, the District notified the Management Committee that it was withdrawing as the Contracting/Fiscal Agent within ninety ( 90) days; the City of Sunnyvale thereafter agreed to serve as the Contracting/Fiscal Agent and was nominated to do so by another Party and selected as the Program's ConkactinglFiscal Agent by a majority vote of the Management Committee. The City of Sunnyvale may withdraw as the Contracting/Fiscal Agent upon the provision of ninety ( 90) days written notice to the Management Committee.
4. Extension of Term of Asreement. Sections 6.02 and 6.02.01of the Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties by the RWQCB-SFBR; such termination date shall, include any administrative extension of the next NPDES
Permit's term which occurs pursuant to the NPDES regulations.
5. Supersedine Effect. This Second Amendment of the Agreement shall supersede and replace the First Amendment of the Agreement. remainder of page intentionally blank]
J Page 167
I,
1l
IiY LTNESS II'HEREOF. the Parties,have executed this Arnendment effective as of V1arch 10,2006.
Santa Clara Valley Water District: By:
l '".1'
rt
jrl
i
il"II
i., t .'i
i.
t.
t',.!
l',, i
1.t
J , r,l,.'. 1
ln,
i, ,, I., '
i
Jir':
N
Title:
Date:
Cowfiy of Santa Clara: By:
Name:
Title:
Date:
By:
Name:
Title;
Date:
eldd
z/tt- 0o ,(-
City of
l" i
l
i
il
2().i()d"i 5
ti,1z':*.rr*
I
i,
IN 1VXTNESS WHERSOF, the Parties have executed this Amendrnent effective as of Ivlarch t4,2006.
Santa ClaruYslley Water Distrtct: By:
Name:
Iitle:
Date:
Coanty af Santa Clara: By,
Name:
Tirle:
Date:
Ctty Canpbell By:
Name:
Title:
Date:
RoberE Kasg
Public Works Di.rector
January 23, 2006
IA
f?
rll
i:,'," '
r ' '
1, '
I
f,
t,
I
t,.'
I,
I,t.,"
t
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of Ivlarch 10, 2006.
gB'd rulol
Santa Clara Valley ll/ater District: By:
Name:
Title:
Date:
County of Santo Clara: By:
Name:
Title:
Date:
City 67 guOertino: By:
Name:
Sant r> vt (
J
2(,
Title:
l, zL. oc
1.r,, '
il;
t
rlt.
oa ) mo? 7CO BTa
Date:
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10, 2006.
Santa Claro Valley ll/ater District: By:
Name:
TitIE:
Date:
County of Santa Cloro: By:
Name:
Title:
Date:
City of Los Altos: By:
Name: Philip Rose
Title: Cttv lt4auager
Date:
4
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10,2006.
Santo Clara Volley ll/ater Dbtrict: By:
Name:
Title:
Date:
County of Santa Clora: By:
Name:
Title:
Date:
Town of Los Altos Hills: By:
Narne,
ManagerTitle: Acting City
Date:
4?
4 p e ^Lfil
IN WITNESS THEREOF, the Parties have executed this Amendment Effective as of March 10,2006.
Santu Clara Yalley Water District: By:
Name:
Iitle:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos: By:
Town Manager
Date:
Approved as to Form By:
Town Attomey
Date: l,
Attest By:
J
Date: ,' ta
4 a
IN IVITNESS IYI{ERBOF, the Parties have executed this Amendment effective as of March 10, 2006.
Santa Clara Valley Water District: By,
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
CtA of s By
Name:
Title:
Date:
CTTY
3 TEBP; luAqY 2OOID
APPROVED
DATE 1.H.znt
CTTY A1''
l,r.lLJ{vs
l//r;1s
4 sf-2050445
IN MTNESS WHERBOF, the Parties have executed this Amendment effective as of March 10,2A06.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Monte Sereno By:
Name:
Title:
Date:
Brian Loventhal
Januarv I 2006
4
Ii\ WITNESS lV[IEREOF, the Partics have executed this Amendment cffectivc as of March I0. 2006.
Santa Clars Valley ll/ater District: By:
Name:
Title:
Date:
Coungt of Santa Clara: By:
Name:
Title:
Date:
City of Mountain View: By:
Name:
Title:
Date:
4
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10,2006.
Santa Clara Vallel, Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
I
ciq, PaIo Alto By:
Name:
Title:
Date:
Kleinber
Mayor
March 6 , 2006
4 sf-2050445
IN WITNESS WIIEREOF, the Parties have executed this Amendment effective as of March 10, 2006.
Santa Clara Yalley lYater District: By:
Name:
Title:
Date:
Courrty of Santa Clara: By:
Name:
Title:
Date:
Cityof SM OLrt&4 : By:&^ rniJ u( dnanan- lt:y
xu*(Lt1r{M*,
Title: e
Dare: / *.3A -O1'
r
AS
B.
City Attcrney
T
C Clci' k
4
IN WITNESS WHER-EOF, the Parties have executed this Amendment effective as of March 10, 2006.
tanta ClaruYallcy Watu Distrlia; By:
Name:
Title:
Date:
County of Santa Clwa: Byt
Name:
Title:
Date:
City SoL,<t{*5 < By: e-/
Name:
Tirle:
Date:
4^-*/" .-! crd
C,Y 2t-q - Lt2 7- 2do(
4
IN WITNESS WHEREOF, the Parties have executed this Amendment efl'ective as of March 10, 2006.
