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B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.
CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
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Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT 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 the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent.
CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a Consultant's license and listed DBE does not have a valid license under Contractors License Law
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination)
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and to advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
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F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1
st
-tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withheld funds upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
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with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime Contractor/Consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
Without limiting CONSULTANT’s obligation to indemnify and hold harmless TOWN of LOS GATOS (TOWN) and VTA, CONSULTANT must procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by CONSULTANT, its agents, representatives, employees, or subconsultants. The cost of such insurance must be borne exclusively by CONSULTANT. In the event of any material change in the AGREEMENT Scope of Services, TOWN AND VTA reserve the right to change the insurance requirements set forth herein. CONSULTANT must furnish complete copies of all insurance policies, within three (3) business days of any request for such by TOWN or VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. General Liability coverage; Insurance Services Office “occurrence” form CG 0001. General Liability insurance written on a “claims made” basis is not acceptable. Completed Operations coverage must be continuously maintained for at least two (2) years after Final Acceptance of the Work.
b. Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis is not acceptable. c. Workers’ Compensation insurance, as required by the Labor Code of the State of California, and Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of CONSULTANT’S services under this AGREEMENT. This coverage must be continuously maintained for a minimum of two (2) years following completion of this AGREEMENT. This coverage may be written on a “claims made” basis, if so, please see special provisions in Section B. e. CONSULTANT’S Pollution/Environmental Impairment Liability: covering liability arising out of the treatment, handling, storage, transportation, or accidental release of any hazardous material.
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2. Minimum Limits of Insurance
a. CONSULTANT must maintain limits no less than:
1. General Liability (including umbrella/excess liability): $5,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. This requirement may be satisfied by a combination of General Liability with Excess or Umbrella, but in no event may the General Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying General Liability policy, “Follow Form” coverage, and a “Drop Down” provision.
2. Automobile Liability (including umbrella/excess liability): $4,000,000 limit per accident for bodily injury and property damage. This requirement may be satisfied by a combination of Auto with Excess or Umbrella, but in no event may the Automobile Liability primary policy limit per occurrence be less than $2,000,000, unless Excess policies feature inception and expiration dates concurrent with the underlying auto liability policy, “Follow Form” coverage, and a “Drop Down” provision.
3. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits and Employer’s Liability limits of $1,000,000 per accident.
CONSULTANT 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 CONSULTANT 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) CONSULTANT will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONSULTANT become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONSULTANT shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
4. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim. This requirement may be satisfied by a combination of Professional Liability insurance with Excess or Umbrella policies, but in no event may the Professional Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
5. CONSULTANT’S Pollution/Environmental Impairment Liability: $3,000,000 per occurrence.
This requirement may be satisfied by a combination of Pollution Liability insurance with Excess or Umbrella policies. Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
b. Notwithstanding any language in this AGREEMENT to the contrary, if CONSULTANT carries insurance limits exceeding the minima stated in Section 2(a)(1)-(5) immediately above, such greater limits will apply to this AGREEMENT.
3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or self-insured retention for all coverages required herein. Any self-insured retention or deductible must be declared to and approved by TOWN and VTA. To apply for approval for a level of retention or deductible CONSULTANT must provide a current financial report including balance sheets and income
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statements for the past three years, so that TOWN and VTA can assess CONSULTANT’s ability to pay claims falling within the self-insured retention or deductible. Upon review of the financial report, if deemed necessary by TOWN and VTA in their sole discretion, TOWN and VTA may elect one of the following options: to accept the existing self-insured retention or deductible; require the insurer to reduce or eliminate the self-insured retention or deductible as respects TOWN and VTA, its directors, officers, officials, employees and volunteers; or to require CONSULTANT to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Applicable costs resulting therefrom will be borne solely by CONSULTANT.
CONSULTANT may request execution of a nondisclosure agreement prior to submission of financial reports.
B. Reserved.
C. Claims Made Provisions
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made may be considered for Professional, Environmental/Pollution, or Cyber. For coverage written on a claimsmade basis, it must be clearly stated on the Certificate of Insurance. In addition to all other coverage requirements, such policy must provide that:
1. The policy retroactive date must be no later than the date of this AGREEMENT.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, CONSULTANT must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.
3. No prior acts exclusion may be added to the policy during the AGREEMENT period.
4. The policy allows for reporting of circumstances or incidents that might give rise to future claims.
D. Other Provisions
The policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. The TOWN and VTA, its directors, officers, officials, employees and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of CONSULTANT, including TOWN’S general supervision of CONSULTANT; products and completed operations of CONSULTANT and its SUBCONSULTANTS; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT.
The coverage must contain no special limitations on the scope of protection afforded to TOWN and VTA, its directors, officers, officials, employees, or volunteers. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to TOWN and VTA, its directors, officers, officials, employees, or volunteers. c. CONSULTANT’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. The General Liability General Aggregate limit must apply per project, not per policy.
2. All Coverages
a. The insurer must agree to waive all rights of subrogation against TOWN and VTA, its directors, officers, officials, employees, and volunteers for losses arising from work performed by CONSULTANT and its subconsultants for TOWN and VTA.
b. CONSULTANT’s insurance coverage must be primary insurance as respects TOWN AND VTA, its directors, officers, officials, employees, and volunteers. Self-insurance or insurance that may be maintained by TOWN AND VTA, its directors, officers, officials, employees, or volunteers may
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apply only as excess to CONSULTANT’s insurance. CONSULTANT’s insurance must not seek contribution from TOWN or VTA’s insurance programs.
c. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced coverage or in limits except after a thirty (30) calendar days prior written notice by certified mail, return receipt required, has been given to TOWN. d. TOWN will not be responsible for any premiums or assessments on the CONSULTANT’S policies.
e. In the event CONSULTANT employs subconsultants as part of the work covered by this AGREEMENT, it shall be the responsibility of CONSULTANT to ensure that all subconsultants are included as additional insured under the CONSULTANTS policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein and shall comply with the same insurance requirements that are stated in this AGREEMENT.
