Agenda packet — Los Gatos City Council, April 18, 2023 (part 1 of 2)

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

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

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

AMENDED

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
APRIL 18, 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]

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AMENDED

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
APRIL 18, 2023
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS
7:00 PM

IMPORTANT NOTICES
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.
*This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Council Member Rob Moore will be participating from a teleconference location at the Four Points Sheraton, Sacramento Airport, 4900 Duckworth Drive, Sacramento CA, 95834, Natomas 2 Conference Room. Council Member Matthew Hudes will be participating from a teleconference location at 1-3 Sakuramachi, Chuo Ward, Kumamoto, 860-0805, Japan. The teleconference locations shall be accessible to the public and the agenda will be posted at the teleconference locations 72 hours before the meeting.

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/88274632289?pwd=OUNjVzl2RWVBQ05HdUVhRU14MEVDUT09 Passcode: 665212 You can also type in 882 7463 2289 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.

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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.

MEETING CALL TO ORDER

ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council member to participate remotely under AB 2449 (Government Code 54953)).

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 Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, 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.

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

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Consent Items. If you wish to comment, please follow the Participation Instructions contained on

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the item will be heard.)

1. Approve the Draft Minutes of the April 3, 2023 Closed Session Town Council Meeting.

2. Approve the Draft Minutes of the April 4, 2023 Town Council Meeting.

3. Approve Draft Minutes of the April 11, 2023 Closed Session Town Council Meeting.

4. Adopt a Resolution Describing Improvements and Directing the Preparation of the Town Engineer’s Report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2.

5. Adopt an Ordinance of the Town Council of the Town of Los Gatos, Amending Planned Development Ordinance 2172 Relative to the Maximum Residence Size Allowed on Lot 14 and the Maximum Average Residence Size Allowed in the Shannon Valley Ranch Subdivision and Repealing Ordinance 2172 for the Shannon Valley Ranch Subdivision at Shannon and Hicks Roads (Shannon Oaks and Mountain Laurel Lanes) on Property Zoned HR-5:PD. APN: 567-24-023. This Request for Modification of a Planned Development Ordinance is not Considered a Project Under the California Environmental Quality Act. Planned Development Ordinance Application PD-22-001. Location: 300 Mountain Laurel Lane. PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan. APPLICANT: Kunling Wu, Trustee.

6. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816-0420), Completed by Casey Construction, and Authorize the Town Clerk to File for Recordation.

7. Receive the Monthly Financial and Investment Report (February 2023).

8. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $750,000 from Available American Rescue Plan Act Proceeds to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130).

9. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $28,000 to Recognize Receipt and Expenditure of Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Funds.

10. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Stephenie Lane No. 4, Approximately 0.53 Acres on Property Pre-Zoned R-1:8. APN 523-25-034. Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption. Annexation Application AN22-003.

Project Location: 15974 Stephenie Lane. Property Owner/Applicant: Ron and Daphne Watson.

11. Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and Execute a Construction Agreement with Pavement Coating Company in an Amount Not to Exceed $3,341,090; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Fifteen Percent of the Contract Award Amount.

12. Americans with Disabilities Act (ADA) Restroom at the Adult Recreation Center (CIP No. 821-2601):
a. Reject All Bids Received and Opened on March 24, 2023 for the Project; and b. Authorize the Town Manager to Re-Bid the Project with a Revision to a Contractor License Requirement.

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13. Approve an Amendment to the Town Employee Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Librarian II and to Amend the Classification Title of Librarian to Librarian I.

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.)

14. Consider the Following Actions for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Contingent on Receiving Caltrans Authorization;
c. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services During Bid, Award, and Construction in an Amount of $25,238, Resulting in a Total Agreement Amount Not to Exceed $196,709; d. Authorize an Expenditure Budget Transfer in an Amount of $133,380 from available Traffic Mitigation Funds;
e. Authorize an Expenditure Budget Transfer in an Amount of $200,000 from Available Funds in Fund 461 CIP #816-0420;
f. Authorize an Expenditure Budget Transfer in an Amount of $60,000 from Available Funds in CIP #813-0221;
g. Authorize an Expenditure Budget Transfer in an Amount of $231,524 from Available Funds in CIP #813-0231; and
h. Authorize an Expenditure Budget Transfer in an Amount of $219,772 from Available Funds in CIP #811-9902.

15. Provide Direction for the Potential Disposition and Use of Calfhill Court (APN 529-21- 034).

16. Provide Direction for the Potential Disposition and Use of 224 W. Main Street (APN 510- 44-069).

17. Rescission of Planning Commissioner Censure.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
*The agenda was amended to add the teleconference location for Council Member Hudes.

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.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting - Closed Session Monday, April 3, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Monday, April 3, 2023, to hold a Closed Session at 5:30 p.m.

MEETING CALLED TO ORDER AT 5:31 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

VERBAL COMMUNICATIONS
Karen Delaney
- Asked how the Council can defend a decision that punishes free speech; and requested the Town Council hold a public meeting to discuss the ALCU letter and increase transparency.

THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Gov. Code Section 54957.6 Agency designated representative: Laurel Prevetti, Town Manager Unrepresented employees: Management employees – Positions listed at ManagementClassifications(https://www.losgatosca.gov/DocumentCenter/View/33245/Ma nagement-Classifications)

2. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) One case (Facts and Circumstances: Letter from ACLU Regarding Planning Commissioner Censure)
The Town Council reconvened in open session. The Town Attorney stated there were no reportable actions.

ADJOURNMENT
Closed Session adjourned at 7:40 p.m.

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

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
Tuesday, April 4, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, April 4, 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 (participated remotely under AB 2449 “Just Cause”), Council Member Rob Moore, Council Member Rob Rennie.

Absent: None

APPROVE REMOTE PARTICIPATION
Council Member Hudes stated he will be participating remotely under AB2449 due to a contagious illness, and no one over 18 years old is in the room with him.

PLEDGE OF ALLEGIANCE
Louise Van Meter Student Council led the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS
Mayor Ristow presented a proclamation for National Poetry Month to Poet Laureate Jen Siraganian. The Poet Laureate read a poem. The Mayor and Poet Laureate recognized the Youth and Teen Annual Poetry Contest winners.

CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met in Closed Session on April 3, 2023 to discuss the items duly noted on the closed session agenda and there was no reportable action.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with members of the Community Health and Senior Services Commission (CHSSC), members of the former Senior Service Committee (SSC), attended a Democracy Tent interview, and met with residents concerning senior services. - Council Member Moore stated the Santa Clara County Board of Supervisors expanded the Countywide Trusted Response Urgent Support Team (TRUST) Program; attended the Daves Avenue Culture Fair; participated in judging the Morning Rotary Speech Contest, the League of California Cities meeting titled “Beyond the Housing Element Resources, Ideals

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PAGE 2 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023
Council Matters – continued
and Lessons for What’s Next;” attended the NUMU Art Now exhibit highlighting student art; attended the West Valley Community Services Chefs of Compassion dinner; became a Ham Radio Operator; met with staff representing State and Congressional Offices regarding legislative priorities; and announced his monthly Council Member community coffee at Los Gatos Roasting Coffee.
- Vice Mayor Badame stated she attended the West Valley Mayors and Managers meeting, the CHSSC meeting as the Council Liaison, and the Rotary Speech Contest as a judge; and met with Senator Josh Becker.
- Council Member Rennie stated he had no items in addition to the events and meetings already stated.
- Mayor Ristow stated in addition the meetings and events already stated, she attended the Kiwanis Volunteer Fair; met with women who are current and former elected officials of Santa Clara County, representatives from Silicon Valley Bicycle Coalition, and Senator Josh Becker.

Manager Matters
- Announced April is Keep Los Gatos Beautiful Month and series of activities will be offered throughout the month.
- Announced Spring into Green will be held on April 23, 2023, at Town Plaza Park at 10 a.m. to 1:00 p.m. and invited all to attend.

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

1. Approve Closed Session Meeting Minutes of March 16, 2023.

2. Approve Council Meeting Minutes of March 21, 2023.

3. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Execute a Construction Agreement with Spencon Construction in an Amount Not to Exceed $427,520; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount.

4. Adopt Ordinance 2339 Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code Regarding Bingo Award Amount Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”. ORDINANCE 2339
Opened public comment.

No one spoke.

Closed public comment.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023
Consent Items – continued
MOTION: Motion by Vice Mayor Badame to approve consent items 1-4. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by a roll call vote.

VERBAL COMMUNICATIONS
Blake Thornberry
- Commented on Blossom Hill Road safety concerns including a recent collision, requested repainting Blossom Hill Road, installing more infrastructure, and asked the Council to help collaborate with San Jose to create a safer stretch of road.

Jessica Thornberry
- Commented on Blossom Hill Road safety concerns including a recent collision and would like to work together to create a safer environment for all.

Joshua Fang and Shunxiang Fang
- Commented on Blossom Hill Road safety concerns including a recent collision involving his wife and requested Council make the road safer.

Selina Lu
- Commented on Blossom Hill Road safety concerns and requested the Council provide assistance to the affected family.

Gavin Lu
- Requested action be taken to deter speeders such as automatic speeding cameras, posting speed signs, and form a joint committee with San Jose to help make Blossom Hill Road safer.

Eva Fleisher
- Commented on traffic safety concerns including a recent collision and suggested several traffic safety improvement measures.

Lynley Hogan
- Commented on the Communist Party USA.

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PAGE 4 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023

PUBLIC HEARINGS

5. Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way.

Gabrielle Whelan, Town Attorney, presented the item.

Opened Public Comment.

Kameron Emami, Youth Commissioner
- Commented in support of the Ordinance.

Taj Chunawala, Youth Commissioner
- Commented in support of the Ordinance.

Closed Public Comment.

Council discussed the matter.

MOTION: Motion by Vice Mayor Badame to introduce an ordinance repealing and replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” per Attachment 1 of the staff report with an amendment to strike the work “parks” from Section 5.10.070. Seconded by Council Member Moore.

VOTE: Motion passed unanimously by a roll call vote.

Wendy Wood, Town Clerk read the title of the Ordinance, “An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Chapter 5, ‘Bicycles,’ of the Town Code with a New Chapter 5, ‘Bicycles and Regulated Mobility Devices’ and Amending Section 23.30.010, ‘Exceptions From Article,’ of Title 23, ‘Streets and Sidewalks,’ to Address Bicycle Racks in the Public Right of Way.”

OTHER BUSINESS

6. Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos.

Laurel Prevetti, Town Manager, presented the item.

Members of the faith-based community (Sue Ahmadian, Jo Greiner, Marna Taylor, and Ed Lozowicki) presented their programs which support the unhoused residents of Los Gatos.

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SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023
Other Business Item #6 – continued
Opened Public Comment.

Jeffrey Suzuki
- Requested the Council invest additional resources to support unhoused residents as soon as possible.

Allan Bayless
- Requested the Council consider different housing approaches and commented on safety concerns.

Kylie Clark, West Valley Community Services
- Commented on the unhoused and requested the Council invest additional resources to support the unhoused community.

Chris Wiley
- Commented on a possible source of funds, past Town actions, and identification of existing funds to support the unhoused.

Ali Miano, Los Gatos Anti-Racism Coalition
- Commented on possible shelter locations and requested the Town collaborate further with other agencies and governments to find long term solutions to support the unhoused.

Ray Bramson, Destination Home
- Commented in support of Council Member Moore’s proposal to support the unhoused.

Kinsey Lee, Los Gatos Anti-Racism Coalition
- Commented in support of Council Member Moore’s proposal to support the unhoused.

Closed Public Comment.

Council discussed the matter.

MOTION: Motion by Council Member Rennie to increase the allocation to a total of $50,000; direct staff to figure out a “hotel” voucher program and return to Council with the parameters and structure of the program before money is spent; move forward with the $30,000 for the restrooms and shower program; direct staff to continue research on what is working well in other places; and look at how to do better work with potential partners like the County, other West Valley cities, non-profits, and other service providers. Seconded by Mayor Ristow.

VOTE: Motion passed 4-1 by a roll call vote. Vice Mayor Badame voted no.

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PAGE 6 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023
Recess 9:47 p.m.

Reconvene 10:02 p.m.

PUBLIC HEARINGS

7. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer.

Jennifer Armer, Planning Manager, presented the item.

Jesse Bristow, Applicant, provided a brief presentation and gave opening comments.

Opened Public Comment.

Eric Hulser
- Commented on concerns with visualizing the height and size of the project and requested additional flagging.

Bryan Mekechuk
- Commented on concerns with the renderings, scale of the project, and outreach; and suggested the use of a drone to view each direction from the project.

Closed Public Comment.

The Applicant provided closing comments.

Council discussed the matter.

MOTION: Motion by Council Member Moore to grant a further exemption to the story pole policy to allow an alternative standard story pole installation to illustrate and provide notice on the proposed project on property zoned 0 that provides 6- by 8- foot signage with bright colors that links to a video rendering and also informs residents that the current story poles may not be representative of the final project, with posted signage every 50 feet. AMENDMENT: the signage is not larger than 32 square feet each, and no more than one sign per parcel consistent with the Town Code for construction signage. Seconded by Council Member Rennie.

VOTE: Motion passed 3-2 by a roll call vote. Council Member Hudes and Vice Mayor Badame voting no.

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PAGE 7 OF 7
SUBJECT: Draft Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023

OTHER BUSINESS

8. Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023.

Jocelyn Shoopman, Associate Planner, presented the item.

Opened Public Comment.

Jeff Suzuki, Los Gatos Anti-Racism Coalition
- Commented on concerns of removing certain sites from the housing site inventory.

Ali Miano, Los Gatos Anti-Racism Coalition
- Commented on concerns of removing sites from the housing site inventory.

Kinsey Lee, Los Gatos Anti-Racism Coalition
- Commented in opposition of removing affordable housing sites from the proposed housing element.

Nika Sabouri
- Commented on homelessness and poverty, and the need for affordable housing.

Closed Public Comment.

Council discussed the matter and no action was taken.

ADJOURNMENT
The meeting adjourned at 11:24 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting - Closed Session April 11, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, April 11, 2023, to hold a Closed Session at 4:00 p.m.

MEETING CALLED TO ORDER AT 4:01 P.M.

ROLL CALL

Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie (participated remotely under the Brown Act).

Absent: None

VERBAL COMMUNICATIONS
None.

THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:

1. Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government Code Section 54956.9)
Name of case: Steer v. Los Gatos et al, Case No. 22CV394907 The Town Council reconvened in open session and Gabrielle Whelan, Town Attorney, stated the Town Council discussed item one and there was no reportable action.

ADJOURNMENT
Closed Session adjourned at 4:44 p.m.

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

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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: 04/18/2023
ITEM NO: 4
DATE: April 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Describing Improvements and Directing the Preparation of the Town Engineer’s Report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2
RECOMMENDATION:

Adopt a resolution (Attachment 1) describing improvements and directing the preparation of the Town Engineer’s report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2.

BACKGROUND:

The California Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500- 22679) allows local government agencies to form assessment districts for the purpose of financing the costs and expenses for landscaping and lighting public areas.

In the early 1990’s the Town established two Landscape and Lighting Districts comprised of six zones, five of which are in District No. 1, and one in District No. 2. Diagrams of the six zones are included in this report (Attachments 2.1-2.6). Property owners in each District pay an annual assessment on their property tax bill for the maintenance of common area landscaping or lighting.

The majority of the landscape and lighting services within the Districts are provided by a contractor retained and managed directly by the Town on behalf of the property owners, with some maintenance services also provided by Town staff.

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PAGE 2 OF 3
SUBJECT: Adopt a Resolution Describing Improvements and Directing Preparation of the Town Engineer’s Report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2
DATE: April 3, 2022
BACKGROUND (continued):

Each year, the Town Council levies the assessments and reconfirms the Districts by a series of Resolutions and a Public Hearing. The process, which is set by the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500-22679), includes the following steps and their respective dates:

1. Council considers the adoption of a Resolution entitled Describing Improvements and Directing the Preparation of the Engineer’s Report for FY 2023/24 – April 18, 2023.

2. Council considers the adoption of Resolutions Approving the 2023/24 Engineer’s Report, Stating the Intention to Levy and Collect Assessments, and Setting a Public Hearing to Consider the Proposed Assessments – May 2, 2023.

3. Council conducts the public hearing and then considers the adoption of a Resolution Confirming the Assessment Diagrams and Levying and Authorizing the Collection of Assessments for FY 2023/24 – June 20, 2023.

Provisions of SB 919 (the Proposition 218 Omnibus Implementation Act) adopted by the California State Legislature in 1997 (Chapter 38, Stats. 1997) are implemented during the renewal process. Proposition 218 becomes applicable only when increases in the current assessment rates are contemplated, due primarily to rising maintenance costs and increases in the costs of water and power. If that were to take place, the above noted process would be modified by introducing a mail-in balloting procedure for each zone that begins after the items in Step 2 are approved by Council and concludes at the close of the public hearing.

At the conclusion of Step 3, the staff transmits the assessment amounts to the County Assessor which appears as a separate item on the property tax bill for each parcel.

Upon fulfillment of these requirements, the Town must submit the Resolution confirming the assessments to the County of Santa Clara for inclusion on the Fiscal Year 2023/24 property tax roll.

DISCUSSION:

The first step in the statutorily prescribed process contained in the California Streets and Highways Code requires that the Town adopt a Resolution describing any proposed new improvements or any substantial changes in the existing improvements and ordering the preparation and filing of an Engineer’s Report. The subject Assessment Districts are largely responsible for covering expenses related to public landscaping within the defined boundaries of the separate Assessment Districts.

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PAGE 3 OF 3
SUBJECT: Adopt a Resolution Describing Improvements and Directing Preparation of the Town Engineer’s Report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2
DATE: April 3, 2022
DISCUSSION (continued):

No new improvements or substantial changes in existing are proposed for any Assessment District for Fiscal Year 2023/24.

Streets & Highways Code Section 22622 states, “The legislative body shall adopt a resolution which shall generally describe any proposed new improvements or any substantial changes in existing improvements and order the engineer to prepare and to file a report in accordance with Article 4 (commencing with Section 22565).” The attached Resolution describes the improvements (services) to be provided to the districts and directs the preparation of the Engineer’s Report.

CONCLUSION:

Staff recommends that Town Council adopt a Resolution describing improvements and directing the preparation of the Town Engineer’s report for Fiscal Year 2023/24 for Landscape and Lighting Assessment Districts No. 1 and 2 in compliance with California Streets and Highway Code, Section 22622.

FISCAL IMPACT:

The Town’s Landscape and Lighting Assessment Districts do not impact the Town’s General Fund. The impact of any proposed changes to District budgets on the assessments of individual property owners will be provided in the Engineer’s Report.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under the California Environmental Quality Act, and no further action is required.

Attachments:

1. Resolution Describing Improvements and Directing Preparation of Engineer’s Report for Fiscal Year 2023/24

2. Diagrams of Benefit Zones for Landscape and Lighting Districts No. 1 and 2 (labeled as Attachments 2.1 through 2.6)

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1 of 3
Resolution 2023 - DATE
ATTACHMENT 1
DRAFT RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2023/24 TOWN OF LOS GATOS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1 AND 2
WHEREAS, the Town Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the Town of Los Gatos Landscaping and Lighting Assessment Districts No. 1 and 2; and
WHEREAS, the public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in said Districts, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2023/24; and
WHEREAS, the improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in (Exhibit A) hereto attached and by reference incorporated herein; and
WHEREAS, the costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said Districts, the exterior boundaries of which Districts are the composite and consolidated area as more particularly shown on a map thereof on file in the Clerk Department of the Town of Los Gatos to which reference is hereby made for further particulars. Said map indicates, by a boundary line, the extent of the territory included in said Districts and of any zone thereof and shall govern for all details as to the extent of the assessment districts; and NOW, THEREFORE, BE IT RESOLVED: The Engineer of said Town is hereby directed to prepare and file with said Town Clerk a report, in writing, referring to the assessment districts by their distinctive designations, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following:

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2 of 3
Resolution 2023 - DATE
ATTACHMENT 1
a. Plans and specification of the existing improvements and for proposed new improvements, if any, to be made within the assessment districts or within any zones thereof;
b. An estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c. A diagram showing the exterior boundaries of the assessment districts and of any zones within said districts and the lines and dimensions of each lot or parcel of land within the districts as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and
d. A proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said districts in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto.

NOW, THEREFORE, BE IT FURTHER RESOLVED: The Office of the Engineer of said Town is hereby designated as the office to answer inquiries regarding any protest proceedings to be had herein and may be contacted during regular office hours at 41 Miles Avenue, Los Gatos, California 95030 or by calling (408) 399-5770.

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3 of 3
Resolution 2023 - DATE
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18
th day of April 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: __________________

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Resolution 2023- EXHIBIT A

EXHIBIT A

DESCRIPTION OF IMPROVEMENTS

TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

1. General Description of Improvements:

The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains or other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements.

2. Specific Descriptions of Improvements:

Blackwell Drive Benefit Zone - Maintenance of the landscaping in the median island on Blackwell Drive constructed as a part of the public improvements required of Tract No. 8306, and maintenance of the street lights installed along Blackwell Drive and National Avenue installed as a part of the public improvements required of Tract No. 8306.

Hillbrook Benefit Zone - The maintenance of trees, landscaping, irrigation systems, hardscape and fences as currently exist on APN 523-11-028, located at the southeast corner of Blossom Hill Road and Hillbrook Drive.

Kennedy Meadows Benefit Zone - The maintenance of trees, landscaping, irrigation systems, trail and street lights within the open space areas (Parcels A and B) and along Kennedy Court and Forrester Court, installed as a part of the public improvements required of Tract No. 8612, and the implementation of mitigation and enhancement measures within the riparian and wetlands areas of said Tract described in the report prepared by H.T. Harvey Associates, dated November 11, 1994.

Santa Rosa Heights Benefit Zone - The maintenance of trees, landscaping, trails and retaining walls constructed as a part of the public improvements required of Tract No. 8400.

Vasona Heights Benefit Zone - The maintenance of trees, landscaping, irrigation systems, trails, emergency access roads and retaining walls within the open space areas required as a part of the public improvements required of Tract No. 8280.

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Resolution 2023- EXHIBIT A

EXHIBIT A

DESCRIPTION OF IMPROVEMENTS

TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2

1. General Description of Improvements:

2. Specific Description of Improvements:

Gemini Court Benefit Zone - The maintenance of trees, landscaping, irrigation systems, lighting, sound walls, and fences installed as a part of the public improvements required of Tract No. 8439.