Santa Clora Valley Woter District: By:
Name:
Title:
Date:
County of Santa Clora: By:
Name:
Title:
Date:
City of Sunnyvale: By:
Name:
Title:
Date:
Amv Chan
Approved r\' rc lo Form:
City of Sunnyvale)
By:
Name:
Title:
Date:
David Kahn
Citv A
l- -t
f -r:C
4 City Manager
t
i";.'l
iJil,;',
ffi
il,ti - eil[t' : '{
Qr.:';;; i.\\I.{
rJ'!l
l. .',{
i:;,.,,, iil
t''\,
1..
j
1 ,, ) rlr ' t
t
IN WITNESS WHEREOF, the Parties have executed this Amendmcnt effectivc as of March 10,2006.
Santa Clara Valley Water District' By:
Name:
Title:
Date:
County of Santa Clara: By:
Name: T. BEALL, JR.
CfI.AiR
n,,i,.:
i.r.i,
ri
i',1
7 Ti
By:
Name:
Title:
Date:
Date: JAf,lZ4?006
A?TEST : Phyllls A. Psrar, Sls{k
Bpard of
r.l
City
Fonn ard
lt
4 sf-2050445
r .,i' .,
1i
d
11.$
I
oabW
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10,2006.
Santo Clara Yolley lYater Districl: By:
Name:
Title:
Date:
County of Santo Claro: By:
Name:
Title:
Date
City of San Jose: By:
Nanre: Deanna Santana
l'itlc:
Deputy City Manager
Date: lvlarch 10,2006
Approved As To Form
By:
Nanrc: iviollie J. Dent
l'itlc:
Senior Deputy City Attorney
1 sl--20-5 1296
er^^^- I^1-*
Attachment 2
ATTACHMENT 2
FOURTH AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the “Amendment”) is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (“District”); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as “Parties” or individually as “Party.”
RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Agreement” or “MOA”) pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Program”), including a cost sharing allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement as amended. A copy of the Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the Agreement inclusive of all of its previous amendments is available via the internet at https://scvurppp.org/wpcontent/uploads/2019/10/MOA_2016_complete_package_DEC_2016.pdf); B. The Agreement originally provided for a five-year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement, which extended the term of the Agreement by one additional year.
2 C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement, which extended the term of the amended Agreement by “one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” The next NPDES permit applicable to the Parties (and others) was subsequently adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (“RWQCB SFBR”) on October 14, 2009 and was known as the Municipal Regional Permit (“MRP”) because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 2015 (“MRP 2.0”). MRP 2.0 became effective on January 1, 2016 and was originally scheduled to terminate on December 31, 2020; D. The Parties thereafter unanimously entered into a Third Amendment to the Agreement, which once again extended the term of the amended Agreement by “one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties, including any administrative extension of the next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” MRP 2.0 was then administratively extended, largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on May 11, 2022 (“MRP 3.0”). MRP 3.0 became effective on July 1, 2022 and is currently scheduled to terminate on June 30, 2027 unless administratively extended; E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 3.0 (including with respect to an administrative appeal of its adoption that the State Water Resources Control Board is considering to pursue on its own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0 nears the end of its anticipated five-year term and any administrative extension provided thereto;
F. The Parties also expect to continue to utilize the Program’s preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus-based resolutions appear or become elusive; G. The Parties now desire to update the Agreement as previously amended and further extend the term of the MOA as set forth below; H. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and
3 I. The Program’s Management Committee accepted this Amendment for referral to the Parties’ Councils and/or Boards at its meeting on January 19, 2023.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections:
6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES Permit CAS612008); adopted October 14, 2009 and amended by the RWQCB SFBR on November 28, 2011;
7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on November 19, 2015;
8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on May 11, 2022.
2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 3.0; such termination date shall, however, be deemed to include any administrative extension of MRP 3.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 3.0
termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Fourth Amendment of the Agreement shall supplement all prior amendments of the Agreement and supersede any conflicting provisions of the prior amendments of the Agreement.
[remainder of page intentionally blank]
4 IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective as of the last date indicated below or April 19, 2023, whichever arises earlier.
Town of ____________________: By: ___________________________________ Name: ___________________________________
Title: ___________________________________
Date: ___________________________________
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL AGENDA REPORT
MEETING DATE:02/21/2023
ITEM NO: 10
DATE: February 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for December 2022.
RECOMMENDATION:
Receive the Monthly Financial and Investment Report for December 2022.
DISCUSSION:
As of January 2023, staff has changed the frequency of the reporting from quarterly to monthly to comply with the California Government Code Section 41004. California Government Code Section 41004 requires that the Town Treasurer submits to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursement, and fund balances. The Finance Director assumes the Town Treasurer role. Attachment 1 contains the December 2022 Monthly Financial and Investment Report which fulfills this requirement.
Based on the Finance Commission’s comments at the January meeting, Attachment 1 contains a Fund Balance Schedule, representing estimated funding available for all funds at the end of the December 2022. The Finance Commission reviewed the new format at its February meeting and recommended additional clarification to the Investment Portfolio Reporting including changing fund balance to cash balance, noting that weighted average yield to maturity (YTM) pertains to total investments under management, adding coupon rate, and adding a calculation comparing current market value versus historical costs to the investment reporting schedule.
All of the Finance Commission recommendations are included in the attached December Financial and Investment Report.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Cash is adjusted
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report (December 2022) DATE: February 16, 2023
DISCUSSION (continued):
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
As of December 31, 2022, the Town’s financial position (Assets $76.1M, Liabilities $27.2M and Fund Equity $48.9M) remains strong and there are no issues meeting financial obligation in the near future.