3. Other Insurance Provisions
a. For all lines of coverage, the Certificate must disclose the actual amount of the Deductible or SelfInsured Retention and shall be subject to TOWN’S approval. b. If any coverage forms or endorsements required by this AGREEMENT are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services Office, or the American Association of Insurance Services, during the duration of this AGREEMENT, TOWN AND VTA reserves the rights to require CONSULTANT to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle. c. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event that said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing the insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of the TOWN. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, TOWN may, in addition to any other remedies it may have, terminate the AGREEMENT upon occurrence of such event. d. Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONSULTANT may be held responsible for payment of damages resulting from CONSULTANT’S services or operation pursuant to this AGREEMENT, nor shall it be deemed a waiver of TOWN’S rights to insurance coverage hereunder. e. If, for any reason, CONSULTANT fails to maintain insurance coverage that is required pursuant to this AGREEMENT, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this AGREEMENT and obtain damages from CONSULTANT resulting from said breach.
E. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII (financial strength rating of no less than A and financial size category of no less than VII), unless specific prior written approval has been granted by TOWN and VTA.
F. Certificates of Insurance
CONSULTANT must furnish TOWN with Certificates of Insurance and with original endorsements effecting coverage required. The certificates and endorsements for each insurance policy must be signed by an authorized representative of that insurer. The certificates must be issued on a standard ACORD Form. CONSULTANT must instruct their insurance broker/agent to submit all insurance certificates and
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endorsements and required notices electronically in PDF format to the TOWN. All endorsements must be attached to the ACORD certificate in a single PDF document. All insurance must be in effect for the duration of the AGREEMENT. The absence of insurance or a reduction of the 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. The TOWN reserves the right to require complete, certified copies of all required insurance policies, at any time.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the deductibles or lack thereof, and the policy term, (2) include copies of all the actual policy endorsements required herein, and (3) in the “Certificate Holder” box include:
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the TOWN and VTA property leased must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the AGREEMENT documents.
It is a condition precedent to granting of this AGREEMENT that all insurance certificates and endorsements be received and approved by TOWN and VTA before AGREEMENT execution. No occupancy may be taken until insurance is in full compliance. TOWN and VTA reserve the rights to require complete, certified copies of all required insurance policies, at any time.
If CONSULTANT receives notice that any of the insurance policies required by this Exhibit may be cancelled or coverage reduced for any reason whatsoever, CONSULTANT must immediately provide written notice to TOWN that such insurance policy required by this Exhibit is canceled or coverage is reduced.
G. Maintenance of Insurance
If CONSULTANT fails to maintain insurance as required herein, TOWN, at its option, may suspend the AGREEMENT until a new policy of insurance is in effect.
H. Hold Harmless
CONSULTANT hereby agrees to and shall hold TOWN and VTA, its elective and appointive boards, commissions, officers, agents, registered volunteers, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage and any other claims of any sort what so ever, including, but not limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or in connection with, either directly or indirectly, the construction or installation of the work, the guarding of the work, the use of improper materials in construction of the work, or the negligent, willful, or intentional acts or omissions by CONSULTANT or CONSULTANT's subconsultants, agents, or employee operations under this AGREEMENT, whether such operations by CONSULTANT or by any of CONSULTANT's subconsultants, or by any one or more persons directly or indirectly employed by, or acting as agent for CONSULTANT or any of CONSULTANT's subconsultants during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONSULTANT for default of this AGREEMENT or arising from the sole active negligence or willful misconduct of the TOWN. The Town Council may retain as much of the money due to the CONSULTANT as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid.
CONSULTANT agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONSULTANT shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its
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elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity arising out of the execution, adoption or implementation of this AGREEMENT (exclusive of any such actions brought by CONSULTANT), such indemnification to include all costs of defense, judgments, and any awards of attorneys' fees.
Should any accident or incident causing death, personal injury or property damage occur between the date CONSULTANT is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONSULTANT's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the notice of cancellation prior to the date of such accident or incident.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Park and Public Works Director who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT
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may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
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C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 -Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction Contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction Contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction Contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against
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CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
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e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES
PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, reenter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THEACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above
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Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
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ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
Zoon Engineering, Inc
ATTN: Nabil Hissen, P.E., Principal In Charge
3960 Adeline Street #3, Emeryville, CA 94608
LOCAL AGENCY:
Town of Los Gatos – Parks and Public Works Department
ATTN: Nicolle Burnham, Parks and Public Works Director
41 Miles Avenue, Los Gatos, CA 95030
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
Recommended by Department Head:
_________________________________
IN WITNESS WHEREOF, THE LOCAL AGENCY AND CONSULTANT HAVE EXECUTED THIS AGREEMENT.
TOWN OF LOS GATOS by: CONSULTANT by :
_________________________________ _________________________________ Laurel Prevetti, Town Manager Nabil Hissen, P.E., Principal In Charge Approved as to Form:
__________________________________________
Gabrielle Whelan, Town Attorney
Attest:
__________________________________________
Wendy Wood, Town Clerk
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Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT A – SCOPE OF SERVICES
The scope of services consist of the professional construction management, inspection, and materials testing services necessary for the construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project.
The intent of this scope of work is to set forth the requirements and responsibilities of the Consultant to assure the quality and satisfactory completion of the construction project improvements in accordance with the approved construction documents and funding agreements. The scope of services requested is broad and as such not every required individual work item or deliverable has been specifically identified, however, the delivered scope of services is to be inclusive of all items of work necessary to successfully manage, guide, inspect, test, coordinate, and document the project through construction completion and project close out within the framework required for the Town to obtain reimbursement of federal and other grant funds allocated to the project. The Consultant is expected to furnish all manpower, equipment, and incidentals as required to complete the requested scope of services as generally described below for the project. The Consultant CM/RE will work closely with and report to the Town’s Project Manager. A construction contract time of 270 working days has been allocated for the project construction. The scope of services herein is to be delivered in coordination with the construction contract activities as necessary to allow for the construction completion and all follow up reporting requirements.