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3 1 2
4 5

BLACKWELL DR NATIONAL AV
Blackwell Drive Benefit Zone
Landscaping & Lighting Assessment District No. 1
Assessment Diagram
PART "D"
Not To Scale
Area Maintained by
Vasona Heights
Benefit Zone

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HILLBROOK DR

BLOSSOM HILL RD
Hillbrook Benefit Zone
Landscaping & Lighting Assessment District No. 1
Existing Improvements to be Maintained
PART "A"
Not To Scale

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FAIRMEAD LN

HILLBROOK DR

BLOSSOM HILL RD

EASTRIDGE DR
HILLBROOK DR 1
2 3
4 5
6 7
8 9
10 12 11
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32 33 34
Hillbrook Benefit Zone
Landscaping & Lighting Assessment District No. 1
Assessment Diagram
PART "D"
Not To Scale
Area Maintained by
Hillbrook Benefit
Zone

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1 2
3 4
6 7
8 9
10 15 14
13 12
11 5
B
A

KENNEDY CT

FORRESTER
CT

FORRESTER RD

LEOTAR CT

FORRESTER RD

KENNEDY RD

TERESITA

KENNEDY RD

S KENNEDY RD
Kennedy Meadows Benefit Zone
Landscaping & Lighting Assessment District No. 1
Assessment Diagram
PART "D"
Not To Scale
Area Maintained by
Kennedy Meadows
Benefit Zone

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1 2
3 4 5
6 7
8 9
10 11
12 13 14
15 Town Limits
SIERRA
AZULE
DR
DR
ROSA
SANTA

KENNEDY RD
ARROYO

DEL RANCHO

SHANNON RD

SHANNON RD
Santa Rosa Heights Benefit Zone
Landscaping & Lighting Assessment District No. 1
Assessment Diagram
PART "D"
Not To Scale
Area Maintained by
Santa Rosa Heights
Benefit Zone
ATTACHMENT 2.4

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A
1 2
9 10
11 12 13
14 15
16 8 17
18 19
7 3
27 23
24 25
26 22
21 B
C
28 29
30 31
4 5
6 20
3233

BLOSSOM HILL RD

ROBERTS RD

OHLONE CT
HWY 17
Vasona Heights Benefit Zone
Landscaping & Lighting Assessment District No. 1
Assessment Diagram
PART "D"
Not To Scale
Area Maintained by
Vasona Heights
Benefit Zone

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6 7 8
10 11
12 13
16 1920 18 17
1 2
3 4
5 BLOSSOM HILL RD

GEMINI CT BEGONIA DR HARWOOD RD
9 14
15 Gemini Court Benefit Zone
Landscaping & Lighting Assessment District No. 2
Assessment Diagram
PART "D"
Not To Scale
ATTACHMENT 2.6

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PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 5
DATE: April 13, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance of the Town Council of the Town of Los Gatos, Amending Planned Development Ordinance 2172 Relative to the Maximum Residence Size Allowed on Lot 14 and the Maximum Average Residence Size Allowed in the Shannon Valley Ranch Subdivision and Repealing Ordinance 2172 for the Shannon Valley Ranch Subdivision at Shannon and Hicks Roads (Shannon Oaks and Mountain Laurel Lanes) on Property Zoned HR-5:PD. APN: 567-24- 023. This Request for Modification of a Planned Development Ordinance is not Considered a Project Under the California Environmental Quality Act.

Planned Development Ordinance Application PD-22-001. Location: 300 Mountain Laurel Lane. PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan. APPLICANT: Kunling Wu, Trustee.

RECOMMENDATION:

Adopt an Ordinance of the Town Council of the Town of Los Gatos, amending Planned Development Ordinance 2172 relative to the maximum residence size allowed on Lot 14 and the maximum average residence size allowed in the Shannon Valley Ranch subdivision and repealing Ordinance 2172 for the Shannon Valley Ranch subdivision at Shannon and Hicks Roads (Shannon Oaks and Mountain Laurel Lanes).

DISCUSSION:

On March 7, 2023, the Town Council considered and voted to introduce an Ordinance amending Planned Development Ordinance 2172 relative to the maximum residence size allowed on Lot 14 and the maximum average residence size allowed in the Shannon Valley Ranch subdivision and repealing Ordinance 2172 for the Shannon Valley Ranch subdivision at Shannon and Hicks Roads (Shannon Oaks and Mountain Laurel Lanes). Adoption of the attached Ordinance (Attachment 1) would finalize that decision.

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PAGE 2 OF 2
SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: April 13, 2023
Attachment:

1. Draft Ordinance

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ORDINANCE 23__

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PLANNED DEVELOPMENT ORDINANCE 2172 RELATIVE TO THE MAXIMUM RESIDENCE SIZE ALLOWED ON LOT 14 AND THE MAXIMUM

AVERAGE RESIDENCE SIZE ALLOWED IN THE SHANNON VALLEY RANCH SUBDIVISION AND REPEALING ORDINANCE 2172 FOR THE SHANNON VALLEY

RANCH SUBDIVISION AT SHANNON AND HICKS ROADS
(SHANNON OAKS AND MOUNTAIN LAUREL LANES)

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:

SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at Shannon and Hicks Roads (Santa Clara County Assessor Parcel Numbers 567-24-010 through 025) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-5:PD (Hillside Residential, 5 Acres per Dwelling Unit, Planned Development) to HR-5:PD (Hillside Residential, 5 Acres per Dwelling Unit, Planned Development).

SECTION II
The PD (Planned Development Overlay) zone established by Ordinance 2172 is hereby amended to authorize the following construction and use of improvements:

1. Demolition of two existing pre-1941 and two post-1941 single family residences and one pre-1941 barn.

2. Construction of 13 new single-family dwelling units and reconstruction of one single-family dwelling that was destroyed by fire.

3. Landscaping, streets, trails, and other improvements shown and required on the Official Development Plan.

4. Dedication of 45.4 acres of hillside and riparian open space as shown on the Official Development Plans.

5. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans.

6. Revised grading shown on the plan attached as Exhibit D.

7. Accessory structures in compliance with the Hillside Development Standards & Guidelines.

ATTACHMENT 1

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8. Ordinance 2172 is hereby repealed.

9. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections

29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit.

SECTION III

COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise.

SECTION IV
Architecture and Site Approval and Subdivision Approval is required before construction work for the dwelling units is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code.

SECTION V
The attached Exhibit A (Map), Exhibit B (Official Development Plans), and Exhibit D (Modified Grading Plan), are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits:

TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:

Planning Division

1. EXPIRATION/USE OF APPROVAL. The approval for the requested grading modifications shall expire two years from the date of approval unless the application has been vested pursuant to Town Code Section 29.20.320.

2. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site application and approval is required for the residential units proposed.

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3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final footprints and building designs shall be determined during the architecture and site approval process.

4. HOUSE SITING. The siting of the homes shall be determined during the Architecture & Site approval process.

5. RECYCLING. All wood, metal, glass and aluminum materials generated from the demolished structures shall be deposited to a company which will recycle the materials.

Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town’s demolition inspection and the issuance of any building permits.

6. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the removal of any ordinance sized tree prior to the issuance of a Building, Grading or Encroachment Permit.

7. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site review(s), including privacy and yard fencing. Developer will include in the CC&R’s for the project a restriction limiting the home owners from replacing the fence type as installed by the Developer and as shown on the Official Development Plans, or as otherwise approved during the Architecture & Site review(s). Any replacement or addition of other fence types shall be restricted to open fence types including wood with wire mesh and wood or concrete split-rail fencing. Solid fencing will be permitted only where installed by the Developer and as shown on the approved development plans. CC&R’s shall require fences to be set back a minimum of 10 feet for from property lines.

8. BUILDING SQUARE FOOTAGE. All project homes will be limited to a maximum size of 4,850 square feet with a maximum average of 4,655 square feet, and at least 2/3 of the homes shall be limited to a one-story design. Final building design and size will be determined during Architecture and Site review. No further expansion of the homes will be allowed unless this Ordinance is amended by the Town Council. Lot 14 shall be limited to a onestory design.

9. ACCESSORY STRUCTURES. Accessory structures are allowed provided they are in compliance with the Hillside Development Standards & Guidelines, and shall be reviewed and processed in accordance with those standards and guidelines.

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10. SETBACKS. The minimum setbacks are those specified by the HR-5 zoning district.

11. HEIGHT. The maximum height for single-story homes shall be 25 feet and the maximum height for two-story homes shall be 30 feet. The maximum height for accessory structures shall be 15 feet.

12. EXTERIOR LIGHTING. All exterior lighting shall be reviewed and approved as part of the Architecture & Site review(s). Lighting shall be down directed, and no street lighting shall be included in the development. If it is determined that lighting is needed for safety reasons at the intersection of Hicks Road and the new road into the development, a street light may be required, but only if there is not alternative safety devices that can adequately delineate the intersection. If it is determined that a new light must be installed, it shall be designed to only illuminate the minimum area necessary for safety.

13. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3a. During the design phase, the property owner/developer shall implement the following measures:
a. Any plan affecting trees shall be reviewed by the Consulting Arborist to ensure that improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans, and demolition plans will not adversely affect the tree to be retained. b. The horizontal and vertical elevations of trees to be preserved within development areas shall be established and included on all plans.
c. The Consulting Arborist shall identify a Tree Protection Zone for trees to be preserved in which no soil disturbance is permitted. For design purposes, the Tree Protection Zone shall be defined by the dripline. Where development must encroach within the dripline, the Consulting Arborist shall identify an appropriate Tree Protection Zone. d. No underground services including utilities, sub-drains, water or sewer shall be placed in the Tree Protection Zone.
e. Tree Preservation Notes shall be included on all plans. f. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use.
g. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone.

14. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3b. During the prePage 35

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construction phase, the property owner/developer shall take the following measures:
a. A fence shall be constructed around all trees to be retained and it shall completely enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fencing shall be 6- foot chain link or equivalent. Fencing shall be placed at the dripline or as otherwise directed by the Consulting Arborist. Fences are to remain until all grading and construction is completed.
b. All trees to be retained shall be pruned within and adjacent to development areas shall be reviewed by a certified arborist to determine which trees should be pruned to clean the crown, reduce end weight and/or provide clearance. Tree #201 will require pruning to reduce weight throughout the crown. Clearance shall be provided by selectively thinning low-hanging lateral branches.
c. All pruning shall be performed by a Certified Arborist or Tree Worker in accordance with the Tree Pruning Guidelines of the International Society of Arboriculture. d. Prior to the start of any demolition and clearing, the Consulting Arborist will meet with the demolition, grading and other relevant contractors to review limits of construction activity, identify areas requiring fencing, identify trees to be removed and review work procedures.

15. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3C. Prior to the construction phase of the project, the applicant shall take the following measures:
a. Any grading, construction demolition, or other work within the Tree Protection Zone shall be monitored by the Consulting Arborist.
b. Any root pruning required for construction purposes shall receive the prior approval of, and be supervised by, the Consulting Arborist.
c. If any injury to a tree should occur during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be made. d. Root-injured trees have a limited capacity to absorb water. Therefore, it is important to ensure adequate soil moisture in the area of active roots. One to several irrigations may be needed for trees that are at risk of impacts. Irrigations shall be specified by the Consulting Arborist.
e. No excess soil, chemical, debris, equipment or other materials shall be dumped or stored

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within the Tree Protection Zone.
f. Any additional pruning required to provide clearance during construction shall be performed by a Certified Arborist and not construction personnel.

16. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3d. Following construction, a comprehensive management plan for the trees shall be developed that considers the broad objectives of development as well as the needs of the specific species. This management plan shall specify pruning, fertilization, mulch, pest management, replanting and irrigation requirements. In addition, provisions for monitoring both tree health and structural stability following construction must be made a priority. As trees age, the likelihood of failure of branches or entire trees increases. Therefore, the management plan must include an annual inspection for hazard potential.

17. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-4. To minimize impacts on nesting raptors, the applicant shall complete necessary pre-construction surveys and monitoring. If it is not possible to schedule construction between August and February, then pre-construction surveys for nesting raptors will be conducted by a qualified ornithologist in order to ensure that no raptor nests will be disturbed during project construction. This survey will be conducted no more than 15 days prior to the initiation of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). During this survey, the biologist will inspect all trees in and immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found close enough to the construction area to be disturbed by these activities, the ornithologist, in consultation with CDFG, will determine the extent of a construction-free buffer zone to be established around the nest.

18. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-5a. To minimize impacts on yellow warblers, the property owner/developer shall retain sycamore riparian habitat along Shannon Creek and shall maintain setbacks of at least 50 feet between proposed development and sycamore riparian habitat. If a small amount of development encroaches into this 50- foot setback, then this encroachment (indirect impact) shall be mitigated by planting riparian habitat at a 1:1 ratio.

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19. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-5b. The property owner/developer shall implement the following measures to minimize potential impacts on any roosting bats:
a. Surveys shall be conducted up to one year in advance of building demolition and tree removal, if possible, to determine if active roosts are present. These surveys shall not substitute for pre-construction/pre-disturbance surveys for nesting raptors, as bats could move on or adjacent to the site between survey periods. If roosting bats are found during these surveys, either avoidance of the maternity roost season, establishment of buffer zones or exclusion of bats shall be implemented as appropriate. b. Avoidance: Construction activities involving potential roost sites shall be conducted outside the maternity roost season if the project commences after young are volant by July 31 and finished before the formation of maternity roosts begins (as early as March 1).
c. Pre-demolition Surveys and Buffer Zones: If the project schedule does not allow for early detection surveys to occur, a pre-demolition survey for roosting bats shall be conducted by a qualified bat biologist 14 days prior to construction as determined by a Memorandum of Understanding with the California Department of Fish & Game (CDFG) prior to any removal of buildings, particularly those with closed areas such as an attic space, or trees 12 inches in diameter. No activities that would result in disturbance to active roosts shall proceed prior to the completed surveys. If no active roosts are found, then no further action is warranted. If a maternity roost were present, a qualified bat biologist shall determine the extent of construction-free zones around active nurseries located during surveys. CDFG shall also be notified of any active nurseries within the construction zone.
d. Surveys: Initial surveys can be conducted any time prior to the pre-demolition surveys to establish if a particular location has supported, or supports, roosting bats. A survey for indications of nursery roosts shall be conducted prior to March 1. If e. indications of a maternity roost are present, the structure can be removed or modified before a maternity roost becomes reestablished.
f. Exclude Bats Prior to Construction Near Roost: Bats can be excluded after July 31 and

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before March 1 to prevent the formation of maternity colonies. Such non-breeding bats can be safely evicted, under the direction of a qualified bat biologist, by sealing crevices and providing them one-way exclusion doors. Such a device should be employed in all expansion joints during dark hours as a temporary device to prevent the formation of a maternity colony. In order not to exclude all potential maternity roost habitat at once, only one-half of the expansion joints should be sealed at any one given time during the maternity colony-nesting season. This will allow bats to leave during dark hours, thus increasing their chance of finding new roosts with a minimum of potential predation during daylight. After construction, all exclusion devices shall be removed to allow bats to re-establish habitat for colonies.

20. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-6. The property owner/developer shall implement the following protection measures to mitigate impacts to the red-legged frog (see Addendum to the project EIR for additional details):
a. Avoidance to the extent possible.
b. Minimization. The project shall be designed, built and operated in the following ways that will minimize both direct and indirect impacts to these species. Any construction near or adjacent to the Shannon Creek drainage will be preceded by a pre-construction survey. The existing culvert over the Shannon Creek drainage will not be widened and will only be used as an EVA road. The primary egress and ingress for the project will be off of Hicks Road. In addition, impacts relating to the construction of the outfalls for the project are likely to be covered by the Programmatic Section 7 for the red-legged frog.

If formal consultation (via Section 7) for the red-legged frog is required, then the project applicant shall implement all of the Minimization measures outlined in the Programmatic Section 7 Biological Opinion.
c. Compensation by Wetland Creation. Any impacts from the project (i.e., outfalls) shall be mitigated by creating habitat on-site at a minimum of 1:1 ratio. Compensation by Riparian Restoration. A riparian restoration plan for mitigation shall be developed by a qualified biologist. The mitigation area(s) should be designed to expand existing riparian vegetation and re-create high quality riparian habitat along the Shannon Creek drainage and northern drainage. The mitigation goal is to create and enhance riparian habitat with

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habitat functions and values equal to, or greater than those existing along the Shannon Creek drainage and northern drainage. The final species selection and configuration shall be determined during final mitigation design. The trees and shrubs to be installed should be of local origin, preferably contract grown from seed or cuttings from within five miles of the site.
d. A detailed monitoring plan including specific success criteria shall be developed and submitted to The Town of Los Gatos for approval. The mitigation area will be monitored in accordance with the plan approved by the Town. The basic components of the monitoring plan are final success criteria, performance criteria, monitoring methods, data analysis, as-built plans, monitoring schedule, contingency/remedial measures and reporting requirements.
e. Specific success criteria and characteristics shall be developed during preparation of the mitigation and monitoring plan. At a minimum, the final success criteria shall include absolute percent cover by native trees and shrubs of 60% and 40%, respectively. The performance criteria should include tree and shrub survival at three years of 80% of the original planting. If the final encroachment estimates exceed 1.0 acre, monitoring of the mitigation site shall be conducted for 10 years. Annual monitoring reports shall be sent to the appropriate agencies. If the required mitigation planting is less than 1.0 acres, monitoring shall be conducted annually for five years.
f. During the development of the riparian restoration plan, an appropriate area (or areas) shall be identified to replace encroachment impacts at a 1:1 basis. g. Maintain Water Quality of the Watershed. The project shall be designed, constructed and built in such a way as to maintain the water quality in the adjacent drainage channels and ponds. Appropriate best management practices (BMPs) shall be developed for the project.

21. SOLAR WATER SYSTEM. Each residence shall be pre-plumbed for a solar water heater system prior to issuance of a certificate of occupancy.

22. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires all exterior paint colors to be maintained in conformance with

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the Town's Hillside Development Standards.

23. SUBDIVISION REQUIRED. A separate tentative map application submittal and approval is required for the proposed project prior to the issuance of building permits.

24. BELOW MARKET PRICE (BMP) IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and any applicable Town Resolutions. The fee amount shall be based upon the Town Council fee resolution in effect at the time a final or vesting tentative map is approved.

25. FINAL CC&R’s. Final CC&R’s shall be approved by the Town Attorney prior to the recording of the Final Map. The CC&R’s shall include provisions for traffic circulation, vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing restrictions. The approved CC&R’s shall become conditions of this Ordinance.

Building Division

26. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.

27. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of the construction plan submitted for building permit.

28. SIZE OF PLANS. The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches.

29. PLANS. The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5538).

30. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District at (495) 771-6000 and complete their process as necessary before obtaining a demolition permit from the Town Building Department. No demolition work shall be done without first obtaining a demolition permit from the Town.

31. SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics.

32. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or

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land surveyor shall be submitted to the project building inspector upon foundation inspection.

This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations

33. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed with adaptability features for single-family residences per Town Resolution 1994-

61. a. Wooden backing (no smaller than 2-inches by eight-inches) shall be provided in all bathroom walls at water closets, showers and bathtub, located at 34-inches from the floor to the center of the backing, suitable for installation of grab bars. b. All passage doors shall have a 36-inch wide door including a five foot by five foot level landing no more than one-inch out of plane with the immediate interior floor level, with an 18-inch clearance at interior strike edge.
c. Door buzzer, bell or chime shall be hard wired.

34. SOLAR HOT WATER HEATING. The residences shall be pre-plumbed for solar hot water heating. The plans shall show the location of a stub and valve located in the attics for solar heating use.

35. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CRIR and MF-IR shall be printed on the construction plans.

36. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.

37. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved appliances per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut.

SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of any building permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building

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Division Service Counter. The Town Special Inspection schedule shall be printed on the construction plans.

38. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet is available at the Building Division service counter.

39. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies approval before issuance of a building permit:
a. West Valley Sanitation District 378-2407
b. Santa Clara County Fire Department: 378-4010
c. Lots 1-13: Los Gatos School District: 335-2000
d. Lot 14: Union School District: 377-8010
Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building plans.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

40. GRADING. Grading shall be kept to a minimum to construct the roads within the project.

Any future grading will be considered at the time of Architecture & Site review(s).

41. GRADING PERMIT. A grading permit is required for all on-site grading, erosion control and improvements (roadway, storm drainage, utilities, lighting, etc.). A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Parks & Public Works, the grading permit will be issued concurrently with the building permit.

42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The report shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code.

43. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted

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to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title report and appropriate fees.

The map shall be recorded prior to issuance of any building permits for the project.

44. DEDICATIONS. The following shall be dedicated prior to issuance of any permits:
a. Hicks Road. A 40-foot half street right-of-way with the chord of a 20-foot radius at the intersection with the new street.
b. Shannon Road. A 20-foot half street right-of-way.
c. New interior streets. A 40-foot street right-of-way with the chord of a 20-foot radius at all intersections and a standard 42-foot radius cul-de-sac. d. Public Service Easement (PSE). Ten (10) feet wide, next to the new street right-of-ways. e. Ingress-egress, storm drainage and sanitary sewer easements, as required. f. Trail Easement. Ten (10) to twenty (20) feet wide, as shown on the Official Development Plan.
g. Emergency Access Easement. Twenty (20) feet wide, from the new public road to Shannon Road, as shown on the Official Development Plans.

45. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. New Streets. Curb, gutter, new street paving, signing, striping, storm drainage and sanitary sewers, as required. Curbs shall be rolled concrete to the satisfaction of the Director of Parks and Public Works.

46. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map.

47. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town

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Council resolution in effect at the time the request of Certificate of Occupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for each new house in this project using the current fee schedule is $5,730.

The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. Credit shall be given for the house on Lot 14, where a house was previous located, and for the three residences to be demolished.

48. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications or as otherwise approved by the Director of Parks and Public Works. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities.

The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense.

49. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security.

50. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.

Failure to do so will result in rejection of work that went on without inspection.

51. GRADING MORATORIUM. No grading or earth-disturbing activities shall be initiated in hillside areas between October 1 and April 15 of each year. For grading operations commenced before October 1, all grading or earth-disturbing activities shall cease October 15 and will not be allowed to restart until April 15. Grading permits will not be issued between September 15 and April 15. These limitations include, but are not limited to these items: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings and utility trenches. Install interim erosion control measures, shown on the approved interim erosion control plan, by October 1, if final

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landscaping is not in place. Maintain the interim erosion control measures throughout the October 1 to April 15 period.

52. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy/Certificate of Completion.

53. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall--top of wall elevations and locations. b. Toe and top of cut and fill slopes.
c. Top of future curb along one side of the new street.

54. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Division of the Parks & Public Works Department. A Notice of Intent (NOI) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the Town Engineering Division concurrently with the grading permit application. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area/building on an area if grading is allowed during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control, if needed. Install fiber berms, check dams, retention basins, silt fences, erosion control blankets and fiber rolls as needed on the project site, to protect down stream water quality during winter months.

55. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains or creeks.

56. NPDES REQUIREMENTS. All work within the project shall be in conformance with the National Pollution Discharge Elimination System permit issued to local agencies within Santa Clara County by the San Francisco Bay Regional Water Quality Control Board on October 17, 2001.

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57. FISH & GAME REQUIREMENTS. A "1603" permit shall be obtained for the California Department of Fish & Game for proposed improvements in or near riparian areas within that agency’s jurisdiction. A copy of the permit shall be provided to the Parks & Public Works Department before any permits are issued/final map is recorded.

58. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). Cable television capability shall be provided to all new lots.

59. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition.

Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.

Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

60. DRIVEWAY APPROACH. The developer shall install a minimum of one (1) Town standard residential driveway approach for each lot. The new driveway approaches shall be constructed per Town Standard Detail.

61. LOT 14 DRIVEWAY. The driveway to Lot 14 shall be the minimum width required to provide fire access. The intent is to minimize the visibility of the driveway.

62. AS-BUILT PLANS. After completion of the construction of all work in the public right-ofway or public easements, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Construction Inspector. A Mylar of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security is released.

63. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused.

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Install a sanitary sewer lateral clean-out at the property line of each new lot.

64. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Detail.

The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project.

65. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project.

66. CURB RAMPS. The developer shall construct curb ramp according to State Standard Drawings at all intersections. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase of the project.

67. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-3. Energy dissipaters should be provided at the outfalls of proposed storm drains to minimize the increased potential for erosion hazards due to project development.

68. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-4. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared prior to start of construction. The SWPPP and project plans shall be reviewed by the Town Engineering staff. The SWPPP shall be in conformance with the Santa Clara County NPDES Permit as amended by the San Francisco Bay Regional Water Quality Control Board (RWQCB) on October 17, 2001. The SWPPP shall be approved concurrently with the grading, drainage and erosion control plans.

Reference the Addendum to the EIR for additional details.

69. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE The project design shall incorporate water quality mitigation measures in accordance with current NPDES requirements. Water quality measures should include use of biofilters, drainage swales, and detention facilities to mitigate non-point source impacts. In addition, the SCVWD and RWQCB recommend the incorporation of site planning design measures to help reduce

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potential contributions of urban pollutants from the project. See the Addendum to the EIR for additional details.

70. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-2. In order to minimize potential traffic safety impacts the property owner/developer shall take the following measures:
a. Adequate sight distance shall be provided for the project access road/Hicks Road intersection through removal of vegetation and grading of the embankment. b. A stop sign shall be installed to control traffic on the project access road to Hicks Road.

The stop sign for the proposed driveway shall be located along and parallel to the north edge of pavement on Hicks Road.
c. Warning signs shall be installed indicating a "T" intersection along Hicks Road approaching the new driveway. These signs shall be located approximately 300 feet east and west of the project entrance/Hicks Road intersection. d. Traffic reflectors shall be installed on the south side of Hicks Road at the intersection with the entrance road to the project.

71. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-3. A separate pedestrian trail shall be installed along the north side of Hicks Road.

72. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-4. Use of trails by bicyclists, particularly the trail parallel to Hicks Road, shall be considered during Architecture and Site review. In addition, design issues such as the appropriateness of trail widths, pavement versus compacted earth, and trailhead facilities shall be considered during Architecture and Site Review.

73. GEOTECHNICAL REVIEW OF SUBDIVISION IMPROVEMENT PLANS. The project geotechnical consultant shall review and approve all geotechnical aspects of the subdivision improvement plans to ensure that their recommendations have been properly incorporated.

The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the Town Engineer for review, prior to issuance of permits for construction of subdivision level improvements.

74. GEOTECHNICAL PLAN REVIEW (LOTS 1 THROUGH 13). The project geotechnical consultant shall review and approve all geotechnical aspects of the project building and

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grading plans for individual residences on Lots 1 through 13. To ensure that their recommendations have been properly incorporated. The consultant shall verify that recommended measures to address potential debris flows on Lot 6, and potential co-seismic ground deformation on Lots 1 and 13 have been incorporated.

75. GEOTECHNICAL INVESTIGATION (LOT 14). The project geotechnical consultant shall complete a site specific soil and foundation investigation as a basis for preparing recommended geotechnical design parameters for Lot 14 residential improvements. The results of this investigation shall be submitted to the Town for review by the Town Engineer and Town Geotechnical Consultant prior to approval of a site specific development plan.

76. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction.

The results of these inspections and the as-built conditions of the project shall be described by the project geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final inspection.

For further detail on conditions 71 through 74, see the letter from Cotton, Shires & Associates dated February 12, 2002.

Parks Division

77. AERATION TUBES. All impervious surface encroaching under the dripline of existing trees shall have aeration tubes installed and these tube locations shown on the plans.

78. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation.

79. BUILDING FOUNDATIONS: Any buildings under the dripline of existing trees shall have a foundation built from pier and grade beam to minimize impaction on existing trees.

80. TREE STAKING: All newly planted trees are required to be double staked to Town standards.

81. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site.

82. IRRIGATION SYSTEM. Water efficient irrigation systems shall be utilized to conserve

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water in all project irrigation of publicly landscaped areas.

83. VEGETATIVE SCREENING. Vegetative screening shall be used along the development edges, where appropriate, to soften views of peripheral buildings and to integrate landscaping and native vegetation.

84. WATER EFFICIENT ORDINANCE. This project is subject to the Town’s Water Efficient Ordinance. A fee of $472 is required when the landscape, irrigation plans, and water calculations are submitted for review.

85. TREE PROTECTION. Tree protection fencing shall be placed at the dripline of existing trees to be saved in the area of construction. Fencing shall be four feet high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree a fence base may be used, as in a typical chain link fence that is rented. The fencing must be inspected and approved by the Parks Superintendent and must be installed prior to issuance of a grading and/or building permit.

86. ORNAMENTAL LANDSCAPING. All formal landscaping shall be within 30 feet of the perimeter of the houses. Any planting beyond the 30-foot perimeter shall be native vegetation that is drought and fire resistant, and planted in natural clusters.

87. LANDSCAPE GUIDELINES. The adopted landscape guidelines and native plant lists shall include the recommendations of the Town consulting arborist, except that lawn areas shall not exceed 5,000 square feet. The landscape guidelines are attached as Exhibit C.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:

88. WATER SUPPLY. Two water tanks with a capacity of 10,000 Gallons and one wharf style hydrant shall be provided unless the proposed public water system can be extended to provide appropriate lot protection, or other acceptable means of fire protection can provided as authorized by the Fire Department. Installations shall conform with Fire Department Standard Details and Specifications W-1.

89. FIRE APPARATUS (ENGINE) ACCESS. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a

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maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-1.

90. FIRE APPARATUS (ENGINE) TURN-AROUND REQUIRED. Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-1. Cul-De-Sac Diameters shall be no less than 64 feet.

91. FIRE APPARATUS (HYDRANT). Where buildings exceed 150 feet travel distance from the street either an on-site (private) hydrant or an approved residential fire sprinkler system shall be provided.

92. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,750 GPM at 20 psi, residual. Consult with San Jose Water Company relative to main sizing requirements and hydrant spacing. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants proximal to the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible.

93. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be delayed until required installations are completed, tested, and accepted.

94. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and/or access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be delayed until installations are completed.

95. FIRE APPARATUS (HYDRANT). Prior to project inspection, the general contractor shall ensure that a "Blue" dot has been placed in the roadway as directed by the Fire Department.

96. HOUSE NUMBERS. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background.

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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 7, 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on ______________ and becomes effective 30 days after it is adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
N:\DEV\ORDS\2023\ShannonValleyRanch-TC.docx

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yr
HR-5
Prezone
HR-2 1/2
HR-6
Prezone
RC HR-20
Prezone 1 Prezone

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GENERAL DEVELOPMENT PLAN
LANDS OF THE DAGNEY GROUP. LLC

TOWN OF LOS GATOS, CALIFORNIA

SHANNON VALLEY RANCH
BY
GREENBRIAR HOMES COMMUNITIES, INC.

TABLE OF CONTENTS
SHEET NO. DESCRIPTION

1. COVER SHEET
2• CONCEPTUAL LAND USE PLAN

3. CONCEPTUAL SITE PLAN / CIRCULATION PLAN
4• LEAST RESTRICTIVE DEVELOPMENT AREA
5• CONCEPTUAL GRADING PLAN

6. UTILITY PLAN

7. SITE SECTIONS
S. TREE NOTES

9. SCHEMATIC LANDSCAPE PLAN

RECEVED
JAN - 3 2002

TOWN OF LOS GATOS

PLANNING DEPARTMENT
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K\ 527- 56- 009 ti L, .. i
s. OiSilsec BRITB zwx vnnm I. T . ro BE AEMOEB

2. 492 Ac.

P LANDS OF CHITRE C LA3 DSFACEE
v
v
0 PROJECT INFO
sJSwo:'
E,

1. 1
v \\ ` ,_ -
i IALCWr GNQNBAWI MEM COYMINI25. MC.

M'ItOPER: 9MN f/JSTAVZO. J:.
1'{
I NO STFNS CNEEN BLW..
11 \\
i

1. -
E. / ( p1J0515E -
Id
527 -56 - 008
1 HR- 5

1. 672 Ac.
11` I 1 [`
l.
l
sE

ENOIXFFR
LANDS OF CHANG i \ 1 IN slu -
iXFJgeGESIZN afio 1E
E
wsnxc use NEEE 1
11 \ \
tPEE 11 A- 209 C \ ; - PROF69Ep
IR: x — (E . AW, / 9. wmxm AESIOExcEs 1
SP/ CE 1
1 1
J \\ \ 1 P l
I..

MAY S/i xi951T 1
I 1: 1. BEST VMIEY sNNT. M1x ms] nCT 1
j O PoNFA M 1
SYPPLT. TO /
y
1 1 _ p
GBIE SE M, COUPMry f
527- 56- 006 ix, \ iEi£190N: . 31. JBI.°]B] -H - PoB k stiJ - L -Oa: I t HR - 5 pd li o cxoss Pl6A w. sua I\
111 ` LANDS 1OHOLBERi yf
OF SEPA SOUR 537-
17- 012 p
Ai
1 ------------------
952
M- 2 y
Dabs -
c. 527- 56- 00+ F'' ik ] iys level1v .
1- 022 Pc IS \ m4
J;'
Ervr

CONCEPTUAL
LAND USE PLAN E + bF STERANHA s LANDS J / 111 / f\ / o ® o y
sC 7 UE: I'.eo. LANDS OF THE DAGNEY GROUP. L.L. C. z
c pBNMZ .. . / MATCH
LINE A ^, ` I8 y _
I __ .._
1 -003 5 }] Jam/ Las uros cnJECRw.'
i 5ll - 18 - 002 ` y
LAND 25. 1
53± OF
ABOVE - 25.
532
SWEI.

Ac.

LANDS
I ['
OF MCBETH KSi ° SEE

5. 032 Ac. pA
lmB
xIVm &
ENe. 3
11 VII 0 S 4I 20a dH 1 i yi . A ° 2® s SHEET 2 OF 9 sw
1us Brave.

Page 56 ends

1 Iva
r it _
I \ i'
x

DEVELOPMENT AREA
LANDS OF THE UAGNEY GROUP, L. L. C.

A TCH LINE a _ .__ _
r t - us tyros
SEE asovE _ •
IYu y -
SHEET 4 OF 9
w msc um o, xoe, , xv
w

Page 57 ends

NNI
s, mF 10 6 "' N" A DM
In I.

Pc PNNNR xl3ilw_'- _
R4N -" i
MROMMATE ENrt MWORK QUANTITIES -^'> \ \ \ ... _ -. - % ossw, INt AOa a s
zsxv CUT FlLL \
I..,
T
LOTS TOTAL 23627 23827 i \ \ ` 575- 02- 013
TYPICAL DRIVEWAY SECTION STREET 3071 2305 ' l LANDS
xls) TRAIL 1970 1394 \\\ M_OF - SAR.

So NOISE— IN Kuss vs.., TOTAL 28868
Is Is Nm MWUEa Mu BNIM' CE oN sn ,
2s /
S
A,
D
SITE rc "
IFNUL zsx_
iROoAIL — L

EMERGENCY VEHICLE ACCESS ROAD
56- g3 - 040
LAND$ OF CHRISTIAN
CHURCH OF L68 GATOF{ :'
1 - 1 \ I\ " \\ \ i VICINITY MAP
0,'!y\
NtlN EM D itl iWL ITM@ Y ,
r• _ '
I
p. ° 1 \ 1'
s \, - }
p
T, a
N. KWP ? 8 K8, xo. iE TME: wemr ro- xx /- r $'• \ Ur
Ei Is1MD Rcs., wD vEC[ r .' c 8' e !,
1 7 po o TREE LEGEND
v \ \: \ ! .,
e . _ . I ,! _
aq ;
IB 1 (( dv I iwMr"inzE` R " E — '.. 1 r:41 i vc 1q 111. S IIIE TO uuNn F ' 0 Y T1EE ID BE REIpuEO A +
t ; as+ EGATO r $, A & S rmociss .\ '. _ E / _,. \ ` \'. \: } EASEMENTExFA [ xGENx)4M KGE.
3J' t'
l3
ryI
1 8\ }. P , } , } X , '.
1'
Y\ .,.
yp •'..'
r .`
p ljLRl \:\\ 1 LLS.ESE WED Sa ESCENK C0.v5CRVn110N yF I 1 " 1
I
li 1C
sl''.
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4l. IR151w0 0.M 1 ' w
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nG at[ i4 :. ,.'/ \
i
S ,• '! 1 ;\ % \\ \ ? \ f.E. E N611L rWN6 SEMU
IS
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k / ( PRChgf $ TsNipA O I \ '' AEt wr gE REpr° p6 1
JS _ R \ FlREOEPi TURNWi
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ll
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T
D .•
6 \'~ Y". / n I \ 9Db ' DUPN' rICH 5' • WY
1 •\ \ //
nI
M \ ,
E 5 Sx
p \\ , TRAIL SECTION
GG"
ffAAAA
yMIYp `\\
I _
567- 2
11\
L
LANDS
a
O UN
1 i A
y.

R - O - S
l vo' ESCmP ox e.,.. m w`ro w •. EI
64NM - T
M1D4RlF \ NP ' i , 21
VI ,_ - 1
n,
A
i A < •/
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u 7 1
A /
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S OF FEUph v AdovosM mow P.w w ARE,
i
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ry, \
I
i
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I _
1 vl l
1 L 1
ss
CI
iL',. \ \
1 \ •. /
LANDS OF ARAN \\ , . I : _ X \ D'
z.'!
r .

NO EE ISnNO NIURNSA TO 6E RMOUSxM.

2. PREPLoT NO Of Rol! S RIELLwNYM wD
A I - \
y
r
537- 17- 011 " svaFV io cNN16E
A v. Nrx. s
1 527- 56- 009
z
i II x `, A
j
s 9± Pc
1 } DS OF FEE aI. usnrw FASFe, EM.vureRrwN LOdlgxS vmm sx6aM mrPAE e uPPI MxMNre RE, S q
1 V 4 } µ D PAS SURS= r0 .0.VSwEM nl 1XE
DYE Arv05 Oa CHITRE !.- 11AP
oa w\ \ 3
s.

I} '
PREPUUmx.
d 34 IOt
Y
Ac. SSRORI PE.w
C rL cRwwc IIORx_ uwL AS c° NPI .
x 1
1 A II
x R EM1F VNOS OF wwG Nn NNYLTwr c
ENGCO v1A / I
10 d A ' ` ANN r ICNRDNKE MM GEOIEMNMK IXoL°
RR110R 2• 6' 1
1 \ p \ \
U $ P GrJRO[
P
r
1 WEROAY PEA e, soxc wEUS sxaL AE UsUN. [ O . 51 NE,
xoorvw CATKIN of qo XG TO ORRRRR RE° VUlS -' POw1A5RlEO 6Y VEE GUTTER DETAIL \. I \ t
7 1 n3 ENCINEEIS SPIT. c1AV vPLUr wnlLR ° LSwn. c. 0 p° m zcs - zeo° i V : 3TT, ,' a\
N 9 / 91. E. N oN xz ro mNU Ron wsMe: r oesER,. TwN
of
PE• _ \ Pu wcu .
sNmwNExrs. q
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J" [. slil
1 I
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l i. swx xc NUR rRNLS re BE DnwunM nr m of
Fl.

Is. c/
L - 52z
j 1 I t
I

HI - - J''
I o[ scx co° Imuww° wrx TRE SAR aF Los
tyros PFz —[= E P' S a s.

E 1. 6 ., AL YktPWRyIµ 4 III II1 C ' g e:.' ,
ry` \ 1 }' Ij } 311
II _ G .INE. T aF PMNS AND
FaRESrm. xo• 10'
la 10. LAN' ui ' J CI
4NN \ LOT A PCR CPp E , l' 1 11

1. b Ip' IRNt lllcnYFM NIO EaulM M POINT
ov lF
SuNK[ / I
IINIED U E. 1 \ /( gyp ( r
I
II'
A
r
F
O- \ \
1444'..., 1
I -
plO51M AND °" So.

CPYpIIEC / MESIMSXru 1 .REPORT D F
1 p p
COLREE
EME j}
II I' nl - a RNAI. o[
sloil. ho
F;
1 I 1 N •' 9. CPp SP. V£ KGS fY ^.tPT L° i A s1W1 6E YVMNMO 6Y cuss 2 KO 66E /
I I i
r/ 1 A _ 1 \ II
I
I 7j '
s
O°' i
f ' \ V
I
y -. ( mE roYE ox+rtxs ASSOC. nox ixol rx° /°R
I1(
f
j 1
1 _
b I ' t
fw PMIERS rRNC sX41 AE . R1.[ D 6I ENF xD. A
ir. r \ A\ I\ I/'/ III I
I
y
4 I
I • -
S i '\ I
IITRA WIMIN LOr C MLL

BE MNRS
M Bf ME
NAA INTERIOR ROADS - ALTERNATE " A 11. TIE siM S el PII. I OF iNE Ex, S.

GROSSxc 1 5z7 % - 005 _ $ , 11 APiorwE mrtEa
NOrtN wRw nwL °
Enw
Rn ( xTSI
a.

F h 73F2 % pc I \ )( I' ll (,
l
i
r 537 - 1] -
012
6 R T M
RI
Ot OF lq REN9 W
SEPAHMANSOUR Rkv. s -W m ' 1 11. 952 Ac REV. 1
m '
y
so ?—
szisooa1,"
r ,
l
l E' lCONCEPTUAL GRADING PLAN
1 AU
E' ( 3 LANDS OF THE DAGNEY GROUP, L.L.

C. S DF r$ TERMKA I
HVIJ o O L @° 2 j;
N
1 A \ l ' :

VIII /
T
I
I
1 / /
U
L/ \ . LM
urDS
yy GWfORnu
J S' s'..
ses[/ F M AMM
UM INTERIOR ROADS - ALTERNATE "
B" -- - \ 1 1
s
r / P
I
t *. i
I ® avlLfw. Nueews.

INC. sceASl -
eo•
Ixrsl - L%iAl0S OFUS fz
E /' /. N/ '` \ ! g' I I I ! { AMPS OFBiAIOBEI{ F lA
xoM
IsI& 2531b . AH.':. . \ .:. n' l5.03E Ar// _.,' / / .. ." SA EET 5 OF

Page 58 ends

575- 02- 013
I
LANDS 4F
CITY 0 —W JOSE z 3 §
II.!) cSITE
NT\ \ r =
w
56] 23 040
LANDS OF CHRISTIAN a/
cH H DH oos ? f Lospnr

VICINITY MAP
REW . aUSr ENr m Tee {
RE REOUPm W irAi•. wu m / Y'
L
NpS {> R 6} 1{ tN
SE R
l
LJ
4n 35FI
L
I, 1 ^. ".`. _
r
I.; \ 11 \ \ 1 \ 2 m
r /
l / w3me v E r. cusroN o f
3 l EASEMENT ND
VEIJEC a ROwxv Ass IFFEE 5 r ' '.`L \ 1
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I, - \
1'! \
i

09.5<.E9CxG[ ONSSEM MN
4t 1
1 ` -
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sENER 3 4
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Lro
DR Q' x r ° a eURRE I '
Ri ^
1\ . c weuc
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g1 \
v.
1 / APPRO% IAMTE LOCAMkE OF
SHE ^ \ \
q1 \
I AfiCe1 M P , JOINT" TAENCd HAS BEEN 6H0 , 3 R E y[ A 11 I A P ft 4
1 _ /.' EXACT OON OF JOINT NCN .'/ /
W
t
1 7 TO
N \
6EE5 HOED BY .L,

PROVIDE T
1FIR O§ TH2''' • IFIRE` DEPi.-: IiM1OUi .- .. II
v \•!
l \.
1`
1 E,
Iv l
v E
Jr —
rI
F
1 \ \
AaQIwN \ - ... WATER NE HAS BEEn
sn0wrv. .
1 ILR
y r E
rauL
iG - __- -__
r 567-
24' APPROIIIqATE LOCAl10N OF THE1'
lv
0 1 1G,ILANDS OF A JOUM(
I
Q -
1 ' iR. ut jry, pl A : LINE ITO BE09kNE0 % By SANAJOS _ II} 1 a/a
1 X/ \'\ \\ WATfR. COMPANY ^ l
I R- 0- 5 641 M
7 i TREET
IGNi
P
FOR. oRNx .

NxDLE t V'! v — PRavosm smnu
cew UBk J
Lt 9 d4 >? i` T' — PRaosm N. o ow
ET j CF LE JP t
B` - /
L
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L
I ; b., . '(\
F
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Oy,
pv2v
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vv
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vv
v
l 527; 56' 0! 0 _ _
III
A
J II'
I //
Uouw
RNET 3.01i
R
Ac oaEO..' SE
4NOS OF
JAPAN
NOTES oxulucE
E FF wu
AAND wLDwcs rD BE

DEOSXED
of 1 i• \ % r
III X \ \ "^
spry 3. giEPLmIME Or RRWM IS MWIRN RT
µD 527- 55-
Irtuwro 1. 2 49i 4a \\ 06J / .\ ` \ ` „ lr I! 1DSo- OF FEE %s' Oo'' cror. I - El — mrwx Lon. Ano BE 1 \ \ 1 \
V _ o ME SUWM tD MARSIFEW Xr THE
ENE R. ENEM LDCUIws I.. µE ANRD% x.

T J 1 ' . or RsROrc. IE , w. w PREPeD.
nox. 1 \ I
1 \ E% .

EULVERT A AA ) t
I'
r ` ' CROSSING s. cwgND wcRr swu BE
m "" F n T6
REMAIN !E.rAWwCE mM' cmrzaw uL
FlNnMmx a FR. uIO XwuFOW 9x ENDED

EVES / IV /
9e. l
D I 1 6- Eb5TX4 NELLS ENRE BE 4NMNNEO OR RMISM I I
C I
1' Q \ - /' I I
I I -.. rnva9 ro o ROF REgR E ro HRRE aEo
er
J Ewer, wufl' IrnrFrt D51Rx' f. cru ( wel : 55
xew ME` 5 Lrsaeirvo AFRAH E MR oman OONDR llax
ar 1 \ 1
1 ` _ % 52] 56 - 006 I1 I II i I I
i _
y T !
T. W F
RO . 0 SRREER
s
M
E
REOal¢ IEn
Ly7r REwxsvum rnwn ro ssuwcE or 1
vcam¢
r
E
9 N F HA^ o \ 1' \ V:, I
I I I HONES . BE caxsiRUCIFD wlTl RRE
IIPRAFRARI vI _ ___
1 I - A
LANDS 01 y . 1
I
Il/
I
III _ el 1 !
I
tI i
i , ' ouior oi[
xiE vx.n on .DCOMaxrROneor mol 1 le I
j': I -(. 0 ARE W m): ) swlA
ROS.

Xro.

E1
a" xmlX
Pe
Io alawm
d NODE ORROX CF It µD .. E. DY r1E
ryM4
e 537- . 17 -
012 REV 9 DS D,
y# LANDS OF SEPAHMANSOUR RM i 12- 01
8 1

I CONCEPTUAL UG' UTILITY
PLAN 027 56
AI_ 1II I
I'. n 1
F
I

I LANDS OF THE DAGNEY GROUP,
LLC YS c I . 111 I
I
dI / -
L F Is E A RA it 1 "
f Los Gras
cwroRxu Ii EACH $
sonrs i
t . \ `.

CINw.bN. umN+
wEsM..