As of December 31, 2022, the Town’s weighted portfolio yield was 2.28% which exceeded by 11 basis points the Local Agency Investment Fund (LAIF) yield of 2.17% for the same reporting period. Currently the LAIF portfolio’s weighted average maturity (WAM) is 304 days versus the Town’s longer WAM of 439 days. This slightly longer maturity allows the Town to pick up higher yields available on the later maturities. The Town’s weighted average rate of return of
2.28% at the close of December was 25 basis points higher when compared to the prior months return of 2.03% reported as of November 30, 2022.
Since September 30, 2022, LAIF yields had climbed from 151 basis points (1.51%) to 217 basis points (2.17%) through the end of December 2022. Staff in coordination with the Town’s investment advisor continued primarily replacing maturing investments with shorter to medium term maturities in the two- to three-year maturity range. These investments capture current yields that exceed the rates expected to be earned in the LAIF pool during that same time period. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
Regarding the state of the interest rate environment as of December 2022, the Federal Reserve (Fed), announced a downshift in its policy tightening. It raised the upper bound of its policy rate by 50 basis points from 4% to 4.5% following four consecutive 75 basis points hikes. The Fed indicated that it still has more interest rate hiking to do in calendar year 2023. Federal Reserve chair Powell stated that rates are still “not sufficiently restrictive.” The Fed’s most notable and anticipated change was to its calendar year 2023 year-end interest rate forecast, now projected at 5.13%, up from latest prior forecast of 4.65%. Only two of the board members projected a lower rate than the consensus rate.
The Town's investments are in compliance with the Town's Investment Policy dated January 17, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California Total Cash $ 64,463,675
Plus: Asset $ 11,663,388
Less: Liabilities $ (27,224,307)
Ending Fund Balance $ 48,902,756
Reconciling Cash to Fund Balance
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report (December 2022) DATE: February 16, 2023
State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
CONCLUSION:
Review and recommend changes for Town Council consideration regarding the proposed new format for the Monthly Financial and Investment Report (December 2022).
Attachments:
1. Financial and Investment Report as of December 31, 2022
2. Public Comment Received before Publishing this Staff Report
2.28% Weighted Average Maturity (days) 439
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $64,463,675 $65,273,987 $60,407,357 Managed Investments $46,905,578
Local Agency Investment Fund $6,941,940
Reconciled Demand Deposit Balances $10,616,157
Portfolio Allocation & Treasurer's Cash Balances $64,463,675 Benchmarks/ References:
Town's Average Yield 2.28% 2.01% 1.20%
LAIF Yield for month 2.17% 1.77% 0.21%
3 mo. Treasury 4.41% 4.38% 0.06%
6 mo. Treasury 4.77% 4.71% 0.19%
2 yr. Treasury 4.43% 4.31% 0.74%
5 yr. Treasury (most recent) 4.01% 3.74% 1.27%
10 Yr. Treasury 3.88% 3.61% 1.51%
Weighted Average YTM Portfolio Yield on Investments under Management Town of Los Gatos
Summary Investment Information
December 31, 2022
0 - 1 year
30%
1 - 2 years
30%
2 - 3 years
25%
3 - 5 years
15%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated Janaury 17, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
ATTACHMENT 1
Month YTD
Cash & Investment Balances - Beginning of Month/Period $65,273,986.94 $72,886,942.83 Receipts 4,407,209.11 24,570,269.20
Disbursements (5,217,521.12) (32,993,537.10)
Cash & Investment Balances - End of Month/Period $64,463,674.93 $64,463,674.93 Portfolio Allocation: % of Portfolio Max. % 0r $ Allowed Per State Law or Policy BNY MM $252,778.29 0.47% 20% of Town Portfolio
US Treasury Notes $10,037,973.70 18.64% No Max. on US Treasuries Government Agency Debenture Notes $23,416,349.00 43.49% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,198,477.01 24.51% 30% of Town Portfolio Local Agency Investment Fund $6,941,939.56 12.89% $75 M per State Law Subtotal - Investments 53,847,517.56 100.00%
Reconciled Demand Deposit Balances 10,616,157.37
Total Portfolio Allocation & Treasurer's Cash Balances $64,463,674.93 Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
December 31, 2022
BNY MM
0.47% US Treasury Notes