TASK 1. CONSTRUCTION MANAGEMENT AND COORDINATION
The Consultant shall provide all the necessary project management, administration, and coordination with the Town, Caltrans, and other internal/external stakeholders to achieve the project’s objectives and successful project construction completion. The Consultant shall proactively provide direction to the Town regarding the project tasks necessary to deliver the federally and locally grant funded project consistent with Caltrans permitting requirements, federal reimbursement requirements, and funding agreement requirements. The Consultant shall be responsible for project management activities throughout the life of the contract.
The Consultant will serve as the Town’s full time Construction Manager/Resident Engineer (CM/RE) and on-site representative and will be responsible for providing and managing a complete construction management team to complete tasks and activities as outlined in these Requested Scope of Services.
Consultant shall provide a CM/RE who is dedicated to the project through project close out to serve as the Town's resident engineer and project team leader. The CM/RE shall be a licensed Professional Civil Engineer Registered in the State of California. Consultant shall also provide the services of a Professional Structural Engineer Registered in the State of California for assistance on the submittal reviews and inspections of retaining walls and bridge structures, and as otherwise needed.
In general, CM/RE shall have the following duties:
1.1. CONSTRUCTION MANAGEMENT PLAN - The Consultant CM/RE shall develop a project specific Construction Management Plan (CMP) for the Town's approval. The plan shall identify the project team members and indicate the standards and level of effort anticipated to be adhered to during all phases of the project by the CM/RE, additional inspector(s), and materials testing personnel and laboratories, and other
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project team members, including the Contractor’s Project Manager, Superintendent and the Town’s Project Manager. The plan shall describe important project milestone deliverables and timing and shall be based on the activities presented in Chapters 16 Administer Construction Contracts and 17 Project Completion of the LAPM and other documents listed below. At a minimum, the plan shall include the sections listed below:
i. Project Team Organization
ii. Meetings
iii. Communications Management
iv. Documentation Control/Filing
v. Preparation of Management Reports
vi. Clarifications and Contract Interpretations of Specifications vii. Materials Submittals/Shop Drawings
viii. Design Modifications
ix. Change Orders
x. Schedule Management
xi. Budget Management
xii. Claims Management
xiii. Progress Pay Estimate Preparation
xiv. Inspection and Inspection Reporting
xv. Materials Testing and Testing Documentation
xvi. Defective Work Correction
xvii. Special Inspections/Testing
xviii. Special Certifications
xix. Traffic Control
xx. Record Drawings
xxi. Permit and Regulatory Agency Compliance
xxii. Handling of Hazardous Soil/Substances
xxiii. Environmental Commitments Record Compliance
xxiv. Complaint and Community Relations Procedures
xxv. Job Site Safety
xxvi. Photo/Video Documentation
xxvii. Certified Payroll Review
xxviii. DBE Monitoring
xxix. Federal Trainee Program
xxx. Labor Compliance Monitoring
xxxi. Training - Contractor, Town Staff, Others
xxxii. Other Tasks
All activities in the CPM shall be performed in accordance with the following documents:
Approved Project Documents and Plans
Regulatory Agency Permits
Caltrans Local Assistance Procedures Manual (LAPM) for RE expectations
Caltrans Standard Plans 2018
Caltrans Standard Specifications 2018
Caltrans Construction Manual
Caltrans Construction Records and Procedures Manual
Caltrans Standard Test Methods
Caltrans Surveying Manual
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Caltrans Manual of Traffic Control for Construction and Maintenance Work Zones
Caltrans Independent Assurance Manual
Town of Los Gatos Quality Assurance Program
1.2. PROJECT BACKGROUND AND PRE-PROJECT ACTIVITIES – Complete a full review of the contract documents and project area. Review and understand the Mitigation Monitoring & Reporting Program (MMRP) and the Environmental Commitments Record (ECR) and mitigation measures. Raise any questions or inconsistencies to the Town prior to construction. Conduct constructability review of plans and specifications. Identify potential construction challenges and identify and implement proactive mitigation measures. Document preconstruction conditions via videotaping and photo documentation and maintain photographic records during the project construction. Prepare LAPM Chapter 16 forms for use during construction.
1.3. PROJECT DOCUMENTATION AND FILING SYSTEM - Set up and use a project filing system and information tracking system consistent with the LAPM Chapter 16 - Organization of Project Records, or the Caltrans Construction Manual Section 5-102:
Organization of Project Documents. Provide continual Town access to project files.
Record keeping and project documentation shall be consistent with the Caltrans Construction Manual and LAPM. Prepare and maintain all files in an audit-ready state. At the end of construction, all project files in project filing system to be submitted to the Town in hardcopy and electronic format.
1.4. MATERIALS TESTING, QUALITY CONTROL, QUALITY ASSURANCE and INDEPENDENT ASSURANCE PROGRAMS - Review and approve the Contractor’s Quality Control (QC) Program for compliance with project specifications. Implement the Quality Assurance Program (QAP) and Independent Assurance Program (IAP).
Coordinate, manage, schedule, and assure performance of all required materials testing and quality assurance testing per the Contractor’s QC program, Caltrans requirements and Town’s QAP. The Consultant shall use the Town’s QAP and the Caltrans Construction Manual to identify and prepare a listing of the required project specific materials testing and inspections. The listing shall be provided to the Town prior at the beginning of the project and shall be updated as necessary during construction. CM/RE shall ensure that all field personnel who perform tests are certified to conduct the required test and all materials testing meets Caltrans and permitting requirements. Identify, schedule and coordinate any required source inspections for the project. Verify and document the IAP is being executed appropriately, obtain certifications of all sampling and testing personnel, qualifications of all laboratories, and verify all equipment calibrations.