Swu'
INC.
iO'FE/VCU2 &
Tl 50i£ A ' / 8}
4EET 6 OF
9 a
0! ° °
m°
u

Page 59 ends

4, 4
E' w 1. 00 2. 40 » W 4. 00 5. W 6. 0]

SITE SECTION C - C

SITE SECTION B - B
s
4__
L
EXISTING DRIVE WAY OF LOT 14
w
SEC a — a

KEY MAP - NOT TO SCALE

SITE SECTION A - A
o a4 ® a
scutY - ao•
SHEET 7 OF 9

SITE SECTIONS
LANDS OF DAGENEY GROUP, L. L.C.
om mimm I 0m01 IX No0wi
E' w 1. 00 2. 40 » W 4. 00 5. W 6. 0]

SITE SECTION C - C

SITE SECTION B - B
s
4__
L
EXISTING DRIVE WAY OF LOT 14
w
SEC a — a

KEY MAP - NOT TO SCALE

SITE SECTION A - A
o a4 ® a
scutY - ao•
SHEET 7 OF 9

SITE SECTIONS
LANDS OF DAGENEY GROUP, L. L. C.

Page 60 ends

I1
i
r
1 1
1 1
1 Ir -'
I1
1 L
IL
L
LOT A
M.) 4s
6 YI
s
6,
LOT0 4S B
Aq
tl
0 4
9 3
19 b
11 E
11 i/
13 LOT C

6. S I[ S
9 RB55W XxL rab

VICINITY MAP
Mtt 10 $ LVE
NOTES: P E.. BUDWBB ro BE aEx01KXE0.
z. PREPLOIONL m MOWS a PRf11xuW( t 4q
CFlSIIXB S SnNG roHRR cX41DF. IOHIf MMW LOi P M BE REtlWEO E11511N0 PRWgYE iMYt Ntllxx LOi > 10 BE .. D

5. DESroBSIICx. w°<NIaxBE+ MOBBME IxmEMBlaor
i4 OF
Ob/ RINEXI Or PNd6 NN MXESIBI.

1. 11X4. 1RM M AWEM WO LOUIICN Cr PoIM OF
BEMB 10 . 1DlILEBT PROPFAIY IO lxE M51 9W1
BE CflE1XlMD W CWRpe1Xi10. Y NttX ME tOxX OF l0B Gi05
iRNLS nX0 @xEwnn mxxlRE[ PP 1x I.. Or W. DESwx.
i. OPFx SPKE 116 S. E10EPE Wi B . BE .. m B!

1. wuE maa1. S assO u BE u( nmOw) Dr xm0 / Om x.. l l
B. E. Nk mMW LOT C MM BE NNNFNNEO By 1XE X. 9A
y
0 w Bo EO
sufE: l • - aD k
ai'. B - ii ni
i

CONCEPTUAL SITE PLAN
CIRCULATION PLAN a LANDS OF THE DAGNEY GROUP, LLC. _
n[ ciPPe[ 4 fwsEYfMS BLiwE[ N LOi , x
WO 4x05 Oi BVPxE WEX i ON LOt
SIN`
R3 / x00ED ORNEWxv rOP EuEPGFNEV ON 4Y' JS vF EFOrit1E B.U KCL55E SS P[ L

PUPPOSEC
I
1 I1
i
r
1 1
1 1
1 Ir -'
I1
1 L
IL
L
LOT A
M.) 4s
6 YI
s
6,
LOT 0 4S B
Aq
tl
0 4
9 3
19 b
11 E
11 i/
13 LOT C

6. S I[ S
9 RB55W XxL rab

VICINITY MAP
Mtt 10 $ LVE
P NOTES: E.. BUDWBB ro BE aEx01KXE0.
z. PREPLOIONL m MOWS a PRf11xuW( t 4q
S CFlSIIXB SnNG ro HRR cX41DF. IOHIf MMW LOi P M BE REtlWEO E11511N0 PRWgYE iMYt Ntllxx LOi > 10 BE .. D

5. DESroBSIICx. w°<IaxBE+ MOBBME IxmEMBlaor
i4 OF
Ob/ RINEXI Or PNd6 NN MXESIBI.

1. wuE m aa1. S assO u BE u( nmOw) Dr xm0 / Om x.. l l
B. E. Nk mMW LOT C MM BE NNNFNNEO By 1XE X. 9A
y
0 w Bo EO
sufE: l • - aD k
ai'. B - ii ni
i

CONCEPTUAL SITE PLAN
CIRCULATION PLAN a LANDS OF THE DAGNEY GROUP, LLC. _
n[ ciPPe[ 4 fwsEYfMS BLiwE[ N LOi , x
WO 4x05 Oi BVPxE WEX i ON LOt
SIN`
R3 / x00ED rOPORNEWxv ONEuEPGFNEV 4Y' JS vFEFOr it1EB. BU E KCL55SS P[

PUPPOSEC
I `
14 I1
i
r
1 1
1 1
1 Ir -'
I1
1 L
IL
L
LOT A
M.) 4s
6 YI
s
6,
LOT0 4SB
Aq
tl
0 4
9 3
19 b
11 E
11 i/
13 LOT C

6. S I[ S
9 RB55W XxL rab

VICINITY MAP
Mtt 10 $ LVE
NOTES: P E.. BUDWBB ro BE aEx01KXE0.
z. PREPLOIONL m MOWS a PRf11xuW( t 4q
CFlSIIXB S SnNG roHRRcX41DF. IOHIf MMW LOi P M BE REtlWEO E11511N0 PRWgYE iMYt Ntllxx LOi > 10 BE .. D

5. DESroBSIICx. w°<NIaxBE+MOBBME IxmEMBlaor
i4 OF
Ob/ RINEXI Or PNd6 NN MXESIBI.

1. wuE maa1. S assOu BE u( nmOw) Drxm0 / Om x.. l l
B. E.Nk mMW LOT C MM BE NNNFNNEO By 1XE X. 9A
y
0 w Bo EO
sufE: l • - aD k
ai'. B - iini
i

CONCEPTUAL SITE PLAN
CIRCULATION PLAN a LANDS OF THE DAGNEY GROUP, LLC. _

Page 61 ends

I
I
14 Op kee
N1
1M__ L
I ` , I
e" J
y
II
Legend
r,
24" Box Tress In InfOrz"'C"' t')
z
Tree Mart" h Rip,
W'. tlan Arad.

CID ' z
ca
L
E. I. tirs Trees to Remain
CID
ca
3 Roll Pon..
cn_
Open Kro F. nl.

Tree Palette
Lagarstroamia x fouriel Crops S4jrtle
Fists.]. ' Kin. nes, aln. se Pl. t.. h.
so
Tipali.
1/
011ay Oak I
0'... . lat' at. Coast Live Oak
Sequoia .. Mp ... Iran$ Coast Redwood
Tree Palette
cormyq spa. Dag ... al va' l. ti. s
F. P. I., F . n, ortll Fr. nnsrt Cottonwood
Ouar.. agqlif. 11. Coast Live Oak
Sall. W. I. I. Pis Arr. p Hills.

Midivriserrg
Note:
open Kra Fr. 0 will to located Individually
on each lot based on the final house
FM Cls le., stlor, Fine I ... tion. . 111 be
daterinlited at a later date.

Op kee
N1
1 M__ L
I ` , I
e" J
y
II
z
CID ' z
ca
L
CID
ca
cn_
0 40 80 so
L1. 0

Page 62 ends

TREE LIST
ildi REtl6 1RUxx ILGMx PIgFO5D1 CODUfNf
xe. ouxnm w: nox

TREE UST
m¢ SP MOis = sFOx PROPO wilssM
xe. Osss
m ecnOx
F,,, —..

Prmw,
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Page 63 ends

Exhibit D
This Page
Intentionally
Left Blank

Page 65 ends

PREPARED BY: James Watson
Interim Town Engineer
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: 4/18/2023
ITEM NO: 6
DATE: April 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816-0420), Completed by Casey Construction, and Authorize the Town Clerk to File for Recordation RECOMMENDATION:

Authorize the Town Manager to execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year (FY) 2022 Annual Storm Drain Improvements – 62 Ellenwood Project (CIP No. 816-0420), completed by Casey Construction, and authorize the Town Clerk to file for recordation.

BACKGROUND:

On September 20, 2022, the Town Council authorized the bidding of the repair of the Townowned storm drainage system that runs through the private property at 62 Ellenwood Avenue, Assessor’s Parcel Number (APN) 510-20-068. Staff worked closely with the property owner and their engineers to develop design plans. The project was advertised for bid on September 26, 2022 and bids were opened on October 10, 2022. Three bids were received and all three exceeded the $300,000 anticipated project cost. The project was presented to Council at the meeting of October 18, 2022 with a request to reject all bids and rebid the project. Council rejected all bids and authorized the Town Manager to rebid the Project after incorporating cost reduction strategies.

The Town rebid the Project and three bids were again received. The Town entered into an agreement with Casey Construction on December 8, 2022 for $223,400 to construction the Project.

Page 66 ends

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816-0420), Completed by Casey Construction, and Authorize the Town Clerk to File for Recordation DATE: April 3, 2023
DISCUSSION:

The construction project began in February 2023. Casey Construction has since satisfactorily completed all contracted work items for a final contract amount of $214,900. Staff recommends acceptance of the Project (Attachment 1).

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 Notice of Completion and Certificate of Acceptance is now required to finalize the Town's acceptance of the Project.

CONCLUSION:

Authorize the Town Manager to execute a Notice of Completion and Certificate of Acceptance for the 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816- 0420), completed by Casey Construction, and authorize the Town Clerk to file for recordation.

COORDINATION:

This report has been coordinated with the Finance Department and Town Attorney.

FISCAL IMPACT:

There were sufficient funds available in the CIP Budget for the Annual Storm Drain Improvement Project CIP No. 816-0420 as displayed in the fiscal table.

Budget Costs
GFAR $ 186,600
Transfer from Fund 462 - Storm Basin #2 (Approved with 9/20/22 Staff Report) $ 113,400 Total Budget $ 300,000
Costs
Construction Agreement $ 214,900
Geotechnical Review $ 3,892
Misc. Project Expenses $ 1,916
Total Costs $ 216,816
Available Balance $ 83,184
Annual Storm Drain Improvement Project
CIP No. 816-0420 - Storm Basin #2 (Fund 462)

Page 67 ends

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Fiscal Year 2022 Annual Storm Drain Improvements – 62 Ellenwood Avenue Project (CIP No. 816-0420), Completed by Casey Construction, and Authorize the Town Clerk to File for Recordation DATE: April 3, 2023
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

Page 68 ends

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 COMPLETION AND NOTICE OF ACCEPTANCE
PPW JOB NO. 22-816-0420 Annual Storm Drain Improvements – 62 Ellenwood Avenue TO WHOM IT MAY CONCERN:

I do hereby certify that Casey Construction, Inc. completed the work called for in the agreement with the Town of Los Gatos dated December 8, 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. 22-816- 0420 located at 62 Ellenwood Avenue (APN 510-20-068) in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted April 18, 2023.

Bond No.: 0820094
Date: December 9, 2022

TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgment Required

Page 69 ends

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

COUNCIL AGENDA REPORT
MEETING DATE:04/18/2023
ITEM NO: 7
DATE: April 11, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report (February 2023).

RECOMMENDATION:

Receive the Monthly Financial and Investment Report (February 2023).

DISCUSSION:

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 February 2023 Monthly Financial and Investment Report which fulfills this requirement.

Attachment 1 contains a Fund Balance Schedule, representing estimated funding available for all funds at the end of the February 2023. The fund balances are estimated at the point in time and will be finalized at the final close of the fiscal year.

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 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 February 28, 2023, the Town’s financial position (Assets $78.8M, Liabilities $26.6M and Fund Equity $52.2M) remains strong and there are no issues meeting financial obligation in the near future.

Page 70 ends

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report (February 2023) for Fiscal Year 2022/23
DATE: April 11, 2023
DISCUSSION (continued):

As of February 28, 2023, the Town’s weighted portfolio yield for investments under management was 2.66% which exceeded by 4 basis points the Local Agency Investment Fund (LAIF) yield of 2.62% for the same reporting period. Currently the LAIF portfolio’s weighted average maturity (WAM) is 287 days versus the Town’s longer WAM of 475 days. The longer maturity will benefit the Town for additional cashflow earned with bond interests. 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 on investments under management of 2.66% at the close of February was 21 basis points higher when compared to the prior months return of

2.45% reported as of January 31, 2023.

Since December 31, 2022, LAIF yields had climbed from 217 basis points (2.17%) to 2.62 basis points (2.62%) through the end of February 2023. 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.

As of February 2, 2023, the Federal Reserve voted to approve a ¼ percentage basis point increase from 4.5% to 4.75%. With this increase, the Federal Open Market Committee (FOMC) expects that this will bring back the inflation target of 2% over time. Following this announcement from FOMC, labor market data showed that about 517,000 new jobs were added in January. This in turn affected the unemployment rate which declined to 3.4% from

3.5%.

The Town's investments are in compliance with the Town's Investment Policy dated February 21, 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.

The Finance Commission is receiving this Report at its April 17, 2023 meeting.

Total Cash $ 69,108,644
Plus: Assets $ 9,701,729
Less: Liabilities $ (26,572,208)
Estimated Fund Balance $ 52,238,165
Reconciling Cash to Fund Balance

Page 71 ends

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report (February 2023) for Fiscal Year 2022/23
DATE: April 11, 2023
CONCLUSION:

Receive the Monthly Financial and Investment Report (February 2023).

Attachment:

1. Financial and Investment Report (February 2023)

Page 72 ends

Weighted Average YTM Portfolio Yield on Investments
under Management 2.66%
Weighted Average Maturity (days) 475
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $69,108,644 $68,295,974 $71,083,516 Managed Investments $47,026,000
Local Agency Investment Fund $6,978,204
Reconciled Demand Deposit Balances $15,104,440
Portfolio Allocation & Treasurer's Cash Balances $69,108,644 Benchmarks/ References:

Town's Average Yield 2.66% 2.45% 1.17%
LAIF Yield for month 2.62% 2.43% 0.28%
3 mo. Treasury 4.85% 4.69% 0.32%
6 mo. Treasury 5.18% 4.86% 0.66%
2 yr. Treasury 4.82% 4.21% 1.44%
5 yr. Treasury (most recent) 4.19% 3.62% 1.72%
10 Yr. Treasury 3.93% 3.51% 1.83%
Town of Los Gatos
Summary Investment Information
February 28, 2023
0 - 1 year
55%
1 - 2 years
21%
2 - 3 years
3 - 5 years 8%
16%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 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.

Page 1 ends

Page 73 ends

Month YTD
Cash & Investment Balances - Beginning of Month/Period $68,295,973.87 $72,886,942.83 Receipts 5,104,179.53 37,326,510.94
Disbursements (4,291,509.35) (41,104,809.72)
Cash & Investment Balances - End of Month/Period $69,108,644.05 $69,108,644.05 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $93,101.80 0.17% 20% of Town Portfolio
US Treasury Notes $8,877,414.30 16.44% No Max. on US Treasuries Government Agency Debenture Notes $24,857,006.60 46.03% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $13,198,477.01 24.44% 30% of Town Portfolio Local Agency Investment Fund $6,978,204.02 12.92% $75 M per State Law Subtotal - Investments 54,004,203.73 100.00%
Reconciled Demand Deposit Balances 15,104,440.32
Total Portfolio Allocation & Treasurer's Cash Balances $69,108,644.05 Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
February 28, 2023
BNY MM

0.17% US Treasury Notes

16.44%
Government Agency Debenture
Notes

46.03%
Corporate Medium Term Bonds

24.4%
Local Agency Investment Fund

12.9%
Portfolio Investment Allocation
$71.1 M $69.1 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Treasurer's Fund Balances

Page 2 ends

Feb. 2023 Feb. 2023 Feb. 2023
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:

Cert. of Participation 2002 Series A Reserve Fund $ 692,496.79 $ 2,192.70 $ 8,438.49 $ 686,251.00 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 133,662.50 31.60 133,662.50 31.60 Note 1 Cert. of Participation 2002 Lease Payment Fund 121,225.00 8,438.49 67.70 121,225.00 8,506.19 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,295,269.99 4,484.82 1,299,754.81 Note 2 Total Restricted Funds: $ 2,242,654.28 $ 8,438.49 $ 6,776.82 $ 263,325.99 $ 1,994,543.60 CEPPT IRS Section 115 Trust 692,196.69 (18,916.96) $ 673,279.73 Grand Total COP's and CEPPT Trust $ 2,934,850.97 $ (10,478.47) $ 6,776.82 $ 263,325.99 $ 2,667,823.33 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
Non-Treasury Restricted Fund Balances
February 28, 2023

Page 3 ends

Page 75 ends

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 80,998.58
February 2023 79,760.25
March 2023
April 20203
May 2023
June 2023
$ 557,358.19
Interest by Month
Town of Los Gatos
Statement of Interest Earned
February 28, 2023

Page 4 ends

Town of Los Gatos Investment Schedule
February 28, 2023
Market 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 1,000,000.00 995,390.63 969,921.88 (25,468.75) 10/15/2023 0.33% $ 1,615.44 $ 3,260.06 $ 2,170.40 229 Toyota Motor Credit 89236THA6_1 Corporate Bond 1.35% 04/12/21 500,000.00 510,580.00 490,708.07 (19,871.93) 8/25/2023 0.45% $ 12,618.75 $ 2,780.30 $ 1,521.65 178 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 1,079,557.74 (27,757.26) 8/25/2023 0.94% $ 16,665.00 $ 4,812.29 $ 6,878.75 178 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 1,066,226.57 (24,449.21) 10/31/2023 0.85% $ 3,281.77 $ 4,286.54 $ 6,200.17 245 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 1,175,859.37 (12,515.63) 7/31/2023 0.75% $ 1,573.37 $ 4,153.18 $ 6,007.27 153 FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 971,047.00 (43,353.00) 2/23/2024 1.90% $ 84,925.83 $ 55,756.94 $ 12,745.94 360 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 1,516,880.11 (81,119.89) 3/28/2024 0.34% $ 9,453.34 $ 9,279.41 $ 3,579.20 394 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 1,938,471.46 (59,528.54) 10/13/2024 0.31% $ 11,153.33 $ 10,396.24 $ 4,061.55 593 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 1,208,631.68 (19,959.32) 10,262.78 6/21/2027 4.19% $ (10,262.78) $ - $ 10,270.67 1574 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 943,702.38 (48,257.62) 1/1/2026 3.04% $ 4,750.00 $ - $ 18,438.04 1038 Home Depot 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 316,394.53 (5,702.35) 6/30/2025 3.16% $ 342.39 $ - $ 5,850.60 853 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 972,185.27 (98,854.73) 5/15/2024 0.71% $ 49,166.67 $ 9,358.41 $ 4,922.28 442 US Treasury 912828R28 US Treasury Note 1.63% 7/2/2019 500,000.00 497,246.09 497,318.20 72.11 4/30/2023 1.77% $ 27,046.54 $ 26,507.80 $ 5,887.93 61 Freddie Mac 3137EAEN5 Gov. Agency Debenture 2.75% 7/19/2019 2,000,000.00 2,072,358.00 1,986,014.16 (86,343.84) 6/19/2023 1.79% $ 187,916.67 $ 107,829.55 $ 24,329.23 111 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 233,203.21 (5,970.99) 162.25 1/11/2027 3.76% $ (162.25) $ - $ 1,028.57 1413 Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 715,843.75 3,278.57 3/31/2026 4.14% $ - $ - $ 12,812.91 1127 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 890,408.41 (10,531.19) 9/30/2025 4.14% $ - $ - $ 15,694.52 945 US Treasury 91282CDA6 Gov. Agency Debenture 0.25% 1/31/2022 1,100,000.00 1,085,222.44 1,069,535.16 (15,687.28) 9/30/2023 1.07% $ 1,820.74 $ 4,781.92 $ 7,746.71 214 US Treasury 91282CAW1 Gov. Agency Debenture 0.25% 7/15/2021 1,200,000.00 1,199,437.50 1,159,687.50 (39,750.00) 11/15/2023 0.27% $ 4,002.72 $ 3,107.52 $ 2,157.50 260 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 962,700.77 (49,709.24) 6/27/2024 2.12% $ 84,733.34 $ 55,189.68 $ 14,176.63 485 JP Morgan Chase 46625HRS1 Gov. Agency Debenture 3.20% 9/23/2022 500,000.00 474,660.00 470,737.89 (3,922.11) 3/15/2026 4.70% $ 3,644.44 $ - $ 10,081.05 1111 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 959,444.59 (55,215.41) 7/15/2024 1.64% $ 73,983.33 $ 51,828.99 $ 13,215.58 503 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 972,222.86 (105,147.14) 5/17/2024 0.44% $ 49,400.00 $ 6,129.72 $ 3,027.48 444 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 1,052,230.04 (53,603.26) 7/2/2024 1.63% $ 62,081.25 $ 48,706.74 $ 11,991.63 490 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 981,378.44 (67,661.56) 1/5/2024 2.12% $ 105,093.75 $ 54,380.13 $ 14,379.08 311 FHLB 3133834G3 Gov. Agency Debenture 2.13% 3/11/2021 1,400,000.00 1,460,522.00 1,389,131.46 (71,390.54) 6/9/2023 0.19% $ 51,897.22 $ 3,664.98 $ 1,870.99 101 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 955,915.28 (63,864.72) 9/10/2024 1.66% $ 60,031.11 $ 45,130.78 $ 11,156.44 560 PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 994,466.33 (39,003.67) 6/25/2023 1.49% $ 36,733.33 $ 5,372.34 $ 9,129.23 117 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 1,079,023.87 (23,928.53) 8/25/2025 3.04% $ 3,187.50 $ 1,902.68 $ 23,117.53 909 Treasury 912828ZL7 Gov. Agency Debenture 0.38% 4/12/2022 1,700,000.00 1,583,927.57 1,548,726.55 (35,201.02) 4/30/2025 2.72% $ 3,504.49 $ 9,611.14 $ 29,563.39 792 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 1,377,857.04 (107,556.96) 2/1/2024 2.39% $ 182,038.89 $ 96,022.89 $ 23,079.68 338 American Honda 02665WDH1 Corporate Bond 1.95% 2/14/2020 600,000.00 603,756.00 596,169.17 (7,586.83) 5/10/2023 1.75% $ 33,995.00 $ 25,034.14 $ 7,016.49 71 Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 976,484.38 (56,448.66) 12/31/2023 0.66% $ 24,456.52 $ 3,924.44 $ 4,477.18 306 Treasury 91282CBE0 2 Gov. Agency Debenture 0.13% 10/7/2021 1,000,000.00 994,768.98 957,539.06 (37,229.92) 1/15/2024 0.36% $ 1,589.67 $ 2,587.41 $ 2,363.68 321 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 951,376.44 (46,233.56) 2/26/2024 0.33% $ 5,000.00 $ 4,416.63 $ 2,194.77 363 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 1,157,753.21 (2,806.19) 12/21/2026 4.15% $ 947.92 $ - $ 12,474.90 1392 Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 978,242.19 (33,632.81) 11/30/2023 1.84% $ 70,833.33 $ 54,014.24 $ 12,324.38 275 Treasury 912828X70 US Treasury Note 2.20% 12/30/2019 1,000,000.00 1,010,589.29 964,609.38 (45,979.91) 4/30/2024 1.75% $ 62,703.30 $ 48,922.73 $ 13,021.06 427 Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 962,343.75 (53,323.66) 5/31/2024 1.64% $ 61,639.34 $ 44,208.50 $ 11,040.77 458 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 940,481.21 (72,389.79) 10/10/2023 0.41% $ 36,924.65 $ 3,232.93 $ 2,718.35 224 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 1,468,834.38 (118,669.37) 12/21/2023 2.12% $ 142,911.46 $ 64,945.24 $ 15,218.60 296 Treasury 91282CBE0 Gov. Agency Debenture 0.13% 9/15/2021 650,000.00 647,615.46 622,400.39 (25,215.07) 1/15/2024 0.28% $ 1,081.87 $ 1,447.14 $ 1,221.02 321 FHLB 3130APJH9 Gov. Agency Debenture 0.75% 1/17/2023 1,000,000.00 907,010.00 890,176.31 (16,833.69) 1,645.83 10/28/2026 4.17% $ (1,645.83) $ - $ 3,693.14 1338 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 1,677,975.14 (28,756.86) 6,044.44 1/6/2028 3.91% $ (6,044.44) $ - $ 3,650.94 1773 Subtotal $ 46,886,000.00 $ 46,932,897.91 $ 45,089,816.58 $ (1,843,081.33) $ 18,115.30 $ 1,556,628.97 $ 876,983.63 $ 408,507.88 BNY MM Money Market 93,101.80 93,101.80 0.00 0.00% 1
LAIF State Investment Pool 6,978,204.02 6,848,334.47 (129,869.55) 2.62% 90,276.62 1 $54,004,203.73 $52,031,252.85 ($1,972,950.88) $18,115.30 $ 1,556,628.97 $ 876,983.63 $ 498,784.50 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 $ 12,196.31 FFCB 3133EKVF0 Gov. Agency Debenture 1.88% 7/22/2019 1,000,000.00 999,630.00 1/17/2023 1.89% $ 65,364.58 $ 55,482.90 $ 10,383.67 Freddie Mac 3133EKKT2 Gov. Agency Debenture 2.25% 6/24/2019 1,550,000.00 1,573,188.00 2/8/2023 1.82% $ 135,043.75 $ 86,008.42 $ 17,404.61 Total Investments "Matured" $ 58,573.69
Total Interest FY 22_23 Matured and Current $ 557,358.19 Maturity Profile Amount
l $ 30,749,685.49
1-2 years $11,923,350.01
2-3 years $4,901,876.45
3-5 years $ 6,429,291.78
$54,004,203.73