18.64%
Government Agency Debenture Notes
43.49%
Corporate Medium Term Bonds
24.5%
Local Agency Investment Fund
12.9%
Portfolio Investment Allocation
0 10000000
20000000
30000000
40000000
50000000
60000000
70000000
80000000
90000000
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Treasurer's Fund Balances
page 2 Page 191
Town of Los Gatos
Non-Treasury Restricted Fund Balances
December 31, 2022
DEC 22 DEC 22 DEC 22
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
`
Cert. of Participation 2002 Series A Reserve Fund $ 688,680.37 $ 1,776.46 $ 690,456.83 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 132.84 0.34 133.18 Note 1 Cert. of Participation 2002 Lease Payment Fund 2,043.36 5.32 2,048.68 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,287,499.24 3,620.15 1,291,119.39 Note 2 Total Restricted Funds: $ 1,978,355.81 $ - $ 5,402.27 $ - $ 1,983,758.08 CEPPT IRS Section 115 Trust 643,821.47 18,501.50 0.00 $ 662,322.97 Just check this with the final quar Grand Total COP's and CEPPT Trust $ 2,622,177.28 $ - $ 23,903.77 $ - $ 2,646,081.05 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other p
Town of Los Gatos
Statement of Interest Earned
December 31, 2022
Interest by Month
July 2022 $60,107.76
August 2022 61,456.65
September 2022 60,153.38
October 2022 68,965.25
November 2022 68,430.71
December 2022 77,485.61
January 2023
February 2023
March 2023
April 20203
May 2023
June 2023
$396,599.36
Town of Los Gatos Investment Schedule December 31, 2022 Value Maturity Yield to Interest Interest Interest Days Deposit Par Original Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 964,726.56 (30,664.07) 10/15/2023 0.33% $ 1,615.44 $ 3,260.06 $ 1,643.43 288 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 04/12/21 500,000.00 510,580.00 488,811.04 (21,768.96) 8/25/2023 0.45% $ 9,243.75 $ 2,780.30 $ 1,152.20 237 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 1,075,384.30 (31,930.70) 8/25/2023 0.94% $ 9,240.00 $ 4,812.29 $ 5,208.60 237 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 1,060,769.53 (29,906.25) 10/31/2023 0.85% $ 3,281.77 $ 4,286.54 $ 4,694.78 304 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 1,168,406.26 (19,968.74) 7/31/2023 0.75% $ 823.37 $ 4,153.18 $ 4,548.72 212 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 971,934.33 (42,465.67) 2/23/2024 1.90% $ 73,775.83 $ 55,756.94 $ 9,651.25 419 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 1,512,321.33 (85,678.67) 3/28/2024 0.34% $ 9,453.34 $ 9,279.41 $ 2,710.18 453 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 1,927,630.96 (70,369.04) 10/13/2024 0.31% $ 11,153.33 $ 10,396.24 $ 3,075.41 652 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 1,213,653.62 (14,937.38) 10,262.78 6/21/2027 4.19% $ (10,262.78) $ - $ 1,613.96 1633 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 952,740.40 (39,219.60) 1/1/2026 3.04% $ 4,750.00 $ - $ 13,208.02 1097 Home Depot 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 317,310.55 (4,786.33) 6/30/2025 3.16% $ 342.39 $ - $ 4,150.18 912 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 972,886.72 (98,153.28) 5/15/2024 0.71% $ 49,166.67 $ 9,358.41 $ 3,727.16 501 US Treasury 912828R28 US Treasury Note 1.63% 7/2/2019 500,000.00 497,246.09 495,351.56 (1,894.53) 4/30/2023 1.77% $ 27,046.54 $ 26,507.80 $ 4,458.35 120 Freddie Mac 3137EAEN5 Gov. Agency Debenture 2.75% 7/19/2019 2,000,000.00 2,072,358.00 1,983,123.36 (89,234.64) 6/19/2023 1.79% $ 187,916.67 $ 107,829.55 $ 18,422.13 170 FFCB 3133EKVF0 Gov. Agency Debenture 1.88% 7/22/2019 1,000,000.00 999,630.00 999,028.21 (601.79) 1/17/2023 1.89% $ 55,989.58 $ 55,482.90 $ 9,505.45 17 Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 717,875.00 5,309.82 3/31/2026 4.14% $ - $ - $ 7,806.54 1186 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 899,153.96 (1,785.64) 9/30/2025 4.14% $ - $ - $ 9,562.22 1004 US Treasury 91282CDA6 Gov. Agency Debenture 0.25% 1/31/2022 1,100,000.00 1,085,222.44 1,063,433.59 (21,788.85) 9/30/2023 1.07% $ 1,820.74 $ 4,781.92 $ 5,865.83 273 US Treasury 91282CAW1 Gov. Agency Debenture 0.25% 7/15/2021 1,200,000.00 1,199,437.50 1,153,875.00 (45,562.50) 11/15/2023 0.27% $ 4,002.72 $ 3,107.52 $ 1,633.67 319 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 963,812.31 (48,597.70) 6/27/2024 2.12% $ 72,733.34 $ 55,189.68 $ 10,734.57 544 JP Morgan Chase 46625HRS1 Gov. Agency Debenture 3.20% 9/23/2022 500,000.00 474,660.00 472,653.08 (2,006.92) 3/15/2026 