1.5. MATERIALS SUBMITTALS - Review the materials submittals list contained in the contract documents and the Notice of Materials to be Used from the Contractor.
Determine if additional submittals will be required. Prepare a comprehensive listing of any additional submittals to be required from the Contractor, including but not limited to, shop drawings, traffic control plans, product data, and product samples. Receive, track, review, process, and document all submittals and provide responses as outlined in the CMP. Ensure materials to be used on the project are in compliance with the construction contract documents and Caltrans requirements. Provide timely responses to the Contractor’s submittals. Identify and track acquisition of long-lead time materials and equipment, and work with contractor for early purchasing where necessary. Ensure the “Buy America” provisions of the Construction Contract are being met. Consultant shall also provide the services of a Professional Structural Engineer Registered in the State of California for assistance on the submittal reviews and inspections of retaining walls and bridge structures, and as otherwise needed.
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1.6. PROJECT TEAM MANAGEMENT - Provide day-to-day ongoing management and administration of the project team, including inspection and testing services to assure compliance with items of work required by the contract documents and grant funding agreements. Provide technical oversight, instruct, and advise Town staff and project team regarding construction guidelines, standards, policies, and procedures. Manage coordination between Town, Contractor, Stakeholders, and Caltrans' representatives.
1.7. UTILITY RELOCATION - Assist in the coordination between utility company and the Contractor for required utility relocation. Coordinate with resource agencies, as needed, to obtain and demonstrate compliance with regulatory permits and regulations.
1.8. MEETINGS - Conduct and coordinate all project team meetings. i. In coordination with the Town’s Project Manager, schedule and lead the preconstruction meeting with the Contractor, Subcontractors, regulatory agencies, grant agencies, and utility company representatives. ii. Periodic meetings shall include daily discussions between the construction manager or designated representative and the contractor; weekly contractor meetings; weekly meetings between the construction manager and the Town; and meetings scheduled as needed with regulatory agencies, utilities, design Consultant, other groups, or agencies.
iii. Schedule, organize, lead, and provide follow up for regularly weekly scheduled construction progress meetings with Town staff, Contractor and Subcontractor and representatives as necessary.
iv. Prepare and distribute agendas, detailed meeting minutes, and action logs for all weekly meetings. Include summaries of work that is currently being performed, work that is behind schedule, unresolved deficiencies and defective work, outstanding change orders and status of any claims.
1.9. SCHEDULE - Review and monitor the Contractor’s construction schedule throughout the construction process. Identify and monitor milestones, dates for decisions required from the Town, deliverables to be furnished, and testing to be scheduled/completed.
Review schedule weekly with the Contractor and project team. Discuss two-week look ahead schedules at each weekly meeting.
i. Work with the contractor to maintain the original project schedule. ii. Show current conditions and suggest revisions that may be required. iii. Evaluate schedule modifications, necessary schedule revisions, and monitor progress.
iv. Enforce project requirements for Contractor’s submittal of formal schedule updates.
v. Track delays or accelerations based on actual contractor operations as defined in the CMP.
1.10. PROJECT BUDGET/COST CONTROL/MONTHLY PROGRESS PAYMENTS - Review, monitor and manage the construction contract budget and Consultant services budget. Implement necessary procedures for an effective system of cost control to track progress payments, contract change orders, claims, and extra work requests. Prepare quantities and estimates for monthly progress payments, for both the Contractor and Consultant services, and recommend approval to the Town.
Maintain cost accounting records (progress payments, contract change orders status, etc.) in accordance with the Caltrans Construction Manual and LAPM. The calculations of quantities and all other documentation shall be in forms approved by Caltrans and the Town.
i. Provide and manage consultant services within contract amounts identified as “not to exceed”.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 5
ii. Provide the Town with monthly updates regarding costs to date, percent complete, and estimated cost at completion for construction contract and consultant services contract.
iii. Evaluate budget impacts for all proposed contract change orders and make recommendations to Town.
iv. Provide required reporting regarding project budget. v. Monitor budget compliance throughout the contract process. vi. Prepare cost estimates to verify change order claims.
1.11. PUBLIC COORDINATION AND OUTREACH
i. Field public inquiries, correspondence, and complaints regarding the project.
Track and follow up on public correspondence and complaints. All project complaints are to be documented, tracked, and discussed at the weekly project meetings until resolution. Summary reports shall be provided to the Town on a monthly basis.
ii. Monitor and enforce the Contractor’s requirements for community notification and outreach.
iii. Provide the Town with timely project updates for posting on the Town’s project web-page and other social media posts.
1.12. PROJECT CLOSE-OUT – Administer and manage the project closeout process. The project completion activities shall follow Caltrans Construction Manual/LAPM and will include, but not be limited to, the following:
i. Schedule a walk through with the Town and other agency representatives and coordinate preparation of a “punch list” of incomplete or unsatisfactory items and submit the list to the contractor.
ii. Finalize bid items, claims, change orders, punch list items, and submittal corrections.
iii. Oversee completion of record drawings.
iv. Verify all operating and/or regulatory agency permits are obtained, and inspections are complied with and completed. Verify acceptance and approval of the project by all regulatory and permitting agencies having jurisdiction over the project.
v. Once all work is complete, deliver a statement to the Town indicating that the project has been completed in accordance with the project conditions of approval, project improvement plans, and the construction contract documents and recommend the Town accept the Project.
vi. Prepare Notice of Completion
vii. Provide the Town and State Representative with a post construction “Certificate of Compliance with Americans with Disabilities Act (ADA)” (TR0405) stamped and signed by the Consultant CM/RE California Licensed Professional Engineer per requirements in the Encroachment Permit issued for the project.
viii. Prepare the required Caltrans project closeout documentation and final reports.
ix. Finalize all project documentation and turn over all project electronic (and paper if applicable) files, photos, and reports in a neat and organized manner for Town archival purposes. Submit to the Town, the following close out items.