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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 (15,498) - - - - 11,055,733 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 - (45,123) 3,599,707 (3,991,600) - - (437,017) General Fund Total 26,896,789 (60,621) 3,599,707 (3,991,600) - - 26,444,274 February 2023 Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-Jan
Estimated Fund
Balance
2/28/2023*

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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 82,360 29,996 (17,143) - - 546,771 231-236 Landscape & Lighting Districts 174,236 15,882 - (5,986) - - 184,131 241 ARPA - 3,614,872 - - - - 3,614,872
251 Los Gatos Theatre 19,500 11,430 - (15,064) - - 15,865 711-714 Library Trusts 555,254 13,135 - (2,354) - - 566,035 Special Revenue Total 1,367,202 3,737,678 29,996 (40,547) - - 5,094,329

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 14,783,787 505,269 166,096 (539,364) - - 14,915,788 421 Grant Funded Projects (948,603) 292,557 310,058 (48,922) - - (394,909) 461-463 Storm Basin Projects 3,218,811 74,320 7,468 - - - 3,300,599 471 Traffic Mitigation Projects 405,570 - - - - - 405,570 472 Utility Undergrounding Projects 3,302,514 61,503 1,823 - - - 3,365,840 481 Gas Tax Projects 1,836,068 (844,612) 61,465 - - - 1,052,921 Capital Projects Total 22,598,147 89,037 546,910 (588,286) - - 22,645,808

INTERNAL SERVICE FUNDS
611 Town General Liability 803,292 (547,818) - (5,792) - - 249,681 612 Workers Compensation 1,295,185 (150,548) 45,086 (51,550) - - 1,138,172 621 Information Technology 2,990,932 (28,300) 9,208 (22,404) - - 2,949,436 631 Vehicle & Equipment Replacement 2,222,395 26,822 - (31,262) - - 2,217,955 633 Facility Maintenance 928,481 (16,008) 8,823 (180,196) - - 741,099 Internal Service Funds Total 8,240,285 (715,852) 63,116 (291,206) - - 7,296,343 Trust/Agency
942 RDA Successor Agency (7,607,527) (1,634,922) - (141) - - (9,242,590) Trust/Agency Fund Total (7,607,527) (1,634,922) - (141) - - (9,242,590) Total Town 51,494,896 1,415,320 4,239,729 (4,911,779) - - 52,238,165 * 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 $933,628 111-23521 BMP Housing deposit account balance $3,698,538 Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
July-Jan
February 2023 Estimated Fund
Balance
2/28/2023*

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Security Description Maturity Date Par/Shares Moody Rating S&P Rating Insight ESG Rating Environment Social Governance 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 4 3 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 8/25/2023 $ 1,600,000 A1 A+ 3 2 3 4 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 3 4 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 2/5/2024 $ 1,000,000 A2 A+ 4 3 4 4 IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A3 A- 3 1 2 5 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A2 A 4 4 3 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 4 4 5 4 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A2 A 2 2 2 2 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR2026) 6/15/2026 $ 500,000 A1 A- 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN2027) 9/12/2027 $ 1,300,000 Aaa AA+ 4 1 4 5 Total/Average $ 13,350,000 3.0 2.1 3.2 3.7
*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 February 28, 2023

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PREPARED BY: Jim Harbin
Superintendent, Parks and Public Works
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: 04/18/2023
ITEM NO: 8
DATE: April 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize a Revenue and Expenditure Budget Adjustment in the amount of $750,000 from Available American Rescue Plan Act Proceeds to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130).

RECOMMENDATION:

Authorize a revenue and expenditure budget adjustment in the amount of $750,000 from available American Rescue Plan Act proceeds to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130).

BACKGROUND:

On March 21, 2023, Council received a report on Roadside Fire Fuel Reduction as part of the Town’s Vegetation Management Plan and was asked to provide feedback on the 2023 Capital Improvement Program. Council passed a motion to move the Eucalyptus trees on Overlook Road up to a priority one status and to allocate $750,000 in Fiscal Year 2022/23 to match a federal grant from the U.S. Forest Service.

DISCUSSION:

This action will allow work to proceed beginning this summer to remove the Eucalyptus trees on Overlook Road and continue work on Priority 1 and 2 roadways as identified in the Roadway Vegetation Management Plan.

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PAGE 2 OF 2
SUBJECT: Authorize a Revenue and Expenditure Budget Adjustment of $750,000 DATE: April 6, 2023
CONCLUSION:

Authorize a revenue and expenditure budget adjustment in the amount of $750,000 from available American Rescue Plan Act proceeds to the Roadside Fire Fuel Reduction Project (CIP No. 812-0130).

COORDINATION:

This report was coordinated with the Finance Director.

FISCAL IMPACT:

Approval of these budget adjustments allows the Town to receive the full grant funding of $750,000 on a reimbursement basis.

ENVIRONMENTAL ASSESSMENT:

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

Budget
GFAR $ 1,075,000
Transfer from Available American Rescue Plan Act proceeds (Requested with this Staff Report) $ 750,000 Grant Funding - US Forest Service (requires a one-to-one Town match) $ 750,000 Total Budget $ 2,575,000
Costs
Prior Project Expenses $ 999,809
Total Costs $ 999,809
Available Balance $ 1,575,191
Roadside Fire Fuel Reduction Project
CIP No. 812-0130

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PREPARED BY: Heather St. John
Senior Administrative Analyst
Reviewed by: Town Manager, Police Chief, 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: 04/18/2022
ITEM NO: 9
DATE: March 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments in the Amount of $28,000 to Recognize Receipt and Expenditure of Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Funds RECOMMENDATION:

Authorize revenue and expenditure budget adjustments in the amount of $28,000 to recognize receipt and expenditure of Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant funds.

BACKGROUND:

The Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provided $50 million for city and county law enforcement agencies in California for the purpose of improving Officer wellness and expanding mental health resources for Officers. As a part of the grant distribution, the Los Gatos-Monte Sereno Police Department (Police Department) received $28,000 from the Board of State and Community Corrections (BSCC) to support and promote Officer Wellness and Mental Health initiatives.

Grant program funding is intended to be used by the Police Department for the following purposes in compliance with grant regulations:
 Establishing or expanding wellness options to individual Officer as well as creating Officer Wellness Units;
 Establishing or expanding Departmental Peer Support Units and program needs; and  Expanding multi-agency and mutual aid programs focused on Officer wellness and mental health support.

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PAGE 2 OF 2
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments in the Amount of $28,000 to Recognize Receipt and Expenditure of Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant funds.

DATE: March 22, 2023
FISCAL IMPACT:

The receipt of BSCC grant funds will support and promote the Officer Wellness and Mental Health initiative. Approval of this action will allow for the necessary budgetary actions to receive and expense the funds.

ENVIRONMENTAL ASSESSMENT:

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

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 10
DATE: April 13, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Stephenie Lane No. 4, Approximately 0.53 Acres on Property Pre-Zoned R-1:8. APN 523-25-034. Exempt Pursuant to CEQA Guidelines Section 15061(b)(3): Common Sense Exemption.

Annexation Application AN22-003. Project Location: 15974 Stephenie Lane.

Property Owner/Applicant: Ron and Daphne Watson.

RECOMMENDATION:

Adopt a resolution (Attachment 1) to set a date for consideration of the reorganization of an uninhabited area designated as Stephenie Lane No. 4, approximately 0.53 acres, located at 15974 Stephenie Lane (APN 523-25-034).

BACKGROUND:

The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify.

The subject property is contiguous to a Town boundary, and is within 300 feet of a Town boundary. Annexation has been requested in conjunction with a proposal to demolish an existing single-family residence and construct a new single-family residence on the property.

The total annexation area (0.53 acres) does not include any County street right-of-way.

Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives cities in Santa Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).

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PAGE 2 OF 2
SUBJECT: Stephenie Lane No. 4/AN22-003
DATE: April 13, 2023
DISCUSSION:

The Town has received a petition requesting annexation to the Town of Los Gatos from Ron and Daphne Watson, owners of the property at 15974 Stephenie Lane. The property is located on the east side of Stephenie Lane in an unincorporated County pocket.

The property is in the Town's Urban Service Area, is within 300 feet of a Town boundary, and is pre-zoned R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce the size of an existing County pocket. Santa Clara County Planning and the County Library Service Area have been notified in writing of the annexation request. This agenda item, if approved, would set the date for consideration of the annexation application for May 2, 2023.

COORDINATION:

The preparation of this report was coordinated with the Santa Clara County Library District, Santa Clara County Infrastructure Development Division, LAFCO, Santa Clara County Assessor, Santa Clara County Surveyor, and the Santa Clara County Planning Division.

FISCAL IMPACT:

Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes.

ENVIRONMENTAL ASSESSMENT:

The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed.

Attachments:

1. Resolution (includes Exhibit A - Description and Exhibit B - Map)

2. Location Map

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ATTACHMENT 1
1 of 3
Resolution 2023- DATE
DRAFT RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION

OF AN UNINHABITED TERRITORY DESIGNATED AS
STEPHENIE LANE NO. 4
APN: 523-25-034
APPROXIMATELY 0.53 ACRES
ANNEXATION APPLICATION: AN22-003
PROPERTY LOCATION: 15974 STEPHENIE LANE
PROPERTY OWNER/APPLICANT: RON AND DAPHNE WATSON
WHEREAS, the Town Council of the Town of Los Gatos has received a request from Ron and Daphne Watson for annexation of territory designated as Stephenie No. 4; and WHEREAS, the property, approximately 0.53 acres and includes no County street rightof-way located at 15974 Stephenie Lane, APN: 523-25-034, is within 300 feet of a Town boundary and within the Town’s Urban Service Area; and
WHEREAS, the following special district would be affected by the proposal: Santa Clara County Library Service Area; and
WHEREAS, the annexation would provide for use of Town services; and WHEREAS, the Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (single-family residential, 8,000 square foot minimum lot size) zoning designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the description and

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ATTACHMENT 1
2 of 3
Resolution 2023- DATE
map (Exhibit A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with the Local Agency Formation Commission’s road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and
WHEREAS, Government Code Section 56662(a) provides that if a petition for annexation is signed by all owners of land within the affected territory, the Town Council may approve or disapprove the annexation without a public hearing.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as Stephenie No. 4 at its regular meeting on May 2, 2023.

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ATTACHMENT 1
3 of 3
Resolution 2023- DATE
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18
th day of April 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: ___________________

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ATTACHMENT 1
4 of 3
Resolution 2023- DATE
This Page
Intentionally
Left Blank

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EXHIBIT “A”
STEPHENIE LANE NO. 4

ANNEXATION TO THE TOWN OF LOS GATOS

GEOGRAPHIC DESCRIPTION
All that certain real property, situate in portion of Rancho Rinconada De Los Gatos, lying in the County of Santa Clara, State of California, described as follows:

Beginning at the angle point on the most westerly line of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Linda Avenue No. 2”, said point being S. 22°00’00” E., 21.39 feet from the northwesterly corner of the Lands of Meyer, as shown upon said annexation; thence along the most westerly line of said Annexation and its southwesterly extension (1) S. 12°45’00” E., 35.05 feet to the westerly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Linda Avenue No. 4”; thence (2) S. 12°45’00” E., 56.70 feet to the southerly corner of said; thence leaving said annexation (3) S. 12°45’00” E., 8.21 feet to an angle point; thence (4) S. 68°28’00” W., 232.64 feet to a point on the southwesterly line of that certain 12.217 Acre Parcel of Land conveyed by Leo Baumgartner, ET UX, to Bend Chiro by deed recorded March 23, 1923, in the Office of the County Recorder of Santa Clara County, in Book 20 of Official Records, at page 45, said point also being the northeasterly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Stephanie Lane No. 1”; thence along said southwesterly line
(5) N. 12°45’00” W., 50.00 feet to the southeasterly corner of the Annexation to the Town of Los Gatos, as defined by the Annexation titled “Stephenie Lane No. 2”; thence along the easterly line of said Annexation
(6) N. 12°45’00” W., 50.00 feet to the most southerly corner of that certain Parcel of Land conveyed by Corrine Chiro, ET VIR to Daniel T. Fisk, ET UX, by deed dated June 9, 1939, recorded July 11, 1939, in Book 936 of Official Records, at page 598, said corner also being the northeasterly corner of said Annexation titled “Stephenie Lane No. 2”; thence, along the southeasterly line of said Parcel of Land
(7) N. 68°28’00” E., 232.64 feet, to the Point of beginning and containing 0.528 acre, more or less
For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.

Date: 1/31/2023

EXHIBIT A

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EXHIBIT B

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Los
Gatos
LOMA
VISTA
AVE

ROCHIN TER

OLEANDER AVE

BLOSSOM HILL RD

LONGWOOD
D
R

OLD BLOSSOM HILL RD

ROCHIN CT

STEPHENIE LN

SHORT RD
W

NI TERBROOK RD

ESCOBAR AVE

LILAC LN

LINDA AVE
ATWOOD
C
T

COSTANCES
CT
CAM
NI O
D

EL CERRO

LINDA AVE

MARY WAY

JASMINE WAY

LU RAY DR
¯
0 100
Feet
·|}þ17
·|}þ85
MONTE
SERENO

CAMPBELL
LOS
GATOS
SAN
JOSE
Prepared for the Office of the County Surveyor
February 07, 2023
August Hanks, County Surveyor

EXHIBIT A
Stephenie Lane No. 4

0.528 acres +/-
County of Santa Clara
Department of Planning and Development
County Government Center, East Wing
70 West Hedding St., 7th Floor
San Jose, California 95110
Stephenie Lane No. 4
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 2

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This Page
Intentionally
Left Blank

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 11
DATE: April 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Annual Street Repair and Resurfacing Project (CIP No. 811-9901):
a. Award and Execute a Construction Agreement with Pavement Coating Company in an Amount Not to Exceed $3,341,090; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Fifteen Percent of the Contract Award Amount
RECOMMENDATION:

Staff recommends that the Town Council authorize the following actions for the Annual Street Repair and Resurfacing Project (CIP No. 811-9901) for Fiscal Year (FY) 2022/23:
a. Award and execute a construction agreement with Pavement Coatings Company (Attachment 1) in an amount not to exceed $3,341,090; and b. Authorize staff to execute change orders in an amount not to exceed fifteen percent of the contract award amount.

BACKGROUND:

The adopted Five-Year 2023-2027 Capital Improvement Program (CIP) Budget designates funding for the Town’s Annual Street Repair and Resurfacing Project (CIP No. 811-9901).

This is an annual project for street rehabilitation activities throughout the Town to enhance safety for all travel modes and maintain the roadway infrastructure. It is important for the Town to perform annual street maintenance projects to maintain the Town’s roadways and prevent street pavement from deteriorating to more extensive and costly repair conditions. For the FY 2022/23 Street Repair and Resurfacing Project, the focus is on preventive maintenance through rubber cape seal, slurry seal, and crack seal treatments.

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PAGE 2 OF 3
SUBJECT: Annual Street Repair and Resurfacing Project (CIP No. 811-9901) DATE: April 18, 2023
DISCUSSION:

The project scope was broken into three parts to provide flexibility when seeking award. The project construction contract was advertised for bid on Friday, March 10, 2023. On March 29, 2023, bid packages from two submitting contractors, Pavement Coatings Co. and O’Grady Paving, Inc. were opened (Attachment 2). The bids includes estimates for the add alternates as detailed in Attachment 2. The lowest bidder, Pavement Coatings, submitted a total bid inclusive of both additive alternatives within two percent of the engineer’s estimate for the sum of 3,341,090. The engineer’s estimate for the work was $3,278,522.

Staff recommends applying a 15 percent contingency to this construction contract in leu of the Town’s standard 10 percent to allow for additional unforeseen circumstances as a result of this past rainy season.

CONTRACTOR Base Bid Add. Alt. 1 Add. Alt. 2 Total Bid
Amount
Pavement Coatings Co. $2,825,715 $285,723 $229,652 $3,341,090 O’Grady Paving, Inc. $2,939,382 $242,821 $209,795 $3,391,998 CONCLUSION:

Staff recommends awarding and executing an agreement with Pavement Coatings Co. for $3,341,090 and authorize staff to execute change orders in an amount not to exceed fifteen percent of the contract award amount.

COORDINATION:

This project has been coordinated with the Finance Department and Town Attorney’s Office.

FISCAL IMPACT:

There are sufficient funds in the FY 2022/23 – 2026/27 CIP budget for this year’s Street Repair and Resurfacing Project (CIP No. 811-9901).

Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of projects, recovery of costs from grant funded projects, and identification of future staffing needs. This project utilizes a combination of full-time budgeted staff and temporary staff that support fluctuating workloads. The costs for temporary staff will be directly associated with this project while full-time staff are accounted for in the department’s operating budget.

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PAGE 3 OF 3
SUBJECT: Annual Street Repair and Resurfacing Project (CIP No. 811-9901) DATE: April 18, 2023
FISCAL IMPACT (continued):

Available project balance funds would be applied or are carried forward to future Street Repair and Resurfacing Projects.

ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is Categorically Exempt (Section 15301(c)). A Notice of Exemption has been filed.

Attachments:

1. Construction Agreement

2. Bid Summary
Budget Costs
GFAR $ 3,273,267
Gas Tax $ 1,476,257
Vehicle License Fee - 2010 Measure B Funding $ 180,000
Total Budget $ 4,929,524
FY2022/23 Street Repair and Resurfacing Construction Bid $ 3,341,090 15% Contingency $ 501,164
Cost Share - City of San Jose (Approved on 12/5/22) $ 734,099 Material Testing $ 25,000
Temporary Staff Costs $ 30,000
Total Expenditures $ 4,631,353
Remaining Budget $ 298,172
FY 2022/23 Street Repair and Resurfacing Project
CIP No. 811-9901

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1

CONSTRUCTION AGREEMENT
This Agreement is dated for identification this 18th day of April and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and Pavement Coatings Co., identified as an S Corporation and whose address is 10240 San Sevaine Way, Jurupa Valley, CA 91752 (hereinafter "CONTRACTOR").

NOW, THEREFORE, the parties agree:

ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.

That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled:
"Plans and Specifications for the #22-811-9901 FY 2022/23 Annual Street Repair and Resurfacing”
which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract.

ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit “A” $3,341,090.18, which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to Contractors which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed fifty (50) working days from Notice to Proceed.

ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto.

ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist.

Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.

ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN.

ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith.

ARTICLE X: INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless the TOWN, its elected and appointed officials, employees, and agents (“Indemnified Parties”), from and against any claims, allegations, damages, awards, judgments, and expenses of every kind or character, including, but not limited to, attorney fees and expert costs, which may arise out of or result from in whole or in part CONTRACTOR’s performance of the work, except to the extent caused by the sole negligence or willful misconduct of Indemnified Parties.

CONTRACTOR’s obligation to defend Indemnified Parties shall be immediate upon written notice by TOWN to CONTRACTOR and CONTRACTOR shall, if requested by TOWN, defend Indemnified Parties using counsel approved by TOWN in its sole discretion.

ARTICLE XI: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:

CONTRACTOR shall obtain and maintain Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000) and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
b. Workers' Compensation Insurance:

CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident.

CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.

In addition, during the term of any work for TOWN under said agreement:
(1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project.
e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its elected and appointed officials, employees, and agents are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its elected and appointed, officials, employees, and agents shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
(4) In the event CONTRACTOR employs subcontractors as part of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract.

TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance.

ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required $3,341,090.18 upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register.

Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship.

ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a two (2) year period subsequent to the date of final acceptance.

This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable.

ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County.

ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond fifty (50) working days from Notice to Proceed, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of Ten Thousand Dollars ($10,000) per day in liquidated damages for each and every calendar day such delay in completion of the services under this Agreement continues beyond fifty (50) working days from Notice to Proceed. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement.

ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.

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

This include service and warranty work on public buildings and structures.

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

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

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

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1

4. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

5. In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations.

Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.

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

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

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

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

ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
(whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.

ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure.

ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to:

Pavement Coatings Co.
10240 San Sevaine Way
Jurupa Valley, CA 91752
or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN.

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

Nicolle Burnham
Parks and Public Works Director

TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR.

ARTICLE XXIV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference.

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Construction Agreement
Pavement Coatings Co. ATTACHMENT 1
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above.

APPROVED AS TO CONTENT:

Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney
"TOWN":

TOWN OF LOS GATOS
By:

Laurel Prevetti
Town Manager
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
CONTRACTOR:

Name:
___________________________________
Address: ___________________________
___________________________________
Tax ID No. or SSAN:

By: Pavement Coatings Co.