4.70% $ 3,644.44 $ - $ 6,316.61 1170 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 961,879.02 (52,780.98) 7/15/2024 1.64% $ 62,483.33 $ 51,828.99 $ 10,006.86 562 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 972,522.93 (104,847.07) 5/17/2024 0.44% $ 49,400.00 $ 6,129.72 $ 2,292.42 503 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 1,053,414.19 (52,419.11) 7/2/2024 1.63% $ 52,456.25 $ 48,706.74 $ 9,080.08 549 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 982,424.56 (66,615.44) 1/5/2024 2.12% $ 88,218.75 $ 54,380.13 $ 10,887.86 370 FHLB 3133834G3 Gov. Agency Debenture 2.13% 3/11/2021 1,400,000.00 1,460,522.00 1,384,401.94 (76,120.06) 6/9/2023 0.19% $ 51,897.22 $ 3,664.98 $ 1,416.71 160 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 958,996.01 (60,783.99) 9/10/2024 1.66% $ 60,031.11 $ 45,130.78 $ 8,447.67 619 PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 993,122.23 (40,347.77) 6/25/2023 1.49% $ 17,733.33 $ 5,372.34 $ 6,912.67 176 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 1,083,218.59 (19,733.81) 8/25/2025 3.04% $ 937.50 $ 1,902.68 $ 17,504.64 968 Treasury 912828ZL7 Gov. Agency Debenture 0.38% 4/12/2022 1,700,000.00 1,583,927.57 1,552,710.95 (31,216.62) 4/30/2025 2.72% $ 3,504.49 $ 9,611.14 $ 22,385.45 851 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 1,382,205.59 (103,208.41) 2/1/2024 2.39% $ 154,913.89 $ 96,022.89 $ 17,475.98 397 American Honda 02665WDH1 Corporate Bond 1.95% 2/14/2020 600,000.00 603,756.00 592,990.07 (10,765.93) 5/10/2023 1.75% $ 33,995.00 $ 25,034.14 $ 5,312.90 130 Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 975,546.88 (57,386.16) 12/31/2023 0.66% $ 24,456.52 $ 3,924.44 $ 3,390.13 365 Treasury 91282CBE0 2 Gov. Agency Debenture 0.13% 10/7/2021 1,000,000.00 994,768.98 953,710.94 (41,058.04) 1/15/2024 0.36% $ 964.67 $ 2,587.41 $ 1,789.78 380 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 946,443.31 (51,166.69) 2/26/2024 0.33% $ 3,750.00 $ 4,416.63 $ 1,661.88 422 FHLB 3130AQF65 US Treasury Note 1.25% 11/30/2022 1,300,000.00 1,160,559.40 1,165,394.27 4,834.87 12/21/2026 4.15% $ 947.92 $ - $ 4,296.91 1451 Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 976,640.62 (35,234.38) 11/30/2023 1.84% $ 70,833.33 $ 54,014.24 $ 9,332.04 334 Treasury 912828X70 US Treasury Note 2.20% 12/30/2019 1,000,000.00 1,010,589.29 965,156.25 (45,433.04) 4/30/2024 1.75% $ 62,703.30 $ 48,922.73 $ 9,859.56 486 Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 963,828.12 (51,839.29) 5/31/2024 1.64% $ 61,639.34 $ 44,208.50 $ 8,360.09 517 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 943,283.17 (69,587.83) 10/10/2023 0.41% $ 36,924.65 $ 3,232.93 $ 2,058.34 283 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 1,469,140.89 (118,362.86) 12/21/2023 2.12% $ 142,911.46 $ 64,945.24 $ 11,523.55 355 Freddie Mac 3133EKKT2 Gov. Agency Debenture 2.25% 6/24/2019 1,550,000.00 1,573,188.00 1,546,731.53 (26,456.47) 2/8/2023 1.82% $ 117,606.25 $ 86,008.42 $ 14,360.75 39 Treasury 91282CBE0 Gov. Agency Debenture 0.13% 9/15/2021 650,000.00 647,615.46 619,912.11 (27,703.35) 1/15/2024 0.28% $ 675.62 $ 1,447.14 $ 924.56 380 Subtotal $ 46,500,000.00 $ 46,652,799.71 $ 44,818,555.84 $ (1,834,243.87) $ 10,262.78 $ 1,614,721.07 $ 1,018,474.95 $ 308,970.06 BNY MM Money Market 252,778.29 252,778.29 0.00 0.00% 1
LAIF State Investment Pool 6,941,939.56 6,941,939.56 0.00 2.17% 59,805.13 1 $53,847,517.56 $52,013,273.69 ($1,834,243.87) $10,262.78 $ 1,614,721.07 $ 1,018,474.95 $ 368,775.19 Matured Assets
IBM 459200HG9 Corporate Bond 8/8/2019 1,000,000.00 995,010.00 8/1/2022 2.05% $ 55,885.42 $ 59,141.32 $ 1,790.47 JP Morgan Chase 46625HJE1 Gov. Agency Debenture 2/11/2020 900,000.00 934,587.00 9/23/2022 1.74% $ 76,537.50 $ 38,210.60 $ 3,733.22 Treasury 912828L57 US Treasury Note 7/22/2019 1,200,000.00 1,197,988.40 9/30/2022 2.09% $ 67,016.39 $ 63,644.66 $ 5,451.87 Treasury 912828M80 US Treasury Note 7/22/2019 1,000,000.00 1,006,175.23 11/30/2022 1.81% $ 67,158.47 $ 53,444.10 $ 7,613.55 BankAmerica Corp 06051GHC6 Corporate Bond 10/9/2020 1,300,000.00 1,366,287.00 12/20/2023 0.66% $ 85,805.92 $ 31,569.88 $ 9,235.07 Total Investments "Matured" $ 27,824.17
Total Interest FY 22_23 Matured and Current $ 396,599.36 Maturity Profile Amount
l $27,257,067.08
1-2 years $18,112,198.45
2-3 years $3,909,916.45
3-5 years $ 4,568,335.58
$53,847,517.56
Amortized
Institution Cost
BNY Assets $46,652,799.71
BNY MM 252,778.29
LAIF 6,941,939.56