1. All files, records, maps, and plans maintained during construction.
2. All approved shop drawings, submittals, and manufacturer’s literature maintained during the construction project.
3. One complete set of annotated project progress photographs, bound chronologically, and videotapes taken before and during construction.
4. One set of red-line drawings of field changes in neat red pencil
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 6
maintained by the Consultant.
5. The original set of all permits, inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules,
correspondence, and other documents related to the construction work as it was being installed.
6. A revised CAD drafted set of plans with all changes and/or substitutions incorporated accurately and completely and a recommendation the Town to accept the plan set as its Record Drawings.
7. Prepare final project reporting satisfying requirements of grant funding agencies.
8. Final DBE Utilization Report.
9. Final Expenditures Report.
DELIVERABLES:
o Construction Management Plan,
o Construction Meeting Agendas and Meeting Minutes,
o List of materials to be tested,
o Constructability review,
o One complete set of annotated project progress photographs, bound chronologically, and videotapes taken before and during construction,
o All Project Construction Records – organized in tabulated binders and electronically available in the cloud with download rights for at least 6 months after the contract close out, including:
o Required project close-out reports and certifications, signed and stamped by the CM/RE, as required,
o One set of red-line record drawings documenting any changes and/or substitutions that have been reviewed for accuracy and completeness, o A revised CAD drafted set of plans with all changes and/or substitutions incorporated accurately and completely and a recommendation the Town to accept the plan set as its Record Drawings,
o Final project reporting satisfying requirements of grant funding agencies, o Certificate of Compliance with Americans with Disabilities Act, o Final DBE Utilization Report, and
o Final Expenditures Report.
TASK 2. CONSTRUCTION INSPECTION
Services will include interpretation of and enforcement of Contractor’s conformance to the project plans, specifications, contract documents, grant funding agreements, and regulatory permits.
CM/RE will assess the acceptability of the Contractor’s work by visual observation, photo, and video documentation. When necessary, issue Notices of Non-Compliance and/or take other action to ensure correction of deficiencies. If safety violations are observed, take appropriate action to ensure correction. Manage requests for clarification, coordinate work with the design engineer as required, and manage the project changes (including change order preparation and coordination), evaluate contractor’s claims, and prepare progress pay estimates. Perform resident engineering and inspection duties including performing inspections, preparing daily observation reports, reviewing and documenting extra work reports, preparing weekly statement of working days to track project time, measure and track progress of work, coordinate construction quality control sampling and testing, confirm general conformance with project plans, specifications, contract and labor codes, permits and agreements, and all associated documentation and record keeping. Services are anticipated to be required for night/weekend
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 7
work and includes night/weekend work construction inspection.
Consultant shall provide sufficient inspectors with appropriate certifications and qualifications to adequately inspect all Contractors’ construction work. Provide field inspection of Contractor’s construction work on a daily basis. Review all construction activities and provide for inspection of all tests required to be performed by the Contractor or referenced in the Contract Documents.
Monitor the Contractor’s performance from the perspective of quality, cost, and schedule, and enforce the requirements of applicable specifications. Inspection reports and diaries of Contractor’s construction activities shall be completed daily and be available to the Town at any time. Compare notes with the Contractor’s representative at the end of each day to confirm work that was accomplished, and quantities placed.
All construction management, inspection, and related activities shall be completed as described in the Construction Management Plan (CMP) prepared by the Consultant and approved by the Town, including, but not limited to the following tasks:
2.1 FIELD INSPECTIONS – Shall include, but not be limited to, the following activities:
i. Perform field inspection of all improvements indicated on the plans and specifications.
ii. Report issues requiring City resolution immediately upon discovery. Notify the Town of any errors or omissions that are found on the plans or specifications during construction immediately after such errors are discovered. Properly inform the Town of field issues that may have cost or schedule impacts within a timely manner.
iii. Secure the Town's approval prior to authorizing extra work. Prepare time impact analysis for any changes in working days related to changed conditions.
iv. Review Traffic Control Plans and coordinate with Town Traffic Engineer and Town Project Manager.
v. Respond to questions from the public concerning the project work and schedule.
vi. Inspect tree protection, traffic control, and erosion control measures as often as necessary to assure activities meet with the project permits, regulatory requirements, and approved plans and submittals.
vii. Monitor and inspect existing structures, landscaping, and other improvements within the adjacent private properties for damage caused by the contractor’s operations.
viii. Ensure the safety of Consultant's own staff on the project site and collaboratively work with the Town and Contractor to promote site safety.
Provide notification to Contractor when contract provisions for the protection of the public and project personnel are not being followed. ix. Process Contractor substitution requests/review substitutions with Town. x. Maintain and ensure that as-built drawings and specifications are updated. xi. Manage project SWPPP program including QSP and/or QSD duties, as outlined in the State of California State Water Resources Control Board Storm Water General Permit.
xii. Monitor the Contractor's compliance with storm water pollution control plan documentation requirements and implementation of storm water Best Management Practices (BMPs).
xiii. Manage implementation of MMRP.
xiv. Perform nighttime inspections as necessary.
xv. Monitor and ensure implementation of the Contractor’s Quality Control plan, required testing and inspections.
2.2 DAILY/WEEKLY REPORTING - Prepare daily inspection reports and weekly statement of working days. Create and maintain daily
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 8
construction diaries and weekly statement of working days, document and log of activities of the work progress as required to be kept on file in accordance with practices required for the administration of federally assisted construction contracts and the LAPM, and as required for submittal to Caltrans upon project completion or audit.