Title: _______________________________
By:

Title:

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ITEM
NO
ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENSION

1. Traffic Control L.S. 1 $302,360.53 $302,360.53

2. Changeable Message Board Signs Ea. 4 $3,207.26 $12,829.04

3. Adjust Storm Manhole to Grade Ea. 88 $973.63 $85,679.44

4. Adjust Sanitary Sewer Manhole to Grade Ea. 88 $973.63 $85,679.44

5. Adjust Survey Monument Cover to Grade Ea. 88 $801.82 $70,560.16

6. Adjust Water Valve Cover to Grade Ea. 88 $744.54 $65,519.52

7. Adjust Gas Valve to Grade Ea. 5 $744.54 $3,722.70

8. Adjust Water Meter Box to Grade Ea. 3 $744.54 $2,233.62

9. Adjust Detector Cover to Grade (Revocable) Ea. 1 $744.54 $744.54

10. Adjust Vault to Grade (Revocable) Ea. 1 $2,863.63 $2,863.63

11. Adjust Telephone Manhole to Grade (Revocable) Ea. 1 $1,718.17 $1,718.17

12. Replace Existing Grate with New Reticuline Grate Ea. 8 $5,727.25 $45,818.00

13. Remove and Replace HMA Ring (2" Depth)- Manhole Ea. 10 $343.63 $3,436.30

14. Remove and Replace HMA Ring (2" Depth)-
Monument
Ea. 10 $286.37 $2,863.70

15. Hot Mix Asphalt Leveling Course Ton 2,000 $223.36 $446,720.00

16. 4" Depth Digouts S.F. 35,000 $8.02 $280,700.00

17. Asphalt Crack Sealing L.S. 1 $98,826.23 $98,826.23

18. Asphalt Rubber Cape Seal S.Y. 82,000 $8.19 $671,580.00

19. Slurry Seal (Black Aggregate) S.Y. 70,000 $2.92 $204,400.00

20. 4' Wedge Grind L.F. 2,500 $4.58 $11,450.00

21. Pavement Marker and Striping Removal L.S. 1 $57,272.53 $57,272.53

22. Detail 1 Striping-Thermoplastic L.F. 1,420 $1.20 $1,704.00

23. Detail 9 Striping-Thermoplastic L.F. 300 $1.26 $378.00

24. Detail 22 Striping-Thermoplastic L.F. 2,600 $2.86 $7,436.00

25. Detail 25 Striping-Thermoplastic L.F. 1,970 $1.43 $2,817.10 BASE BID: Pavement Coatings

EXHIBIT A

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26. Detail 27B Striping-Thermoplastic L.F. 3,900 $1.37 $5,343.00

27. Detail 29 Striping-Thermoplastic L.F. 130 $5.73 $744.90

28. Detail 32 Striping-Thermoplastic L.F. 1,110 $5.38 $5,971.80

29. Detail 38 Striping-Thermoplastic L.F. 450 $2.00 $900.00

30. Detail 38A Striping-Thermoplastic L.F. 130 $1.72 $223.60

31. Detail 39 Striping-Thermoplastic L.F. 5,780 $1.37 $7,918.60

32. Detail 39A Striping-Thermoplastic L.F. 3,490 $1.37 $4,781.30

33. 12" Limit Line (Stop Line) (White)- Thermoplastic L.F. 2,600 $9.16 $23,816.00

34. 12" Line (Yellow)-Thermoplastic L.F. 170 $9.16 $1,557.20

35. Yield Line-TLG Std. TR-B-Thermoplastic (Revocable) L.F. 20 $9.16 $183.20

36. Crosswalk (White)-Thermoplastic L.F. 800 $18.90 $15,120.00

37. Crosswalk-TLG Std. TR-I (Yellow)- Thermoplastic L.F. 850 $77.89 $66,206.50

38. 4" Hatch (Yellow)-Thermoplastic L.F. 60 $3.44 $206.40

39. STOP Legend-Thermoplastic Ea. 49 $226.80 $11,113.20

40. SLOW Legend-Thermoplastic Ea. 2 $237.11 $474.22

41. SCHOOL Legend-Thermoplastic Ea. 2 $360.82 $721.64

42. XING Legend-Thermoplastic Ea. 3 $216.49 $649.47

43. PED Legend-Thermoplastic Ea. 1 $185.57 $185.57

44. 20 Legend-Thermoplastic Ea. 1 $183.28 $183.28

45. 25 Legend-Thermoplastic Ea. 15 $183.28 $2,749.20

46. Speed Hump Marking-TLG Std. TR-J- Thermoplastic Ea. 5 $2,092.74 $10,463.70

47. Type I Arrow-Thermoplastic Ea. 2 $154.64 $309.28

48. Type IV (L) Arrow-Thermoplastic Ea. 8 $154.64 $1,237.12

49. Type IV (R) Arrow-Thermoplastic Ea. 10 $154.64 $1,546.40

50. Type VI Arrow (R)-Thermoplastic Ea. 3 $432.99 $1,298.97

51. Type VII (L) Arrow-Thermoplastic Ea. 1 $463.90 $463.90

52. Shared Roadway Bicycle Marking-TLG Std. TR-GThermoplastic (Revocable)Ea. 2 $240.54 $481.08

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53. On-Street Parking "T"-TLG Std. TR-L- Thermoplastic Ea. 60 $85.91 $5,154.60

54. Red Curb L.F. 1,200 $6.87 $8,244.00

55. Blue Reflective Pavement Marker (Revocable) Ea. 75 $40.09 $3,006.75

56. Green Back Bike Lane Symbol with Arrow LegendTLG Std. TR-A-ThermoplasticEa. 30 $1,431.81 $42,954.30

57. Green Bike Lane-Thermoplastic L.F. 920 $45.82 $42,154.40

58. Dashed Green Bike Lane-Thermoplastic L.F. 1,350 $51.55 $69,592.50

59. Install Flexible Post Ea. 50 $332.18 $16,609.00

60. Install New Sign and New Post Ea. 3 $486.82 $1,460.46

61. Install New Sign on Existing Post Ea. 4 $372.27 $1,489.08

62. Salvage Sign From Roadside Post/Pole Ea. 3 $229.09 $687.27

63. Remove Sign Post Ea. 1 $200.45 $200.45
BASE BID TOTAL $2,825,714.99
ITEM
NO
ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENSION
A1.1. Adjust Storm Manhole to Grade Ea. 13 $973.63 $12,657.19 A1.2. Adjust Sanitary Sewer Manhole to Grade Ea. 13 $973.63 $12,657.19 A1.3. Adjust Survey Monument Cover to Grade Ea. 13 $801.82 $10,423.66 A1.4. Adjust Water Valve Cover to Grade Ea. 13 $744.54 $9,679.02 A1.5. Hot Mix Asphalt Leveling Course Ton 325 $229.09 $74,454.25 A1.6. 4" Depth Digouts S.F. 2,000 $8.02 $16,040.00
A1.7. Asphalt Rubber Cape Seal S.Y. 17,000 $8.19 $139,230.00 A1.8. 4' Wedge Grind L.F. 2,100 $4.58 $9,618.00
A1.9. Detail 22 Striping - Thermoplastic L.F. 56 $2.86 $160.16 A1.10. 12" Limit Line (Stop Line) (White) - Thermoplastic L.F. 28 $9.16 $256.48 A1.11. STOP Legend - Thermoplastic Ea. 1 $226.80 $226.80 A1.12. Blue Reflective Pavement Marker (Revocable) Ea. 8 $40.09 $320.72 ADD. ALTERNATE 1: Pavement Coatings

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ADD. ALT. 1
TOTAL
$285,723.47
ITEM
NO
ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

EXTENSION
A2.1. Adjust Storm Manhole to Grade Ea. 5 $973.63 $4,868.15 A2.2. Adjust Sanitary Sewer Manhole to Grade Ea. 5 $973.63 $4,868.15 A2.3. Adjust Survey Monument Cover to Grade Ea. 5 $801.82 $4,009.10 A2.4. Adjust Water Valve Cover to Grade Ea. 5 $744.54 $3,722.70 A2.5. Adjust Gas Valve to Grade (Revocable) Ea. 1 $801.82 $801.82 A2.6. Hot Mix Asphalt Leveling Course Ton 100 $229.09 $22,909.00 A2.7. 4" Depth Digouts S.F. 2,200 $8.02 $17,644.00
A2.8. Asphalt Rubber Cape Seal S.Y. 16,000 $8.19 $131,040.00 A2.9. Slurry Seal (Black Aggregate) S.Y. 12,500 $2.28 $28,500.00 A2.10. 4' Wedge Grind L.F. 500 $4.58 $2,290.00
A2.11. Detail 22 Striping - Thermoplastic L.F. 166 $2.86 $474.76 A2.12. Detail 27B Striping - Thermoplastic L.F. 22 $1.37 $30.14 A2.13. 12" Limit Line (Stop Line) (White) - Thermoplastic L.F. 200 $9.16 $1,832.00 A2.14. Crosswalk-TLG Std. TR-I (Yellow) - Thermoplastic L.F. 60 $77.89 $4,673.40 A2.15. STOP Legend - Thermoplastic Ea. 7 $226.80 $1,587.60 A2.16. Blue Reflective Pavement Marker (Revocable) Ea. 10 $40.09 $400.90 ADD. ALT. 2
TOTAL
$229,651.72
GRAND TOTAL $3,341,090.18
This certifies that all bids were received and opened on March 29, 2023 and that this is a copy of the bid tabulation with bids corrected for e ADD. ALTERNATE 2: Pavement Coatings

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ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION

1. Traffic Control L.S. 1 $302,360.53 $302,360.53 $550,000.00 $550,000.002. Changeable Message Board Signs Ea. 4 $3,207.26 $12,829.04 $5,000.00 $20,000.003. Adjust Storm Manhole to Grade Ea. 88 $973.63 $85,679.44 $1,000.00 $88,000.004. Adjust Sanitary Sewer Manhole to Grade Ea. 88 $973.63 $85,679.44 $1,000.00 $88,000.005. Adjust Survey Monument Cover to Grade Ea. 88 $801.82 $70,560.16 $500.00 $44,000.006. Adjust Water Valve Cover to Grade Ea. 88 $744.54 $65,519.52 $500.00 $44,000.007. Adjust Gas Valve to Grade Ea. 5 $744.54 $3,722.70 $500.00 $2,500.008. Adjust Water Meter Box to Grade Ea. 3 $744.54 $2,233.62 $500.00 $1,500.009. Adjust Detector Cover to Grade (Revocable) Ea. 1 $744.54 $744.54 $500.00 $500.00

10. Adjust Vault to Grade (Revocable) Ea. 1 $2,863.63 $2,863.63 $2,500.00 $2,500.0011. Adjust Telephone Manhole to Grade (Revocable) Ea. 1 $1,718.17 $1,718.17 $2,500.00 $2,500.0012. Replace Existing Grate with New Reticuline Grate Ea. 8 $5,727.25 $45,818.00 $1,200.00 $9,600.00

13. Remove and Replace HMA Ring (2" Depth)- Manhole Ea. 10 $343.63 $3,436.30 $500.00 $5,000.00

14. Remove and Replace HMA Ring (2" Depth)- Monument Ea. 10 $286.37 $2,863.70 $500.00 $5,000.00

15. Hot Mix Asphalt Leveling Course Ton 2,000 $223.36 $446,720.00 $215.00 $430,000.0016. 4" Depth Digouts S.F. 35,000 $8.02 $280,700.00 $8.25 $288,750.00

17. Asphalt Crack Sealing L.S. 1 $98,826.23 $98,826.23 $150,000.00 $150,000.0018. Asphalt Rubber Cape Seal S.Y. 82,000 $8.19 $671,580.00 $5.00 $410,000.00

19. Slurry Seal (Black Aggregate) S.Y. 70,000 $2.92 $204,400.00 $5.00 $350,000.00

20. 4' Wedge Grind L.F. 2,500 $4.58 $11,450.00 $15.00 $37,500.00

21. Pavement Marker and Striping Removal L.S. 1 $57,272.53 $57,272.53 $55,000.00 $55,000.0022. Detail 1 Striping-Thermoplastic L.F. 1,420 $1.20 $1,704.00 $1.15 $1,633.00

23. Detail 9 Striping-Thermoplastic L.F. 300 $1.26 $378.00 $1.20 $360.00 Pavement Coatings O’Grady Paving

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Town of Los Gatos Parks and Public Works Department
#22-811-9901 FY 2022/23 Annual Street Repair and Resurfacing Certified Bid Tabulation Bid Opening: March 29, 2023 at 2:00 P.M. at the Civic Center

24. Detail 22 Striping-Thermoplastic L.F. 2,600 $2.86 $7,436.00 $2.75 $7,150.0025. Detail 25 Striping-Thermoplastic L.F. 1,970 $1.43 $2,817.10 $1.40 $2,758.0026. Detail 27B Striping-Thermoplastic L.F. 3,900 $1.37 $5,343.00 $1.30 $5,070.0027. Detail 29 Striping-Thermoplastic L.F. 130 $5.73 $744.90 $6.00 $780.0028. Detail 32 Striping-Thermoplastic L.F. 1,110 $5.38 $5,971.80 $5.00 $5,550.0029. Detail 38 Striping-Thermoplastic L.F. 450 $2.00 $900.00 $2.00 $900.0030. Detail 38A Striping-Thermoplastic L.F. 130 $1.72 $223.60 $2.00 $260.0031. Detail 39 Striping-Thermoplastic L.F. 5,780 $1.37 $7,918.60 $1.30 $7,514.0032. Detail 39A Striping-Thermoplastic L.F. 3,490 $1.37 $4,781.30 $1.30 $4,537.0033. 12" Limit Line (Stop Line) (White)- Thermoplastic L.F. 2,600 $9.16 $23,816.00 $9.00 $23,400.0034. 12" Line (Yellow)-Thermoplastic L.F. 170 $9.16 $1,557.20 $9.00 $1,530.0035. Yield Line-TLG Std. TR-B-Thermoplastic (Revocable) L.F. 20 $9.16 $183.20 $9.00 $180.0036. Crosswalk (White)-Thermoplastic L.F. 800 $18.90 $15,120.00 $20.00 $16,000.0037. Crosswalk-TLG Std. TR-I (Yellow)- Thermoplastic L.F. 850 $77.89 $66,206.50 $70.00 $59,500.0038. 4" Hatch (Yellow)-Thermoplastic L.F. 60 $3.44 $206.40 $4.00 $240.0039. STOP Legend-Thermoplastic Ea. 49 $226.80 $11,113.20 $220.00 $10,780.0040. SLOW Legend-Thermoplastic Ea. 2 $237.11 $474.22 $230.00 $460.0041. SCHOOL Legend-Thermoplastic Ea. 2 $360.82 $721.64 $350.00 $700.0042. XING Legend-Thermoplastic Ea. 3 $216.49 $649.47 $200.00 $600.0043. PED Legend-Thermoplastic Ea. 1 $185.57 $185.57 $200.00 $200.0044. 20 Legend-Thermoplastic Ea. 1 $183.28 $183.28 $200.00 $200.0045. 25 Legend-Thermoplastic Ea. 15 $183.28 $2,749.20 $200.00 $3,000.0046. Speed Hump Marking-TLG Std. TR-J- Thermoplastic Ea. 5 $2,092.74 $10,463.70 $2,000.00 $10,000.0047. Type I Arrow-Thermoplastic Ea. 2 $154.64 $309.28 $150.00 $300.00

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Town of Los Gatos Parks and Public Works Department
#22-811-9901 FY 2022/23 Annual Street Repair and Resurfacing Certified Bid Tabulation Bid Opening: March 29, 2023 at 2:00 P.M. at the Civic Center

48. Type IV (L) Arrow-Thermoplastic Ea. 8 $154.64 $1,237.12 $150.00 $1,200.0049. Type IV (R) Arrow-Thermoplastic Ea. 10 $154.64 $1,546.40 $150.00 $1,500.0050. Type VI Arrow (R)-Thermoplastic Ea. 3 $432.99 $1,298.97 $400.00 $1,200.0051. Type VII (L) Arrow-Thermoplastic Ea. 1 $463.90 $463.90 $500.00 $500.0052. Shared Roadway Bicycle Marking-TLG Std. TR-G-Thermoplastic (Revocable) Ea. 2 $240.54 $481.08 $300.00 $600.0053. On-Street Parking "T"-TLG Std. TR-L- Thermoplastic Ea. 60 $85.91 $5,154.60 $80.00 $4,800.0054. Red Curb L.F. 1,200 $6.87 $8,244.00 $7.00 $8,400.0055. Blue Reflective Pavement Marker (Revocable) Ea. 75 $40.09 $3,006.75 $40.00 $3,000.0056. Green Back Bike Lane Symbol with Arrow Legend-TLG Std. TR-A-Thermoplastic Ea. 30 $1,431.81 $42,954.30 $1,400.00 $42,000.0057. Green Bike Lane-Thermoplastic L.F. 920 $45.82 $42,154.40 $50.00 $46,000.0058. Dashed Green Bike Lane-Thermoplastic L.F. 1,350 $51.55 $69,592.50 $50.00 $67,500.00

59. Install Flexible Post Ea. 50 $332.18 $16,609.00 $300.00 $15,000.0060. Install New Sign and New Post Ea. 3 $486.82 $1,460.46 $500.00 $1,500.0061. Install New Sign on Existing Post Ea. 4 $372.27 $1,489.08 $400.00 $1,600.0062. Salvage Sign From Roadside Post/Pole Ea. 3 $229.09 $687.27 $250.00 $750.0063. Remove Sign Post Ea. 1 $200.45 $200.45 $200.00 $200.00

BASE BID
TOTAL $2,825,714.99 BASE BID TOTAL $2,943,702.00
ADD. ALTERNATE 1:

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION A1.1. Adjust Storm Manhole to Grade Ea. 13 $973.63 $12,657.19 $1,000.00 $13,000.00A1.2. Adjust Sanitary Sewer Manhole to Grade Ea. 13 $973.63 $12,657.19 $1,000.00 $13,000.00A1.3. Adjust Survey Monument Cover to Grade Ea. 13 $801.82 $10,423.66 $500.00 $6,500.00A1.4. Adjust Water Valve Cover to Grade Ea. 13 $744.54 $9,679.02 $500.00 $6,500.00A1.5. Hot Mix Asphalt Leveling Course Ton 325 $229.09 $74,454.25 $215.00 $69,875.00 Pavement Coatings O’Grady Paving

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Town of Los Gatos Parks and Public Works Department
#22-811-9901 FY 2022/23 Annual Street Repair and Resurfacing Certified Bid Tabulation Bid Opening: March 29, 2023 at 2:00 P.M. at the Civic Center A1.6. 4" Depth Digouts S.F. 2,000 $8.02 $16,040.00 $8.25 $16,500.00A1.7. Asphalt Rubber Cape Seal S.Y. 17,000 $8.19 $139,230.00 $5.00 $85,000.00A1.8. 4' Wedge Grind L.F. 2,100 $4.58 $9,618.00 $15.00 $31,500.00A1.9. Detail 22 Striping - Thermoplastic L.F. 56 $2.86 $160.16 $2.75 $154.00 A1.10. 12" Limit Line (Stop Line) (White) - Thermoplastic L.F. 28 $9.16 $256.48 $9.00 $252.00A1.11. STOP Legend - Thermoplastic Ea. 1 $226.80 $226.80 $220.00 $220.00A1.12. Blue Reflective Pavement Marker (Revocable) Ea. 8 $40.09 $320.72 $40.00 $320.00 ADD. ALT. 1
TOTAL $285,723.47 ADD. ALT. 1 TOTAL $242,821.00
ADD. ALTERNATE 2:

ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION A2.1. Adjust Storm Manhole to Grade Ea. 5 $973.63 $4,868.15 $1,000.00 $5,000.00A2.2. Adjust Sanitary Sewer Manhole to Grade Ea. 5 $973.63 $4,868.15 $1,000.00 $5,000.00A2.3. Adjust Survey Monument Cover to Grade Ea. 5 $801.82 $4,009.10 $500.00 $2,500.00A2.4. Adjust Water Valve Cover to Grade Ea. 5 $744.54 $3,722.70 $500.00 $2,500.00A2.5. Adjust Gas Valve to Grade (Revocable) Ea. 1 $801.82 $801.82 $500.00 $500.00 A2.6. Hot Mix Asphalt Leveling Course Ton 100 $229.09 $22,909.00 $215.00 $21,500.00A2.7. 4" Depth Digouts S.F. 2,200 $8.02 $17,644.00 $8.25 $18,150.00A2.8. Asphalt Rubber Cape Seal S.Y. 16,000 $8.19 $131,040.00 $5.00 $80,000.00A2.9. Slurry Seal (Black Aggregate) S.Y. 12,500 $2.28 $28,500.00 $5.00 $62,500.00 A2.10. 4' Wedge Grind L.F. 500 $4.58 $2,290.00 $15.00 $7,500.00A2.11. Detail 22 Striping - Thermoplastic L.F. 166 $2.86 $474.76 $2.75 $456.50A2.12. Detail 27B Striping - Thermoplastic L.F. 22 $1.37 $30.14 $1.30 $28.60A2.13. 12" Limit Line (Stop Line) (White) - Thermoplastic L.F. 200 $9.16 $1,832.00 $9.00 $1,800.00A2.14. Crosswalk-TLG Std. TR-I (Yellow) - Thermoplastic L.F. 60 $77.89 $4,673.40 $70.00 $4,200.00 Pavement Coatings O’Grady Paving

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Town of Los Gatos Parks and Public Works Department
#22-811-9901 FY 2022/23 Annual Street Repair and Resurfacing Certified Bid Tabulation Bid Opening: March 29, 2023 at 2:00 P.M. at the Civic Center A2.15. STOP Legend - Thermoplastic Ea. 7 $226.80 $1,587.60 $220.00 $1,540.00A2.16. Blue Reflective Pavement Marker (Revocable) Ea. 10 $40.09 $400.90 $40.00 $400.00 ADD. ALT. 2
TOTAL $229,651.72 ADD. ALT. 2 TOTAL $213,575.10
GRAND
TOTAL $3,341,090.18 GRAND TOTAL $3,400,098.10
This certifies that all bids were received and opened on March 29, 2023 and that this is a copy of the bid tabulation with bids corrected for errors in addition and multiplication. By: J. Chin, Assistant Engineer

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PREPARED BY: Dan Keller
Facilities and Environmental Services Manager
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: 4/18/2023
ITEM NO: 12
DATE: April 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Americans with Disabilities Act (ADA) Restroom at the Adult Recreation Center (CIP No. 821-2601):
a. Reject All Bids Received and Opened on March 24, 2023 for the Project; and
b. Authorize the Town Manager to Re-Bid the Project with a Revision to a Contractor License Requirement.

RECOMMENDATION:

Approve the following two actions for the Americans with Disabilities Act (ADA) compliant restroom at the Adult Recreation Center (CIP No. 821-2601):
a. Reject all bids received and opened on March 24, 2023 for the project; and b. Authorize the Town Manager to re-bid the project with a revision to a contractor license requirement.

BACKGROUND:

On February 20, 2023, the Town Council authorized the bidding for construction of an ADA compliant public restroom in the Adult Recreation Center located at 208 E. Main St. Staff worked closely with an architect to develop design plans. The project was advertised for bid on March 3, 2023 and bids were opened on March 24, 2023. Two bids were received, one was significantly under and the other was 25% over the Engineer Estimate. The high bidder contested the bid results citing a contractor license error. This error was a conflict with one of multiple listings of the contractor licensing requirements in the bid package. Staff recommends rejecting both bids and re-bidding the project. With the re-bidding, staff would modify the requirement to accept an A or B contractor license in all areas of the bid package.

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PAGE 2 OF 3
SUBJECT: Americans with Disabilities Act (ADA) Public Restroom - Adult Recreation Center Project (CIP No. 821-2601); Reject All Bids and Authorize Re-bidding DATE: April 18, 2023
DISCUSSION:

The project consists of the construction of an ADA compliant public restroom in the Adult Recreation Center. In rebidding the project, the Town continues to have an opportunity to utilize grant funding for the project.