Totals: $53,847,517.56
Market to Cost Position Report
Security Description Maturity Date Par/Shares Moody Rating S&P Rating Insight ESG Rating Environment Social Governance IBM CORP 1.875% 01AUG2022 8/1/2022 $ 1,000,000 A3 A- 2 1 2 5 JPMORGAN CHASE & CO 3.25% 23SEP2022 9/23/2022 $ 900,000 A1 A- 3 1 2 4 AMERICAN HONDA FINANCE 1.95% 10MAY2023 5/10/2023 $ 600,000 A3 A- 2 2 3 3 PNC BANK NA 3.8% 25JUL2023 (CALLABLE 25JUN23) 7/25/2023 $ 1,000,000 A3 A- 3 2 3 3 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 8/25/2023 $ 1,600,000 A1 A+ 3 3 3 5 AMERICAN HONDA FINANCE 3.625% 10OCT2023 10/10/2023 $ 950,000 A3 A- 2 2 3 3 JPMORGAN CHASE & CO 3.875% 01FEB2024 2/1/2024 $ 1,400,000 A1 A- 3 1 2 4 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 2/5/2024 $ 1,000,000 A2 A 3 3 4 4 IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A3 A- 2 1 2 5 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A2 A 3 3 2 4 AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A3 A- 2 2 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A2 A 3 3 4 4 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A2 A 1 2 2 2 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN2027) 9/12/2027 $ 1,300,000 Aaa AA+ 3 3 3 5 Total/Average $ 14,750,000 2.5 2.1 2.7 3.9
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of December 31, 2022
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
GENERAL FUND
Non-Spendable: - - - - -
Loans Receivable 159,000 159,000
Restricted Fund Balances:
Pension 690,000 690,000
Committed Fund Balances:
Budget Stablization 5,991,566 5,991,566
Catastrphic 5,991,566 5,991,566
Pension/OPEB 300,000 300,000
Assigned Fund Balances:
Open Space 410,000 - - - 410,000
Sustainability 140,553 140,553
Capital/Special Projects 11,071,231 11,071,231
Carryover Encumbrances 33,145 - - - - 33,145
Compensated Absences 1,519,147 - - - - 1,519,147
Measure G District Sales Tax 590,581 - - - - 590,581
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution - (3,355,854) 6,211,284 (6,732,033) - (3,876,603) General Fund Total 26,896,789 (3,355,854) 6,211,284 (6,732,033) - - 23,020,186 December 2022
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-Nov
Estimated Fund
Balance
12/31/2022*
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,654 - - - - - 166,654
222 Urban Runoff (NPDES) 451,558 55,835 29,996 (20,719) - - 516,670 231-236 Landscape & Lighting Districts 174,236 (2,243) - (75) - - 171,918 241 ARPA - 3,614,872 - - - - 3,614,872
251 Los Gatos Theatre 19,500 (3,182) 17,850 (192) - - 33,976 711-714 Library Trusts 555,254 15,463 - (382) - - 570,335 Special Revenue Total 1,367,202 3,680,745 47,846 (21,368) - - 5,074,425
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 14,783,787 1,314,643 82,237 (310,913) 33,000 - 15,902,754 421 Grant Funded Projects (948,603) 26,444 293,900 (27,787) - - (656,046) 461-463 Storm Basin Projects 3,218,811 56,072 888 - - - 3,275,771 471 Traffic Mitigation Projects 405,570 (1,127) - (670,514) - - (266,071) 472 Utility Undergrounding Projects 3,302,514 60,167 159 - - - 3,362,840 481 Gas Tax Projects 1,836,068 (1,015,244) 130,617 - - - 951,441 Capital Projects Total 22,598,147 440,955 507,801 (1,009,214) 33,000 - 22,570,689
INTERNAL SERVICE FUNDS
611 Town General Liability 803,292 (624,462) 46,200 (600) - - 224,430 612 Workers Compensation 1,295,185 (212,201) 111,905 (128,184) - - 1,066,705 621 Information Technology 2,990,932 (124,793) 159,136 (58,362) - - 2,966,913 631 Vehicle & Equipment Replacement 2,222,395 (135,356) 164,209 - - - 2,251,248 633 Facility Maintenance 928,481 (171,633) 234,783 (12,398) - - 979,233 Internal Service Funds Total 8,240,285 (1,268,445) 716,233 (199,544) - - 7,488,529 Trust/Agency
942 RDA Successor Agency (7,607,527) (1,643,350) 1,893,713 (1,893,909) - - (9,251,073) Trust/Agency Fund Total (7,607,527) (1,643,350) 1,893,713 (1,893,909) - - (9,251,073) Total Town 51,494,896 (2,145,949) 9,376,877 (9,856,068) 33,000 - 48,902,756 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $1,310,890 111-23521 BMP Housing deposit account balance $3,698,538 Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-Nov
December 2022
Estimated Fund
Balance
12/31/2022*
From: Phil Koen
To: Gitta Ungvari
Subject: General Items
Date: Monday, February 13, 2023 2:17:42 PM
[EXTERNAL SENDER]
Hi Gitta,
I hope you had a good weekend and got some rest. Thank you again for meeting with me on Friday.
In preparing for the FC meeting this evening, I had two items for you.