Daily inspection reports shall be consistent with the Caltrans Construction Manual and shall include, at a minimum, the following daily information:
i. Number of employees working, classification of each employee, and hourly summary of employees' activity
ii. Material deliveries
iii. Number, type, and hourly summary of contractor’s equipment on site - both working and not used
iv. Weather conditions
v. Discussions with the contractor
vi. Problems and issues dealt with
vii. Changes
viii. Work completed that day
ix. Itemization of extra work
x. Any other information necessary to create a satisfactory record of the day's activities at the project site in accordance with standard inspection practice xi. Abnormal occurrences and unforeseen conditions shall be noted in the reports
xii. Document special situations by photograph, written record, and video
2.3 MATERIALS SUBMITTALS / SHOP DRAWINGS –Monitor on-site construction materials and ensure the materials incorporated into the construction of the project are consistent with the approved materials submittals, mix designs, certificates of compliance, Buy America provisions, and shop drawings.
2.4 PERMIT COMPLIANCE - Ensure Contractor's compliance with the requirements of the state and local agencies, including encroachment permits, regulatory permits, regulations, etc.
2.5 REQUEST FOR INFORMATION (RFI) - Review, coordinate, track, and respond to all contractor requests for information (RFIs) and responses. Issue necessary clarifications and interpretations of the contract project documents in response to requests by the contractor in a manner as described in the CMP.
2.6 CONSTRUCTION CONTRACT MODIFICATIONS - Contract Modifications include Extra Work, Contract Change Orders, and Claims. Evaluate, process, and manage all potential contract modifications, change orders, and notice of potential claims.
Evaluate cost reduction incentive proposals and provide recommendations to the Town. Track extra work costs in the field. Review cost proposals submitted by Contractor and negotiate and prepare contract change orders. Review all requests for merit, perform an independent estimate, and make recommendations to the Town for consideration. Complete all required documentation to process changes. Weekly reports to the Town shall include the status of any outstanding contract change orders and notices of potential claims. If the CM or field inspector receives a notice of claim from the Contractor, the CM shall immediately notify the Town and work toward a timely resolution of the claim with the Contractor. The Consultant shall support the Town in any post-construction completion dispute with the Contractor, rendering reasonable assistance, providing access to its records, but is not intended to require retention of independent experts.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 9
2.7 PROGRESS PAYMENTS – In coordination with the Contractor, Consultant shall agree on monthly Contractor progress payment requests detailing work installed during the specific pay period, including any approved contract modifications, extra work, or change order work. Consultant shall present progress payments to Town with a recommendation for processing with all required backup per the contract documents. Progress payment requests shall be in a form acceptable to the Town.
2.8 FINAL CONSTRUCTION PROJECT INSPECTION - Coordinate and consolidate final inspections and punch list for completion.
i. Organize final project site walk and prepare final punch list. Coordinate with contractor to ensure all outstanding project items are addressed prior to final completion.
ii. Assist in any Contractor claim analysis and dispute resolution. iii. Review the final record drawings submitted by the contractor at the completion of construction. Prepare correction memos for the contractor to perform record drawing revisions.
iv. Review the Contractor's red-line as-built plans and ensure that the red-line changes are incorporated by the design engineer into the final electronic version of the as-built plans. Coordinate submittal of the as-built plans to Caltrans and the Town.
v. Obtain and review any required operating manuals and warranties and submit to Town.
vi. Provide final inspection services, including testing and installed facilities. vii. In coordination with the Project Manager, prepare project reports to be submitted and approved by Town Council and attend meetings, as needed. viii. Prepare final progress payment per contract documents and obtain subcontractor’s releases as necessary.
2.9 DELIVERABLES:
o Daily project inspection diaries,
o Weekly statement of working days,
o Contact progress payment requests,
o Contract modification documentation, and
o Punch list and final project close out documents.
TASK 3. MATERIALS TESTING
Schedule, manage, perform, and document all field and laboratory testing services, including night and weekend work as needed. Material testing shall conform to the requirements and frequencies as defined in the Caltrans Construction Manual, Caltrans Materials Testing Manuals, and the Town Quality Assurance Program.
The Consultant will provide all required QAP and IAP materials testing through a Caltrans certified laboratory and shall schedule, coordinate, monitor, track and document all field and laboratory testing of soils, backfill, structural backfill, aggregate base, asphalt, concrete, and other testing as required by the contract documents and the Town and Caltrans Quality Assurance Programs. The Consultant must be qualified to obtain compliance with Caltrans Independent Assurance Manual and Caltrans Construction Manual. The Consultant shall provide Caltrans certified technicians as required to complete all testing work, and all laboratory facilities shall be Caltrans certified to perform the respective tests. The Consultant CM/RE will review results of tests and take the appropriate action in the field with the Contractor. All testing shall be tracked and documented by the Consultant, and copies of all test results shall be provided to the Town as
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit A – Scope of Services Federal Project No. CML-5067(021) Page 10
a part of the weekly reports. The Consultant shall work with the Contractor to resolve deficiencies or defective work.
Provide specialty material testing and source inspection and testing, if required, for materials and equipment manufactured off-site.
DELIVERABLES:
o Materials testing logs and test results
TASK 4. LABOR, DBE, FEDERAL TRAINEE COMPLIANCE
Consultant is responsible for reviewing Contractor weekly certified payrolls for compliance with State requirements. Consultant shall interview Contractor and Subcontractor employees and verify the payment of prevailing wage rates. Consultant shall review and update labor documents after each payroll period. Consultant shall assist with enforcing the requirements of the California Labor Code as they pertain to the project and consistent with the Caltrans Construction Manual.
Prepare a Labor Compliance Monitoring Report at the conclusion of the project.
Consultant will obtain proof and provide documentation of the Contractor’s compliance with the Federal Trainee Program.
Consultant shall work with Contractor to obtain and review the final DBE participation report and other documentation as required of federally funded projects.
DELIVERABLES:
o Compliance monitoring reports
o Final DBE Utilization report
TASK 5. SUPPLEMENTAL REPORTS AND SERVICES
Supplemental work items, reports, or services may be required for the completion of the project.