Once authorized by the Town Council to advertise for bid, the following is the anticipated schedule for the project:

Milestones Anticipated Timeline
Advertise the Project for Bid April 20, 2023
Bids Due May 10, 2023
Award and Execute Agreement May 31, 2023
Start Construction June 15, 2023
Anticipated Completion August 18, 2023
CONCLUSION:

This Council action will allow staff to implement the construction of an ADA compliant public restroom in the Adult Recreation Center, which will provide patrons with a needed amenity.

FISCAL IMPACT:

The adopted Fiscal Year (FY) 2022/23-2026/27 Capital Improvement Program (CIP) Budget is sufficient for the construction contract as noted in the table below. Funding sources for the project are noted below. The County of Santa Clara Board of Supervisors Grant funding in the amount of $250,000 was approved specifically for the purpose of adding an ADA compliant restroom in the Adult Recreation Center. Staff intends to utilize all of those grant funds for the project. Funds remaining after the completion of this project (from General Fund Appropriated Reserve and Community Development Block Grant) have the potential to be put towards other Town projects.

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PAGE 3 OF 3
SUBJECT: Americans with Disabilities Act (ADA) Public Restroom - Adult Recreation Center Project (CIP No. 821-2601); Reject All Bids and Authorize Re-bidding DATE: April 18, 2023
FISCAL IMPACT (continued):

ENVIRONMENTAL ASSESSMENT:

This is a project as defined under CEQA but is categorically exempt under Section 15301 (Existing Facilities). A Notice of Exemption will be filed.

Budget
GFAR $ 183,000
Grant Funding - Santa Clara County Board of Supervisors $ 250,000 CDBG Grant Funding $ 218,979
Total Budget $ 651,979
Costs
Prior Consultant Expenses $ 35,000
Construction Contract (including 20% contingency) $ 261,898 Total Costs $ 296,898
Available Balance $ 355,081
Americans with Disabilities Act (ADA) Public Restroom Upgrade - Adult Recreation Center CIP No. 821-2601

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PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Library Director, 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: 04/18/2023
ITEM NO: 13
DATE: April 10, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve an Amendment to the Town Employee Association (TEA) Salary Schedule to Establish a New Classification Title and Salary Range for Librarian II and to Amend the Classification Title of Librarian to Librarian I RECOMMENDATION:

Approve an amendment to the TEA salary schedule (Attachment 1) to establish a new classification title and salary range for Librarian II and to amend the classification title of Librarian to Librarian I.

BACKGROUND:

The Town of Los Gatos Personnel Rules and Regulations (Section 4.4) and the Municipal Code (Section 2.30.925) require that amendments and revisions to the salary schedule/classification plan to be approved by the Town Council. Changes may be presented to Council for approval as part of the formal budget adoption, through the labor negotiations process, or as needed.

DISCUSSION:

Staff is proposing to add the new classifications of Librarian II to the current TEA classification salary schedule. The proposed classification is intended to address roles and responsibilities that have shifted significantly as the Library resumed pre-pandemic levels of public engagement over the past year. Role and responsibility changes for one existing Librarian staff member were reassigned and adapted to leverage skillsets and education for maximum efficiency of the organization; however, this also resulted in that staff member working out of class on a routine basis. The proposed change is for one existing staff and will not result in an additional vacancy or addition to the Town’s current budgeted staffing.

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PAGE 2 OF 2
SUBJECT: Amendment to TEA Salary Schedule
DATE: April 10, 2023
DISCUSSION (continued):

The proposed Librarian II classification would add a classification with duties and responsibilities above that of a Librarian yet below that of a Library Manager on the Librarian Series job description. Staff proposes that this new classification be compensated at TEA Salary Range TE1 - 18 (Step 1 $44.47 hourly through Step 6 $57.32 hourly) and be added as a flexibly staffed classification. The proposed percentage salary spread of the Librarian II classification in relation to the Librarian classification is constant with both neighboring jurisdiction as well as across the State.

Since the new classification title contains a numerical suffix, for consistency staff additionally recommends the that the existing Librarian classification title be amended to Librarian I. This title change has no changes in job duties and no financial impact.

CONCLUSION:

Staff requests a motion to approve the amendment of the TEA salary schedule to establish the new classification title and salary range for Librarian II, and amend the classification title of Librarian to Librarian I.

COORDINATION:

Staff has met and conferred with TEA representatives regarding this proposed amendment and TEA agrees to these modifications.

FISCAL IMPACT:

Proposed amendments are intended to resolve issues with existing staff working out of class and will not result in additional vacancy or addition to the Town’s current budgeted staffing.

The Library Department will absorb the additional salary expenditure for Fiscal Year (FY) 2022/23 through vacancy savings. Additional salary expenditure in FY 2023/24 would be $13,018.88. Due to the timing of this report in relation to the publishing of the Proposed Budget, this change will be amended in the Budget at Mid-Year of FY 2023/24.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Town of Los Gatos Salary Schedule for TEA Classifications effective April 19, 2023, with the proposed changes.

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Town of Los Gatos TEA Classifications
Salary Schedule for Fiscal Year 2022/23
Effective April 19, 2023
Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4310 Account Technician Hourly 08 $36.88 $38.72 $40.66 $42.69 $44.82 $47.64 3580 Administrative Assistant Hourly 04 $30.87 $32.41 $34.03 $35.73 $37.52 $39.98 4620 Assistant Engineer Hourly 25 $49.12 $51.58 $54.16 $56.87 $59.71 $63.28 4420 Assistant Planner Hourly 12 $42.71 $44.85 $47.09 $49.44 $51.91 $55.09 4600 Associate Civil Engineer Hourly 27 $55.88 $58.67 $61.60 $64.68 $67.91 $71.89 4661 Associate Engineering Technician Hourly 14 $43.02 $45.17 $47.43 $49.80 $52.29 $55.48 4400 Associate Planner Hourly 20 $49.70 $52.19 $54.80 $57.54 $60.42 $64.02 4410 Building Inspector Hourly 24 $47.82 $50.21 $52.72 $55.36 $58.13 $61.62 4430 Code Compliance Officer Hourly 10 $42.76 $44.90 $47.15 $49.51 $51.99 $55.17 4530 Communication Dispatcher Hourly 17 $45.31 $47.58 $49.96 $52.46 $55.08 $58.41 4535 Communication Dispatcher Lead Hourly 19 $57.24 $60.10 $63.11 $66.27 $69.58 $73.64 4540 Community Services Officer Hourly 11 $36.36 $38.18 $40.09 $42.09 $44.19 $46.98 4615 Construction Project Manager Hourly 26 $53.61 $56.29 $59.10 $62.06 $65.16 $69.00 4660 Engineering Technician Hourly 13 $39.05 $41.00 $43.05 $45.20 $47.46 $50.41 4705 Environmental Programs Specialist Hourly 08 $36.88 $38.72 $40.66 $42.69 $44.82 $47.64 4200 Events and Marketing Specialist Hourly 06 $32.53 $34.16 $35.87 $37.66 $39.54 $42.10 3501 Executive Assistant Hourly 08 $36.88 $38.72 $40.66 $42.69 $44.82 $47.64 4900 IT Systems Administrator Hourly 23 $53.24 $55.90 $58.70 $61.64 $64.72 $68.54 4915 IT Technician Hourly 07 $39.91 $41.91 $44.01 $46.21 $48.52 $51.53 4810 Librarian I* Hourly 16 $40.81 $42.85 $44.99 $47.24 $49.60 $52.66 4808 Librarian II* Hourly 18 $44.47 $46.69 $49.02 $51.47 $54.04 $57.32 4830 Library Assistant Hourly 03 $30.13 $31.64 $33.22 $34.88 $36.62 $39.03 4807 Library Customer Service Specialist Hourly 01 $28.23 $29.64 $31.12 $32.68 $34.31 $36.61 4805 Library Customer Service Supervisor Hourly 08 $36.88 $38.72 $40.66 $42.69 $44.82 $47.64 4825 Library Specialist Hourly 06 $32.53 $34.16 $35.87 $37.66 $39.54 $42.10 4819 Library Tech Specialist Hourly 15 $39.55 $41.53 $43.61 $45.79 $48.08 $51.06 3181 Office Assistant Hourly 01 $28.23 $29.64 $31.12 $32.68 $34.31 $36.61 4640 Park Services Officer Hourly 11 $36.36 $38.18 $40.09 $42.09 $44.19 $46.98 4560 Parking Control Officer Hourly 01 $28.23 $29.64 $31.12 $32.68 $34.31 $36.61

Page 1 of 2 ends

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Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4440 Permit Technician Hourly 09 $35.53 $37.31 $39.18 $41.14 $43.20 $45.94 4425 Planning Technician Hourly 11 $36.36 $38.18 $40.09 $42.09 $44.19 $46.98 4550 Police Records Specialist Hourly 05 $31.60 $33.18 $34.84 $36.58 $38.41 $40.91 4555 Police Records Specialist Lead Hourly 31 $39.05 $41.00 $43.05 $45.20 $47.46 $50.41 4630 Public Works Inspector Hourly 18 $44.47 $46.69 $49.02 $51.47 $54.04 $57.32 4450 Senior Building Inspector Hourly 27 $55.88 $58.67 $61.60 $64.68 $67.91 $71.89 4525 Senior Communication Dispatcher Hourly 29 $50.76 $53.30 $55.97 $58.77 $61.71 $65.38 4831 Senior Library Page Hourly 02 $19.85 $20.84 $21.88 $22.97 $24.12 $25.91 4565 Senior Parking Control Officer Hourly 11 $36.36 $38.18 $40.09 $42.09 $44.19 $46.98 4405 Senior Planner Hourly 28 $57.24 $60.10 $63.11 $66.27 $69.58 $73.64 4552 Senior Police Records Specialist Hourly 30 $35.53 $37.31 $39.18 $41.14 $43.20 $45.94 4610 Senior Public Works Inspector Hourly 26 $53.61 $56.29 $59.10 $62.06 $65.16 $69.00 4662 Sr. Engineering Technician Hourly 24 $47.82 $50.21 $52.72 $55.36 $58.13 $61.62 *Proposed April 18, 2023
*New Position Added Effective April 19, 2023

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/18/2023
ITEM NO: 14
DATE: March 23, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following Actions for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218):
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid Contingent on Receiving Caltrans Authorization;
c. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with ActiveWayz Engineering for Additional Engineering Services During Bid, Award, and Construction in an Amount of $25,238, Resulting in a Total Agreement Amount Not to Exceed $196,709;
d. Authorize an Expenditure Budget Transfer in an Amount of $133,380 from available Traffic Mitigation Funds;
e. Authorize an Expenditure Budget Transfer in an Amount of $200,000 from Available Funds in Fund 461 CIP #816-0420;
f. Authorize an Expenditure Budget Transfer in an Amount of $60,000 from Available Funds in CIP #813-0221;
g. Authorize an Expenditure Budget Transfer in an Amount of $231,524 from Available Funds in CIP #813-0231; and
h. Authorize an Expenditure Budget Transfer in an Amount of $219,772 from Available Funds in CIP #811-9902.

RECOMMENDATION:

Staff recommends the following actions for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218):
a. Approve the plans and specifications;
b. Authorize advertising the project for bid contingent on receiving Caltrans authorization;

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PAGE 2 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
RECOMMENDATION (continued):
c. Authorize the Town Manager to execute the second amendment to the consulting services agreement with ActiveWayz Engineering (Attachment 1) for additional engineering services during bid, award, and construction in an amount of $25,238, resulting in a total agreement amount not to exceed $196,709;
d. Authorize an expenditure budget transfer in an amount of $133,380 from available Traffic Mitigation Funds;
e. Authorize an Expenditure Budget transfer in an amount of $200,000 from available funds in Fund 461 CIP #816-0420;
f. Authorize an expenditure budget transfer in an amount of $60,000 from available funds in CIP #813-0221;
g. Authorize an expenditure budget transfer in an amount of $231,524 from available funds in CIP #813-0231; and
h. Authorize an expenditure budget transfer in an amount of $219,772 from available funds in CIP #811-9902.

BACKGROUND:

The Shannon Road Pedestrian and Bikeway Improvements Project would provide pedestrian and bicycle safety improvements on Shannon Road between Los Gatos Boulevard and Cherry Blossom Lane. This segment of Shannon Road is a two-lane neighborhood collector street with high volumes of bicycle and pedestrian traffic when schools are in session. The street is a popular route for students attending Blossom Hill Elementary, Louise Van Meter Elementary, and Raymond J. Fisher Middle schools. There are intermittent sections of sidewalk on both sides of the roadway. Currently, on-street parking is not allowed on Shannon Road between 7 a.m. and 6 p.m., except on Saturdays, Sundays, and holidays.

In June 2018, the Town was awarded a Vehicle Emissions Reductions Based at Schools (VERBS) federal grant in the amount of $940,100 from the Metropolitan Transportation Commission (MTC) One Bay Area Grant (OBAG) program distributed through the Santa Clara Valley Transportation Authority (VTA) to partially fund the project. This grant is a critical source of funding for the construction phase of this project, and it is shown as such in the adopted FY 2022/23-2026/27 CIP Budget. This is a reimbursement grant whereby the Town must expend the funds and request reimbursement from VTA. The initial request for reimbursement must be received by June 30, 2023 to comply with the requirements of this grant.

On November 5, 2019, the Town Council authorized the Town Manager to solicit design consultants and negotiate and execute a design consultant agreement in an amount not to exceed $200,000. ActiveWayz Engineering was selected as the design consultant through the

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PAGE 3 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
BACKGROUND (continued):
procurement process. A consultant services agreement for an amount not to exceed $126,631 was negotiated and executed with ActiveWayz Engineering to include project management, survey, alternative analysis and community outreach, utility coordination, final design, bid support, and construction administration support. On March 1, 2022, Council authorized the Town Manager to execute the first amendment increase of $44,840 for additional community outreach efforts and to develop an additional design option based on the community feedback received (see Exhibit A).

This report recommends a second amendment to the agreement for additional engineering services during bid, award, construction, and post-construction (see Attachment 1 and Exhibit B). The original scope was developed with the expectation of greater Town staff involvement during bid, award, construction, and post-construction. The second amendment would facilitate greater use of the design consultant to augment Town staff resources.

ActiveWayz developed two concept designs that were presented to the community in 2021 at meetings on August 26 and September 29. During the community meeting process a third concept was added to reflect community input. These concepts and project history can be found on the PPW website at: https://www.losgatosca.gov/2687/Shannon-Pedestrian-andBikeway-Improveme. At its October 19, 2021 meeting, Town Council approved Design Concept 3 and authorized staff to proceed with final design.

Two additional community meetings were held on November 17, 2021 and January 15, 2022.

DISCUSSION:

The December 2022 engineer’s estimate to complete the proposed work for the Shannon Road Pedestrian and Bikeway Improvements Project is $1,766,826. The project would improve the safe mobility of Town residents and visitors and improve storm drainage. The Town has engaged the public and incorporated ideas generated through community involvement as much as possible. Grants have been secured to defer costs. Utility owners have been noticed of their obligation to relocate as necessary to accommodate the project plans.

The Town continues to receive correspondence from residents expressing dissatisfaction with the design, cost, and environmental impacts, while also receiving balancing general support of the idea of improvement. Suggestions to improve the plans were often provided including additional trees and variations in geometric design. Correspondences received prior to April 13, 2023 at 11 a.m. are included as Attachment 2. In an effort to address some of these concerns, staff has included an add alternate bid item for up to 14 trees along the project route. The

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PAGE 4 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
DISCUSSION (continued):
exact placement and species of trees will be determined in the field in coordination with local residents and the Town Arborist.

The plans and specifications for the Shannon Road Pedestrian and Bikeway Improvements Project can be viewed on the Town’s website at https://www.losgatosca.gov/108/CapitalImprovement-Program. Staff is asking for authorization to advertise the project for construction pending receipt of the E-76 certification from Caltrans which is expected to be provided within the next 30 days.

Once authorized by the Town Council to advertise for bid, the following is the anticipated schedule for the project, assuming receipt of the E-76 approval:

Milestones Anticipated Timeline
Advertise the Project for Bid April 28, 2023
Bids Due May 18, 2023
Council to Accept Lowest Bidder June 6, 2023
Award and Execute Agreement June 15, 2023
Start Construction July 5, 2023
Anticipated Completion January 2024
CONCLUSION:

Approval of the recommendations allows the Shannon Road Pedestrian and Bikeway Improvements Project to move forward for bidding with an option for bidders to identify additional landscaping and greening opportunities as an add alternate. It is important for the Town to construct the project to utilize the grants that were received for this project.

ALTERNATIVE:

Alternatively, the Council could direct staff to revisit the design to incorporate additional comments received. Staff would consider modifications that would add environmental components to the streetscape by adding small landscape buffers that incorporate trees and allow the Town to improve water quality runoff, air quality, and neighborhood appeal. This alternative would necessitate almost complete redesign of the project, incurring additional design costs and delaying the project to at least summer of 2024. This delay would likely result in the loss of grants secured and impact the Town’s ability to secure future grant funds.

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PAGE 5 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
COORDINATION:

This project has been coordinated with the Complete Streets and Transportation Commission, significant public outreach has been conducted, and the project has been coordinated with the Finance Department.

FISCAL IMPACT:

The FY 2022/23 – 2026/27 CIP Budget for the Shannon Road Pedestrian and Bikeway Improvements Project requires additional funding for the construction phase. On October 19, 2021, Town Council unanimously approved (see Item 7 of the meeting minutes) the proposed alternative and a recommended funding strategy that included consolidating funds from other projects to the Shannon Road project. The scope of each of these projects aligns with corresponding scope within the Shannon Road project. Staff recommends that Town Council authorize the transfer of available funds from the CIP projects identified in the fiscal table below.

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PAGE 6 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
FISCAL IMPACT (continued):

Budget
GFAR $ 230,000
Grants $ 1,114,350
Utility Undergrounding $ 119,204
Transfer from Traffic Mitigation Funds $ 133,380
Transfer from Fund 461 - Storm Basin #1 (Considered
with this Staff Report) $ 200,000
Transfer from CIP #813-0221 (Considered with this
Staff Report) $ 60,000
Transfer from CIP #813-0231 (Considered with this
Staff Report) $ 231,524
Transfer from CIP #811-9902 (Considered with this
Staff Report) $ 219,772
Total Budget $ 2,308,230
Costs
Misc. Expenses $ 500
Temporary Staff Charges $ 35,000
Engineering Services (Previously Approved) $ 171,471
Engineering Services (Approved with this Staff Report) $ 25,238 Construction Management Services (7.5%) $ 132,512
Construction $ 1,766,826
Construction Contingency (10%) $ 176,683
Total Costs $ 2,308,230
Available Balance $ -
Shannon Road Pedestrian and Bikeway Improvements
CIP No. 813-0218

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PAGE 7 OF 7
SUBJECT: Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813- 0218)
DATE: April 3, 2023
ENVIRONMENTAL ASSESSMENT:

This is a project defined under the California Environmental Quality Act (CEQA) as being Categorically Exempt per Section 15301(c) Existing streets, sidewalks, trails and similar facilities and 15304(h) Creation of bicycle lanes on existing rights-of-way. A Notice of Exemption will be filed. Under the National Environmental Policy Act (NEPA), the project is determined to be categorically excluded from a detailed environmental analysis.

Attachments:

1. ActiveWayz Engineering Consultant Agreement Proposed Second Amendment with Exhibit “A” – Original Agreement and First Amendment and Exhibit “B” - Scope of Services

2. Public Comment

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Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering

SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 1 st day of April
2023 and amends that certain First Amendment to Agreement for Consultant Services dated March 1, 2022, made by and between the Town of Los Gatos, ("Town") and the ActiveWayz Engineering (“Consultant”).

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021 (“Agreement”) and a First Amendment for Consultant Services Agreement on March 1, 2022 for the Shannon Road Pedestrian and Bikeway improvements Project (CIP No. 813- 0218), copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.

B. Town desires to amend the Agreement to add to the scope of services and for additional compensation.

AMENDMENT

1. 2.1 Scope of Services is amended to read as follows:

Consultant shall provide services as described in that certain Proposal sent to the Town on March 8, 2023, which is hereby incorporated by referenced and attached as Exhibit B.

2. 2.6 Compensation is amended to read as follows:

Additional compensation for Consultant’s professional services shall be increased by $25,238. For a total agreement amount not to exceed $196,709, inclusive of all costs.

Payment shall be based upon Town approval of each task based on Exhibit B.

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

ATTACHMENT 1

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Second Amendment to Agreement for Consultant Services
ActiveWayz Engineering
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.

Town of Los Gatos: ActiveWayz Engineering:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Admas Zewdie, President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on May 3, 2021 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and ACTIVEWAYZ ENGINEERING, (“Consultant”), whose address is 2170 The Alameda, Suite 200, San Jose, CA 95126. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town desires to engage Consultant to provide Consultant Services for Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218).

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

1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Consultant acknowledges Town has relied upon these warranties to retain Consultant.

II. AGREEMENTS

2.1 Scope of Services. Consultant shall provide services as described in Exhibit A, which is hereby incorporated by reference.

2.2 Term and Time of Performance. This contract will remain in effect from date of execution to December 31, 2023.

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

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

2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.

2.6 Compensation. Compensation for Consultant's professional services shall not exceed $126,631.00, inclusive of all costs as described in Exhibit A. Payment shall be based upon Town approval of each task.

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

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

Invoices:

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

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

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

2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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

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

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

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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

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

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

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

DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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

IV. GENERAL TERMS

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

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

4.3 Termination of Agreement. Town and Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

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

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

DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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

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

4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the Town, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

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

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

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

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

4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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indemnify the Town for any fines assessed by the California Department of Industrial Relations against the Town for such violation, including all staff costs and attorney’s fee relating to such fine.

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

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

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

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

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

ACTIVEWAYZ ENGINEERING
Attn: Admas Zewdie
2170 The Alameda, Suite 200
San Jose, CA 95126
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

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

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

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IN WITNESS WHEREOF, Town and Consultant have executed this Agreement.

Town of Los Gatos by:

Laurel Prevetti, Town Manager

Recommended by:

Matt Morley
Director of Parks and Public Works
Consultant, by:

Printed Name and Title
Approved as to Form:

Robert Schultz, Town Attorney
Attest:

Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976 Admas Zewdie, President
5/18/2021
5/19/2021
5/20/2021
5/20/2021
5/20/2021

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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 1 Deliverables:
• Meeting agenda and minutes
• Project schedule
• Monthly invoice and progress report
Assumptions:
• The project will be completed within the duration
shown in the attached project schedule.
• Outreach meetings will be noticed, organized and
led by Town staff.