1. Could you please walk the FC through the investment report – We have several new members, including me, who might be looking at this report for the first time. It might be helpful to walk everyone through the report to make sure there is a common understanding. I would appreciate you taking a few minutes to do so. Please touch on the following:
a. Weighted Avg YTM Portfolio Yield – please make sure everyone understands that this is not for the entire $64.4m portfolio but only the BNY managed portion of the portfolio ($44.8m). The heading is confusing.
b. Weighted avg maturity – explain how this is changing over time and if this is only for the BNY assets. Currently there is $27.7m of the of the $53.8 invested portfolio (BNY assets, BNY MM and LAIF) that has a maturity less than 365 days. In October it was $23.4m. We will have an opportunity to re-invest a portion of the portfolio at much higher rates over the coming year. This plants the seed for the 5 year forecast for interest income.
c. Please point out the amount we are carrying in demand deposit accounts – you are thinking about whether that is the right number.
d. Please clarify the “fund balances” are not fund balances but the total amount of the BNY asset portfolio. We should also be clear on the terms used such as Total Treasurer’s Fund.
e. On the investment schedule touch on “original Cost”. I assume this is the original acquisition cost. You might discuss how the mark to market works relative to original acquisition cost since we took a $2.6m hit last year. How is this reflected in the report? f. On interest earned in current year you could talk about how you can compute the current yield (interest income/current market value) of the BNY asset portfolio. g. On the maturity profile you can discuss how this is changing each month as the portfolio ages.
I think this will take about 10 minutes max, but I know a number of the members would greatly appreciate it you taking the time. Sharing with the FC how you look at this report would be very helpful.
2. I checked on the how the ARPA revenue was reported in the ACFR, and the revenue was recorded in the Special Revenue ARPA Fund. In the Annual City Financial Report, the ARPA revenue was recorded as Other State Grants functional revenue and applied against Public Safety – Disaster Preparedness expense. But for ACFR purposes, the revenue was reported as ATTACHMENT 2
revenue in the ARPA Fund with no expenses recorded in that fund. The $3.4m fund balance was then transferred to the GF. After that, all visibility is lost.
Thanks for your help.
Phil
Intermedia
Intermedia
100 Mathilda Place Suite 600, Sunnyvale, California 94086 www.intermedia.com | LinkedIn | Twitter | Facebook | Blog J.D. Power
J.D. Power certifies Intermedia for providing an "Outstanding Customer Service Experience" in Assisted Technical Support 6 years running - a first among cloud communications providers
This message is intended only for the person(s) to which it is addressed and may contain Intermedia.net. Inc. privileged, confidential and/or proprietary information. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Any disclosure, copying, distribution, or the taking of any action concerning the contents of this message and any attachment(s) by anyone other than the named recipient(s) is strictly prohibited.
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 2/21/2023
ITEM NO: 11
DATE: February 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year (FY) 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), completed by Pavement Coatings, and authorize the Town Clerk to file for recordation.
BACKGROUND:
The Town’s FY 2021/22 Street Repair and Resurfacing Project focused on preventive maintenance through rubber cape seal, slurry seal, and crack seal treatments.
On February 15, 2022, the Town Council approved the plans and specifications for the FY 2021/22 Street Project, approved advertising the project for bid, and authorized the Town Manager to award a construction contract in an amount not to exceed $2,981,000, including contingencies.
On March 15, the Town received bids ranging from $2,292,624 to $2,468,000 for the project.
The lowest responsible bid of $2,292,624.00 was received from Pavement Coatings, and a construction contract was awarded for the amount. On March 16, Council authorized the project contingency to be increased from ten percent to 30 percent of the contract award amount to allow for additional street repair and resurfacing work to be completed utilizing the low unit bid prices received from Pavement Coatings.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
DATE: February 6, 2023
DISCUSSION:
The construction project started in July 2022. Pavement Coatings has since satisfactorily completed all contracted work items, including work on additional streets, for a final contract amount of $2,273,850.40. Staff recommends acceptance of the project.
Five percent of the faithful performance bonds will remain in effect for a period of two years as a guarantee for any needed repair or replacement caused by defective materials and/or workmanship for the project. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the FY 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), completed by Pavement Coatings, and authorize the Town Clerk to file for recordation.
COORDINATION:
This project has been coordinated with the Finance Department and Town Attorney.
FISCAL IMPACT:
The fiscal table below reflects a multi-year project that crosses FY 2020/21 and FY 2021/22.
The table reflects the updated project budget and costs accrued to date. There may be additional miscellaneous charges for the final closeout of the project. The project balance carries forward to the next annual Street Project.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
DATE: February 6, 2023
FISCAL IMPACT (continued):
Parks and Public Works staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of the project, recovery of costs for grant funded projects, and identification of future staffing needs. This project utilized both full-time and part-time temporary staff.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under the California Environmental Quality Act and is Categorically Exempt (Section 15301c). A Notice of Exemption was previously filed.
Attachment:
1. Certificate of Acceptance and Notice of Completion
Budget Costs
GFAR FY 2021/22 $ 2,471,318
Gas Tax $ 1,676,361
Gas Tax Increase $ 45,844
Reimbursement from San Jose Water Company for Utility Adjustments $ 83,076 Reimbursement from West Valley Sanitation District for Utility Adjustments $ 55,545 Total Budget $ 4,332,144
Construction $ 2,273,850
Consultation Services $ 25,706
Cost Share - City of Campbell $ 201,851
Other Project Delivery Costs $ 64,943
Total Expenditures $ 2,566,350
Remaining Budget Carries Forward to Next Annual Street Project $ 1,765,794 Staff Costs
Operating Budget $ 13,500
Total $ 13,500
FY 2021/22 Street Repair and Resurfacing
CIP Project 811-9901
ATTACHMENT 1
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 21-811-9901 Street Repair and Resurfacing 2021/22 TO WHOM IT MAY CONCERN:
I do hereby certify that Pavement Coatings Co. completed the work called for in the agreement with the Town of Los Gatos dated March 30th, 2022. The work is outlined in the Town’s bid process prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of the PPW Job No. 21-811- 9901 located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted December 5, 2022.