These services or subtasks may or may not ultimately be required by Caltrans, VTA, or the Town.
Should any of the services or subtasks be required, the Consultant will provide the required lump sum cost proposal for the work and upon Town’s approval, the Town will provide a written authorization to proceed with the subtask, with deliverables and lump sum payment identified.
There is no guarantee, either expressed or implied, that the services and costs shown for Task 5 will be authorized in full.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit B – Cost Proposal Federal Project No. CML-5067(021) Page 1
Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT B – CONSULTANT’S COST PROPOSAL
July 3, 2023
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project TLG 18-832-4505 Exhibit C – Consultant DBE Contract Commitment Federal Project No. CML-5067(021) Page 1
Town of Los Gatos - CONSULTANT SERVICES AGREEMENT (Continued) EXHIBIT C – CONSULTANT CONTRACT DBE COMMITMENT
(CALTRANS EXHIBITS 10-O1 & 10-O2)
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LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT Town Of Los Gatos 22%
Los Gatos, CA
Zoon Engineering, Inc.
Construction Inspection services Jaemin Park (925) 818-3756 [email protected] 22.08
22.08 03/08/2023
Nabil Hissen (925) 451-1585
CEO
41711
TLG 18-832-4505
CML -5067(021)
August 1, 2023
#1
07-03-23
Michelle Quinney 408-827-3552
Special Project Manager
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25. Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT Town of Los Gatos 22% Los Gatos, California Zoon Engineering $ 534,686.03 2 1220822.07
Construction Inspection services to be
proivded by Park Engineering, Inc. 41711
Jaemin Park (925) 818-3756
[email protected] $ 269,570.39
269570.39 18-832-4505(CM) CML-5067(021) 7/12/23 Michelle Quinney 408-827-3552 Special Projects Manager 22.08 7/22/20 Nabil Hissen (925) 451-1585 CEO Nabil Hissen Digitally signed by Nabil Hissen Date: 2023.07.11 14:42:31 -07'00'
08-01-23
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Human Resources 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: 08/01/2023
ITEM NO: 10
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Updated Police Officer Association Salary Schedule, Effective July 9, 2023, to Correct a Mathematical Error to the Police Sergeant Classification RECOMMENDATION:
Adopt an updated Police Officer Association (POA) Salary Schedule, effective July 9, 2023 (Attachment 1), to correct a mathematical error to the Police Sergeant classification.
REMARKS:
On June 20, 2023, the Town Council adopted the salary schedules for all Town units, including POA. Subsequently, staff discovered that the intended 3% increase for the Police Sergeant classification was erroneously calculated at 2.57%. To correct this mathematical error, Council needs to adopt the corrected Salary Schedule (Attachment 1).
All affected staff have been notified of the error. If Council adopts the updated Schedule, these staff members will receive retroactive pay to achieve the full 3% as intended.
COORDINATION:
The preparation of this report was coordinated between the Human Resources and Finance Department, the Town Attorney, and Town Manager.
FISCAL IMPACT:
As the 3% was negotiated with the POA and is included in the approved Memorandum of Understanding, this increase is included in the Fiscal Year 2023/24 Adopted Budget.
PAGE 2 OF 2
SUBJECT: Updated POA Salary Schedule
DATE: July 27, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Updated POA Salary Schedule, Effective July 9, 2023
Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant 04-0721 1 $72.02
Appointment before 03/01/2015 2 $75.62
3 $79.40
4 $83.37
5 $87.54
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant 05-0721 1 $72.02
Appointment after 03/01/2015 2 $75.62
3 $79.40
4 $83.37
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $59.75
2 $62.74
3 $65.88
4 $69.17
5 $72.63
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $56.92
2 $59.77
3 $62.76
4 $65.90
5 $69.20
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee * 01-0710 1 $54.07
* 95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS) Reflects General Increase of 3%.
Town of Los Gatos POA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
POA 3% 1 Page 383 ATTACHMENT 1
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 11
DATE: July 17, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges RECOMMENDATION:
Conduct a public hearing to consider objections to the 2023 Weed Abatement Program Assessment Report (Attachment 1) and adopt a resolution (Attachment 2) confirming the report and authorizing collection of the assessment charges.
BACKGROUND:
The Weed Abatement Program (the Program) is a different, but complementary program to the Brush Abatement Program. Both programs work to protect the Town by preventing fire hazards created by vegetative growth and the accumulation of combustible debris with the goal of voluntary compliance. The Town of Los Gatos Municipal Code Chapter 11, Article II, requires property owners to prevent potential fire hazards to provide protection for the property and any nearby structures by clearing hazards. The Program is administered by the County on behalf of the Town and is funded from fees assessed on the properties included on the assessment list. Every year while in the Program, each of the property owners are charged an annual compliance inspection fee and some incur costs for additional inspections, administrative, and abatement fees.
Typically, a property is placed in the Program after a County inspector identifies a potential fire hazard on the premises. Fire Departments, Code Enforcement, Public Works, and other public agencies can also submit complaints to the County. Once a parcel is placed in the Program, it will remain until it displays compliance for three consecutive years, at which point it will be removed.
PAGE 2 OF 3
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 17, 2023
BACKGROUND (continued):
Property owners in the Program are given the opportunity to abate their weeds prior to receiving an annual compliance inspection by County staff to confirm if the property has been cleared of hazards according to the requirements defined in the Santa Clara County Weed Abatement Program
(https://weedabatement.sccgov.org/sites/g/files/exjcpb431/files/Program-GuidelinesBrochure.pdf). If the property owner has not complied with the requirements of the Program by the time of the County inspection, then the Town authorizes the County to remove the weeds. The County recovers its costs through a special assessment on each parcel’s property tax bill.