SCOPEOF SERVICES
1 PROJECTMANAGEMENT
• Project Management and Coordination – Communicate regularly with Town of Los Gatos project manager regarding project progress, challenges, and next action items; Coordinate activities of internal and subconsultant team members; Prepare monthly invoices and progress reports; Prepare and maintain project schedule. • Project Schedule – Prepare a base line project schedule, and update project schedule as the project progresses. • Kick-Off Meeting – Organize, attend, and lead project kick-off meeting; Prepare agenda and meeting minutes for each meeting.
• Project Coordination Meeting – Organize, attend, and lead bi-weekly coordination meetings; Prepare agenda and meeting minutes for the meetings.
• Outreach Meetings – Attend up to two (2) community outreach meetings and up to two (2) Town’s Complete Streets and Transportation Commission meetings.
2 TOPOGRAPHIC SURVEY
• Field Topographic Survey – Provide a design-level topographic survey extending 10 to 20-feet beyond the right of way to allow for conform design and at minimum 50-feet beyond work limits shown in the exhibit attached to the RFP. The survey shall include existing right-of-way, roadway, surface utilities, sewer and storm drain manholes and their inverts, trees, fence, driveway, sidewalk, etc. Site coordinates will be established with RTK GPS at each intersection. Site control will be established and noted in the CAD file for future use by the contractor. • Right of Way Mapping – Based upon a combination of record data and any monuments collected during topographic surveying, calculate the record data location of the existing right of way for the mapping corridor. Additionally, calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). Easements will be shown on the mapping product only to the extent shown on existing recorded maps.
• Plat and Legal Description (OPTIONAL) – Prepare Legal descriptions and Exhibit Plats for right of way acquisition.

One summary sheet and calculations sheet, including the total area of the property, areas of acquisition, areas the acquisition overlaps any easements of record and the remainder area of the parcel will be prepared for each separate property owner where acquisition is proposed. One acquisition document may describe various takes including: CLIENT Right of Way, Utility Easements, Slope Easements, and Drainage Facility Easements. Since the number of acquisitions cannot be accurately determined at this time, we propose to include this work item as an optional task. The fee for preparing plat and legal description is $1,000 per parcel.

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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 2 Deliverables:
• Site photos
• Base map in AutoCAD containing topographic
mapping, and existing utilities and right-of-way
• Exhibits of proposed alternatives (3)
• Exhibit of preferred alternative (1)
• Alternatives Analysis Memo
Assumptions:
• Town will provide as-builts for Town-owned
utilities.
• Town will be responsible for coordination with
adjacent property owners.
3 DATACOLLECTIONANDALTERNATIVEANALYSIS
• Site Assessment – Conduct a field visit to confirm existing conditions, obtain additional information, and take site pictures.
• Project Background Information – Obtain from Town and review background project information, such as prior studies, traffic analysis, traffic counts, collision data, community meeting minutes, etc. Request as-built maps from utility companies.
• Base Map Preparation – Using topographic survey, prepare a base map that depicts the existing information collected during the site visit and from utility companies. The base map will show approximate locations of existing utilities, signs, and pavement delineation.
• Alternatives Analysis – Prepare up to three feasible project alternatives for the proposed improvements. The alternatives shall be developed with careful evaluation of the needs of pedestrians, bicyclists, drivers, and adjacent residents. The concept plans shall clearly show the scope of improvements and the associated geometric parameters for the project. The plans shall show the proposed improvements and sufficient notes and references to communicate the design intent. The alternatives will take the following factors into consideration:
> cost
> implementation timeline
> on-street parking
> utility relocations
> tree impacts
> drainage (public and private)
> impacts to private property improvements
> pedestrian street crossings
> variations in right of way width
> enhancing safety and convenience for pedestrians
and bicyclists
> street cross section (sidewalk type, bicycle
accommodation, planting, parking, travel lanes, etc.)
> public acceptance
The alternatives will be presented on exhibits using aerial map background. Typical cross-sections at key locations will be included. At the conclusion of the alternative analysis, a written memo summarizing the alternatives and associated costs together with a recommendation will be provided in addition to the conceptual drawings to document the work effort.

Assumptions:
• Topographic survey for the optional segment
(Cherry Blossom Lane to Short Road) is not
included. It is possible that the Town’s currently
available topographic mapping may be sufficient for
the traffic calming work. If supplemental surveys are
needed, the survey scope can be amended once the
limits of additional surveys are determined.

Deliverables:
• AutoCAD Civil 3D file with survey points and
Digital Terrain Model
• AutoCAD file with existing right of way
information
• Plats and Legal descriptions for acquisitions
(OPTIONAL)
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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 3 Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.

Deliverables:
• Exhibits using material prepared under other tasks
• Attendance at coordination meetings (3)
Assumptions:
• Preparation of graphic renderings are not included.
4 COMMUNITYOUTREACH
• Exhibits for the proposed alternatives will be prepared under Task 3 above. Under this task, consultant will minor adjustments to format the exhibits for public presentations. • The consultant project manager will attend up to three (3) additional meetings with private property owners or other project stakeholders at the request of the Town’s project manager. 5 UTILITY COORDINATION
• Identify potential utility conflicts, and if possible, identify design modifications to avoid utility conflicts. • Where conflicts are unavoidable, identify utility relocation needs and coordinate with utility companies to complete relocations.
• For each utility conflict, prepare conflict maps identifying the location of the conflicts, and coordinate with utility purveyors to prepare conflict resolution plans.
• Review the conflict maps and confirm that they will resolve the conflict. • Prepare Notice to Owner (NTO) to utility companies to begin physical relocation of utilities. Town staff will perform field inspection to ensure that the relocation work is performed in conformance with the approved conflict resolution plans.
• Assist the Town in preparation of a pothole exhibit. The Town will hire a pothole contractor to identify utility locations and depths along the proposed storm drain alignment. Survey pothole locations and add information to design drawings.
6 FINALDESIGN
Prepare Plans, Specifications and Estimate in conformance with the 2010 Caltrans Standard Plans and Specifications, supplemented by Town specific flatwork, signing, striping, and tree planting details.

6.1 65%PS&E
• Plans – Plans will be prepared on 24”x36” size pages on the Town’s title block. All major design issues and solutions will be represented in the plans. The plans will show the existing conditions, the proposed improvements, and associated details, standards, and notes. The following types of plans are expected to be included in the plan set:

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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 4 Deliverables:
• 65% Plans (PDF)
• 65% Technical Specifications
(MS Word, PDF)
• 65% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will prepare front-end specifications.
• Town will provide sheet border, and CAD drafting standards if available.
• Town will be responsible for environmental clearance, right of way certification, and E-76 authorization coordination.
• Landscaping and irrigation design is not included in the scope of work. • The optional segment (Cherry Blossom Lane to Short Road) is not included.

Deliverables:
• Comment Response Matrix
• 100% Plans (PDF)
• 100% Technical Specifications
(MS Word, PDF)
• 100% Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving inconsistencies between various reviewers.
> Title Sheet (1 sheet)
> Notes, Legend, and Abbreviations (1 sheet)
> Existing Conditions Plan (1”=20’ scale, 3 sheets)
> Demolition Plan (1”=20’ scale, 3 sheets)
> Improvement Plans (1”=20’ scale, 3 sheets)
> Signing and Striping Plans (1”=20’ scale, 3 sheets)
> Construction Details (6 sheets)
> Standard Details (2 sheets)
> Best Management Practices (1 sheet)
> Total (23 sheets)
• Technical Specifications – Prepare draft technical specifications using the Town of Los Gatos specification format and content. Supplement technical specifications as needed with Caltrans standards for project work not already covered by the Town’s standard specifications. Prepare bid tabulation and detailed measurement and payment section. The bid tabulation and the units of measurement shall be consistent with the cost estimate. • Estimate – Prepare estimate of probable cost based on items and quantities of work shown on the plans. Unit prices will be based on the magnitude of the quantities and recently awarded local projects and engineer’s judgment.

6.2 100% PS&E
• Comment Review – Review Town’s comments on the 65% submittal and provide responses in a matrix format. Identify comments that consultant disagrees with, need further clarification on, or may result in change in scope for discussion with the Town’s project manager.
• Update Plans, Specifications, and Estimate of Probable Cost – Prepare 100% construction documents by refining the 65% design documents based on comments received after the Town’s review of the 65% construction documents. The 100% plans, technical specifications, and estimate of probable cost shall be submitted together.

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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 5 Deliverables:
• Comment Response Matrix
• Final Plans (PDF)
• Final Technical Specifications
(MS Word, PDF)
• Final Cost Estimate
(MS Excel, PDF)
Assumptions:
• Town will provide a compiled set of comments after resolving inconsistencies between various reviewers.
• It is assumed that if Town decides to split the project in two, the same plan set will be used and non-applicable work items will be crossed out from the plans. This scope does not include preparing standalone plan sets for two separate bid packages.

Deliverables:
• Responses to RFIs
Assumptions:
• The project will be constructed in a single construction package.

Deliverables:
• Responses to RFIs
• Reviewed shop drawings
• Change order plans
• As-built plans
Assumptions:
• This task will be performed on a time-and-material basis.

6.3 Final PS&E
• Bid Set – Address miscellaneous Town comments on the 100% submittal and prepare a bid-ready set of plans, technical specifications, and cost estimate.
7 BIDSUPPORT
• Support the Town through the bid process and construction contract award. • Respond to questions or requests for clarifications during the bid phase. • Attend a pre-bid meeting.
• Assist the Town establish the lowest responsible bidder. • Provide value engineering services as needed if bids are above the construction budget. 8 CONSTRUCTIONADMINISTRATION
• Provide construction support services. Tasks may include attending pre-construction and other field meetings, reviewing submittals, responding to requests for information, providing field check services, preparing design modifications if necessary due to unforeseen conditions, prepare as-built documents, and project closeout. • Consultant shall conduct site visits during construction at appropriate stages. Consultant shall provide submittal list, respond to requests for information (RFI), review shop drawings, and prepare change orders, and provide written recommendations to the Town. Consultant shall participate in the final walk-through and assist with preparing the punch list of deficiencies.

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SCOPEOF SERVICE
ActiveWayz Engineering | Shannon Road Pedestrian and Bikeway Improvements 6 9 SUPPLEMENTARY SERVICES
• Work under this task item shall include other supplemental services as related to right-of-way, utility relocation, additional meetings, and other design elements not already outlined or specified under other task items. Any work under this task will first need to be requested or approved by the Town and as authorized by Town staff.

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ActiveWayz Engineering
Fee Estimate
4/6/2021
Project ManagerProject EngineerDesign EngineerEngineering TechnicianTotal Tasks $198 $168 $124 $60

1. Project Management 54 — — — 54 $10,692 — $10,692 — $10,692 Project Management & Coordination 16 — — — 16 $3,168 — $3,168 — $3,168 Project Schedule 4 — — — 4 $792 — $792 — $792
Kick-Off Meeting 2 — — — 2 $396 — $396 — $396
Project Coordination Meeting 16 — — — 16 $3,168 — $3,168 — $3,168 Ourteach Meetings (4) 16 — — — 16 $3,168 — $3,168 — $3,168

2. Topographic Survey — — — — — — — — $18,500 $18,500
Field Topographic Survey & R/W Mapping — — — — — — — — $18,500 $18,500

3. Data Collection and Alternative Analysis 32 — 52 66 150 $16,744 — $16,744 — $16,744 Site Assessment 4 — 4 — 8 $1,288 — $1,288 — $1,288
Project Background Information — — 8 8 16 $1,472 — $1,472 — $1,472 Base Map Preparation 2 — 8 8 18 $1,868 — $1,868 — $1,868 Alternatives Analysis 26 — 32 50 108 $12,116 — $12,116 — $12,116

4. Community Outreach 16 — 16 40 72 $7,552 — $7,552 — $7,552 Prepare Exhibits 8 — 16 40 64 $5,968 — $5,968 — $5,968
Attend Meetings (up to 4 additional) 8 — — — 8 $1,584 — $1,584 — $1,584

5. Utility Coordination 16 — 24 — 40 $6,144 — $6,144 — $6,144 Utility Coordination 16 — 24 — 40 $6,144 — $6,144 — $6,144

6. Final Design 81 111 86 189 467 $56,689 — $56,689 — $56,689 65% PS&E 60 82 64 140 346 $41,992 — $41,992 — $41,992
100% PS&E 15 21 16 35 87 $10,498 — $10,498 — $10,498
Final PS&E 6 8 6 14 35 $4,199 — $4,199 — $4,199

7. Bid Support 4 4 — — 8 $1,464 — $1,464 — $1,464
Pre-bid meeting 2 — — — 2 $396 — $396 — $396
Bid Support 2 4 — — — $1,068 — $1,068 — $1,068
— — — — — — — — — —

8. Construction Administration 9 8 — 12 29 $3,846 — $3,846 — $3,846 Meetings 3 — — — 3 $594 — $594 — $594
Shop Drawing Reviews 2 4 — — 6 $1,068 — $1,068 — $1,068 RFIs 2 4 — — 6 $1,068 — $1,068 — $1,068
As-builts 2 — — 12 — $1,116 — $1,116 — $1,116

9. Supplementary Services — — — — — — $5,000 $5,000 — $5,000 Supplementary Services — — — — — — $5,000 $5,000 — $5,000 Total 212 123 178 307 820 $103,131 $5,000 $108,131 $18,500 $126,631

TOWN OF LOS GATOS
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS (CIP No. 813-0218) Grand Total
ActiveWayz Engineering PLS Surveys
Hours
SubtotalFeeDirectExpensesTotalFeeTotalFee
ACTIVEWAYZ COST PROPOSAL - Shannon Road.xlsx
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ID Task Name Duration Start Finish Predecessors
1 Notice to Proceed 0 days Mon 5/17/21 Mon 5/17/21
2 Task 1: Project Management 49 days Fri 5/21/21 Mon 8/2/213 Kick‐Off Meeting 0 days Fri 5/21/21 Fri 5/21/21 1FS+5 days4 Community Outreach Mtg #1 0 days Fri 6/11/21 Fri 6/11/21 15SS+5 days5 Community Outreach Mtg #2 0 days Fri 7/16/21 Fri 7/16/21 17SS+5 days6 Complete Streets & Transportation Commission Mtg #1 0 days Fri 6/25/21 Fri 6/25/21 4FS+10 days 7 Complete Streets
& Transportation Commission Mtg #2 0 days Mon 8/2/21 Mon 8/2/21 5FS+10 days 8 Task 2: Topographic Survey 10 days Mon 5/17/21 Fri 5/28/219 Topographic Surveys 10 days Mon 5/17/21 Fri 5/28/21 1 10 Task 3: Data Collection and Alternative Analysis 59 days Mon 5/17/21 Mon 8/9/2111 Project Background Research and As‐Built collection 10 days Mon 5/17/21 Fri 5/28/21 112 Site Assessment 1 day Tue 6/1/21 Tue 6/1/21 9,1113 Base Map Preparation 3 days Wed 6/2/21 Fri 6/4/21 12,11,914 Alternative Analysis 45 days Mon 6/7/21 Mon 8/9/2115 Develop Draft Alternatives 20 days Mon 6/7/21 Fri 7/2/21 1316 Town Review of Draft Alternatives 5 days Mon 7/5/21 Fri 7/9/21 1517 Refine Alternatives 20 days Mon 7/12/21 Mon 8/9/21 1618 Select Preferred Alternative 0 days Mon 8/9/21 Mon 8/9/21 1719 Task 4: Community Outreach 45 days Fri 5/28/21 Mon 8/2/2120 Prepare Exhibits 45 days Fri 5/28/21 Mon 8/2/21 4SS‐10 days21 Task 5: Utility Coordination 60 days Mon 7/19/21 Wed 10/13/2122 Utility Coordination 60 days Mon 7/19/21 Wed 10/13/21 1823 Task 6: Final Design 83 days Tue 8/10/21 Wed 12/8/2124 65% PS&E 40 days Tue 8/10/21 Tue 10/5/2125 Prepare Plans 25 days Tue 8/10/21 Tue 9/14/21 1826 Prepare Estimate 2 days Wed 9/15/21 Thu 9/16/21 2527 Prepare Specifications 3 days Fri 9/17/21 Tue 9/21/21 2628 Complete 65% PS&E 0 days Tue 9/21/21 Tue 9/21/21 2729 Town Review 10 days Wed 9/22/21 Tue 10/5/21 2830 100% PS&E 28 days Wed 10/6/21 Tue 11/16/21 1231 Respond to 65% Comments 3 days Wed 10/6/21 Fri 10/8/21 2932 Update PS&E Package 20 days Tue 10/12/21 Mon 11/8/21 3133 Complete 100% PS&E 0 days Mon 11/8/21 Mon 11/8/21 3234 Town Review 5 days Tue 11/9/21 Tue 11/16/21 3335 Final PS&E 15 days Wed 11/17/21 Wed 12/8/2136 Update PS&E 15 days Wed 11/17/21 Wed 12/8/21 3437 Complete Final PS&E 0 days Wed 12/8/21 Wed 12/8/21 3638 Task 7: Bid Support Assistance 50 days Thu 12/9/21 Thu 2/17/2239 Bidding and Award 50 days Thu 12/9/21 Thu 2/17/22 37,2240 Task 8: Construction Support 60 days Fri 2/18/22 Fri 5/13/2241 Construction Support 60 days Fri 2/18/22 Fri 5/13/22 39 5/17
5/21
6/11
7/16
6/25
8/2
8/9
9/21
11/8
12/8
4/114/184/25 5/2 5/9 5/165/235/30 6/6 6/136/206/27 7/4 7/117/187/25 8/1 8/8 8/158/228/29 9/5 9/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/2 1/9 1/161/231/30 2/6 2/132/202/27 3/6 3/133/203/27 4/3 4/104/174/24 5/1 5/8 5/155/2 May June July August September October November December January February March April May TaskSplitMilestone
SummaryProject SummaryInactive Task
Inactive MilestoneInactive SummaryManual Task
Duration-onlyManual Summary RollupManual Summary
Start-onlyFinish-onlyExternal Tasks
External MilestoneDeadlineCritical
Critical SplitProgressManual Progress
Town of Los Gatos
Project Schedule for
SHANNON ROAD PEDESTRIAN AND BIKEWAY IMPROVEMENTS PROJECT

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Project: P2020-040 ScheduleDate: Wed 4/28/21
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ACTIVEWAYZ’ RESPONSES TO CLARIFICATION QUESTIONS ON THE

PROJECT SCOPE
04/06/2021

1. Overview: Confirm the physical limits included in both the Alternatives Analysis and Final Design scope of work items.

RESPONSE: The proposal covers the CIP No. 813-0218 project limits (Los Gatos to Cherry Blossom).

2. Topographic Survey: The scope indicates the right of way will be determined from "a combination of record data and any monuments." What do you propose for areas where no record data is available? RESPONSE: In our experience, roadways and private lands have always been defined by deeds and maps. We cannot think of a time we've come across such an issue where nothing is defined. If, in fact, there is no record data, the situation will require negotiation between the City and the adjacent private property owner to define the right of way. Such work may involve legal action and is beyond the scope of our work.

3. Timing vs Cost vs Safety: One item not explicitly addressed in the proposal is the question of which side of the street is improved first and why. We expect the tradeoffs between cost, timing, and safety will all be in play as we struggle with federal grant and PG&E relocation timing issues. How do you propose to address this?
RESPONSE: It’s too early to say whether bifurcation is needed. My suggestion is to develop the plans to the 65% design level and decide if we need to split the project. There could be several options to consider, including:
• The use of add-alternate bid items;
• Segmented construction (both sides for a few blocks); • Low-cost interim improvements
Rest assured that we will propose an optimal implementation strategy that balances the various considerations. If the project needs to be phased, we propose preparing one set of plans and cross-out/hide improvements that are not part of the construction package. We used this approach on a recent project that’s about to start construction. This approach can be accommodated within the budget we proposed.

4. Trees: How have you addressed tree impacts in the past? RESPONSE: Trees should be dealt with in close coordination with the Town arborist. Possible options include:

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Tree removal – if the tree causing the problem is an ornamental tree, a old/dying tree, or a sick tree, removing it can be an option. Many trees planted along Los Gatos streets for beautification are not appropriate for sidewalk location due to their shallow roots. As part of the Almond Grove project, many magnolia trees that were lifting sidewalks were removed during the street reconstruction.

Cutting Tree Roots – Cutting roots can result in the death or instability of a tree, so should be attempted with a close supervision of the Town Arborist.

Reinforcing the sidewalk concrete – building a longer section of sidewalk and reinforcing it with rebar can help counter the force of a growing tree root underneath the sidewalk and hence limit uplift.

Realigning sidewalk – The whole or a portion of the sidewalk can be realigned to be away from the tree roots, and root barriers installed to prevent further root encroachment. This may require reduction of pavement width, and may be incorporated as part of an overall traffic calming measure.

Also, it’s important to note that not all of the sidewalk width needs to be ADAcompliant. As long as a PAR (pedestrian accessible route) of 4-foot width is provided along the sidewalk, the remaining sidewalk can have slopes that are not consistent with ADA.

5. Storm Water Management: How will you track C.3 treatment requirements for new development as the project proceeds?
RESPONSE: Provision C.3.c of the municipal stormwater permit excludes certain projects from the C.3 treatment requirements. This project will fall under that exception because it meets the requirement “Sidewalks, bicycle lanes and trails that are not built as part of new roadways or are constructed with permeable surfaces”. The Town has developed a Green Stormwater Infrastructure Plan in 2019. We will follow the recommendations of that plan to identify and incorporate green infrastructure elements to the extent feasible.

6. Federal Process: What is your experience on federal projects? RESPONSE: We are very familiar with the federal requirements for projects. We are currently wrapping up two federally-funded projects for the City of South San Francisco. Per the RFP, the Town will be responsible for the E-76 coordination.

We will make sure that the specifications include the required federal requirements and forms, and help the Town with the calculation of the DBE participation goal and completion of the PS&E checklist.

7. Traffic Calming: Will ActiveWayz be able to provide traffic calming measure as part of the project?
RESPONSE: Our project scope is limited to the Shannon Road segment that’s shown in the Project Limit exhibit attached to the RFP. The scope of the traffic DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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calming element between Cherry Blossom and Short Road is unclear. We can discuss this and incorporate it as part of the project. If the traffic calming work has a separate funding source, it may be beneficial to develop it as a stand-alone project. There may be an opportunity for Town staff and ActiveWayz to collaborate in the development of the plans for this segment, with Town staff preparing the plans, and ActiveWayz providing technical review support. We can discuss this when we meet.

8. Do you anticipate the need to bifurcate PS&E and construction for northern and southern side of Shannon due to funding? If bifurcation is needed, is it included in the current proposal?
RESPONSE: See response to Question 3 above.

DocuSign Envelope ID: 5DB1111D-8870-497D-BFEB-422C94958976

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ActiveWayz Engineering – First Amendment to Agreement for Consultant Services Shannon Road Pedestrian and Bikeway Improvements Project

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 1
st day of March 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated May 3, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ACTIVEWAYZ ENGINEERING (“Consultant”).

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on May 3, 2021 (“Agreement”), for the Shannon Road Pedestrian and Bikeway Improvements Project (CIP No. 813-0218), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town desires to amend the Agreement for the additional design services need for the project as descried in Exhibit B (Amendment Request from ActiveWayz Engineering dated February 18, 2022) attached hereto and incorporated by reference.

AMENDMENT

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

Consultant shall provide services as described in Exhibit A and Exhibit B (Amendment Request from ActiveWayz Engineering dated February 18, 2022), which are hereby incorporated by reference.

2. Section 2.6 Compensation is amended to read:

Compensation for Consultant's professional services shall not exceed $171,471.00, inclusive of all costs as described in Exhibit A and Exhibit B. Payment shall be based upon Town approval of each task.

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

DocuSign Envelope ID: 3053538C-F7D8-4A81-B8EC-02963122D00E

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Los Gatos City CouncilApril 18, 2023

Los Gatos City Council
April 18, 2023