Bond No.: 024251933
Date: April 8, 2022
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgment Required
PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: 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:2/21/2023
ITEM NO: 12
ITEM NO: 4
DATE: February 15, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve the Changes to the Town’s Investment Policy as Recommended by the Finance Commission
RECOMMENDATION:
Approve the changes to the Town’s Investment Policy as recommended by the Finance Commission.
DISCUSSION:
The Town’s Investment Policy for its operating portfolio was previously reviewed by the Finance Committee in January 2023 and adopted by Council in January of 2023, changing the frequency of the reporting from quarterly to monthly to comply with California Government Code Section 41004.
The Investment Policy establishes the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, State mandated eligible investments, transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the operating funds of the Town. All Town funds are invested and/or will be invested in accordance with the Investment Policy and with applicable sections of the California Government Code.
At its February 13, 2023 meeting, the Finance Commission requested additional changes to include references to Government Code Sections 53607 and 53646(b)as redlined in Attachment
1.
PAGE 2 OF 2
SUBJECT: Operating Portfolio Investment Policy Review and Recommendation to Town Council
DATE: February 15, 2023
FISCAL IMPACT:
There is no fiscal impact associated with modifying the Investment Policy.
Attachment:
1. Town Council Policy 4-02: Investment Policy - Redlined
COUNCIL POLICY MANUAL
TITLE: Investment Policy POLICY NUMBER: 4-02
EFFECTIVE DATE: 11/1/16 PAGES: 8
ENABLING ACTIONS: 2016-063 REVISED DATES: 5/16/17;5/15/2018; 9/3/2019; 11/03/2020, 1/17/2023,
2/21/2023
APPROVED:
PURPOSE
The Town of Los Gatos (the “Town”), incorporated in 1887, is located approximately 60 miles south of San Francisco, in the southwestern portion of Santa Clara County. The Town operates under the Council/Manager form of government. The Town Council is the legislative body for the Town. It has five members elected to serve staggered four year terms. The Town Manager is appointed by the Town Council.
The Town Council has adopted this Investment Policy in order to establish the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, eligible investments and transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the funds of the Town. All Town funds will be invested in accordance with this Investment Policy and with applicable sections of the California Government Code 53607 and 53646(b).
This Investment Policy was originally adopted by the Town Council of the Town of Los Gatos November 1, 2016. Town Council adopted revisions replace any previous investment policy or investment procedures of the Town.
SCOPE
This Investment Policy applies to all of the Town's short-term operating funds. These funds are described in the Town's annual financial report and include, but are not limited to:
General Fund
Special Revenue Funds
Capital Project Funds
Debt Service Funds
Enterprise Fund
Internal Service Funds
Fiduciary Funds ATTACHMENT 1
Small Town Service Community Stewardship Future Focus
TITLE: Investment Policy PAGE:
2 of 10
POLICY NUMBER:
4-02
Specifically excluded from this Investment Policy are amounts which are held by a trustee or fiscal agent and pledged as payment or security for bonds or other indebtedness, obligations under a lease, or obligations under certificates of participation. Such funds are invested in accordance with statutory provisions, ordinance, resolution, or indenture governing the issuance of the obligations. In addition, this Investment Policy is not applicable to the Town's Deferred Compensation Plan. These investments are directed by each employee participant in accordance with the rules of the Deferred Compensation Plan.
POLICY
OBJECTIVES
The Town’s funds shall be invested in accordance with all applicable Town policies and codes, State statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:
1. Preservation of capital and protection of investment principal.
2. Maintenance of sufficient liquidity to meet anticipated cash flows.
3. Attainment of a market value rate of return.
4. Diversification to avoid incurring unreasonable market risks.
DELEGATION OF AUTHORITY
Management responsibility for the Town’s investment program is delegated annually by the Town Manager to the Town Treasurer/Finance Director (the “Treasurer”) pursuant to California Government Code Section 36510. The Treasurer may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. The Treasurer shall maintain a list of persons authorized to transact securities business for the Town. No person may engage in an investment transaction except as expressly provided under the terms of this Investment Policy.
The Treasurer shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the Town's investment program. Such procedures shall be designed to prevent losses arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees.
The Town may engage the support services of outside investment advisors in regard to its investment program, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the Town's financial resources.
PRUDENCE
The standard of prudence to be used for managing the Town's investments shall be California Government Code Section 53600.3, the prudent investor standard which states, “When
TITLE: Investment Policy PAGE:
3 of 10
POLICY NUMBER:
4-02
investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” The Town's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The Town recognizes that no investment is totally without risk and that the investment activities of the Town are a matter of public record.
Accordingly, the Town recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio's return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the Town.
The Treasurer and authorized investment personnel acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that the deviations from expectations are reported in a timely fashion to the Town Council and appropriate action is taken to control adverse developments.
ETHICS AND CONFLICTS OF INTEREST
Elected officials and Town employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions. Elected officials and Town employees shall disclose to the Town Council any business interests they have in financial institutions that conduct business with the Town and they shall subordinate their personal investment transactions to those of the Town. In addition, the Town Manager and the Treasurer shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.
SOCIALLY RESPONSIBLE INVESTING
In addition to and subordinate to the objectives set forth above, investment of funds should be guided by the following socially responsible investment goals when investing in corporate securities and depository institutions. Investments shall be made in compliance with the responsible investment goals to the extent that such investments achieve substantially equivalent safety, liquidity and yield compared to other investments permitted by state law.