On December 6, 2022, the Town Council passed Resolution 2022-074 (Attachment 3) declaring hazardous vegetation (weeds) a public nuisance, providing for their abatement, and setting January 17, 2023 as a public hearing date for the annual program. The County mailed property owners a notice of the January 17, 2023 Public Hearing for the Los Gatos jurisdiction along with guidelines on the Weed Abatement Program.
DISCUSSION:
The 2023 Weed Abatement Assessment Report list includes assessment charges for the annual compliance inspection fee of $92, and any additional inspection, administrative, and abatement fees as described in (Attachment 4). The attached resolution affirms these costs and acknowledges the costs will be assessed by the County Tax Collector against the respective properties.
In accordance with the Town Code Section 11.20.035, the assessment report was posted in three (3) prominent places in Town, one (1) of which was posted at Town Hall. The Town of Los Gatos mailed property owners a notice of the August 1, 2023 Public Hearing for the Los Gatos jurisdiction, including detailed information on the assessment charges and contact information for potential questions about the assessments (Attachment 5). A similar notice was also published twice in the Los Gatos Weekly, a newspaper of general circulation published in the Town. This public hearing is an opportunity to allow property owners who are on the assessment report to object to the assessment. At this time, no objections have been received.
CONCLUSION:
Staff recommends that the Council conduct a public hearing to consider objections to the 2023 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing collection of the assessment charges.
PAGE 3 OF 3
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges DATE: July 17, 2023
COORDINATION:
This program has been coordinated with the County's Consumer and Environmental Protection Agency (CEPA) - Weed Abatement Program.
FISCAL IMPACT:
Funds allocated in the adopted Operating Budget cover the cost of publishing the legal notices for the program. The County’s cost to administer and carry out the program are recovered through the tax roll assessment charges levied against the properties included in the assessment report.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2023 Weed Abatement Program Assessment Report
2. Resolution Confirming the Report and Authorizing Collection of the Assessment Charges
3. Resolution 2022-074 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement
4. County Letter to Property Owners (December)
5. Town Letter to Property Owners (July)
1 of 2
Draft Resolution Date
ATTACHMENT 2
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY,
AND SHOWING AMOUNT OF HAZARDOUS VEGETATION(WEEDS)
ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE
SECURED PROPERTY TAX ROLL OF THE TOWN OF LOS GATOS IN
THE COUNTY OF SANTA CLARA, FOR 2023
WHEREAS, the Town Council of the Town of Los Gatos, pursuant to Sections 39501 and 39502 of the Government Code of the State of California, has adopted by ordinance a procedure for the abatement of hazardous vegetation (weeds) and the collection of the charges therefore on the tax roll, as contained in Chapter 11, Article II, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code; and
WHEREAS, pursuant thereto, Resolution No. 2022-074 declaring weeds a public nuisance and providing for their abatement, was adopted by the Town Council on December 6, 2022; and WHEREAS, pursuant to notice duly and regularly given, the public hearing was held with respect thereto on January 17, 2023, considering objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2023 Weed Abatement Commencement Report and ordering abatement of weeds as a public nuisance, was adopted by the Town Council; and
WHEREAS, a written report has been filed with the Town Clerk of the Town of Los Gatos, containing a description of each parcel of real property, and showing the amount of the charge to be collected on the secured property tax roll with respect thereto, computed in conformity with the charges prescribed by said ordinance; and
WHEREAS, the Town Clerk has set the 1
st day of August 2023, utilizing teleconferencing,
as the time and place when and where said Town Council would hear and consider all objections or protest, if any, to said report.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council does hereby find and declare:
1. That notice of said public hearing was duly and regularly published and given as required by Section 11.20.035 of the Los Gatos Town Code and as otherwise
2 of 2
Draft Resolution Date
ATTACHMENT 2
required by law; and
2. All persons desiring to be heard during said hearing were given an opportunity to do so, all matters and things pertaining to said report were fully heard and considered by the Town Council, and all protests and objections, if any, are hereby overruled.
FURTHER RESOLVED, that said report, and each charge thereon, with any charges that may be noted on the face of said report pursuant to action taken by this Town Council, is hereby confirmed and approved.
FURTHER RESOLVED, that the charges are affirmed and shall be assessed against the real properties listed on the property tax bill if not sooner paid.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1
st day of August 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: __________________
Attachment
3
Attachment
4
(over)
TRA 03
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 6, 2022, pursuant to the provisions of Section
11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.020 of such code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall within thirty days after the adoption of such resolution, or within the time specified in a written agreement with the Director of Parks and Pubic Works of the Town of Los Gatos, or the Director of Parks and Pubic Works' representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front, and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town at 110 East Main Street, Los Gatos, California, on Tuesday, January 17, 2023 at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.
The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.
(over)
LOS GATOS WEED ABATEMENT PROGRAM SCHEDULE
January 17, 2023 Public hearing to consider objections to Abatement List.
April 15, 2023 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.
July-August, 2023 Assessment Hearing to protest abatement charges (Date subject to change, please confirm with City Clerk)
2023 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $92.00 per parcel.
Please be advised that the property owner of any parcel found to be non-compliant on or after the March 1st deadline will be charged a processing fee of $519.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.
Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $891.00 per parcel. 2023 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $412.39 $165.79 $578.18
12,501sq.ft.- 43,560sq.ft. $412.39 $165.79 $578.18
Larger than 1 Acre $299.56 $146.30 $445.86 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.
B) HANDWORK $5.57 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.11 PER 1,000 SF
MOWING 12 Foot Mower $7.11 PER 1,000 SF
D) LOADER WORK $170.40 PER HOUR
E) DUMP TRUCK $157.29 PER HOUR
F) BRUSH WORK $5.32 PER 100 SF
G) DEBRIS REMOVAL $58.52 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.
Sample
MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program
1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]
1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.
2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.
3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.
4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.
5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.
6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.
7. Keep vegetation cleared from under the eaves of houses.
8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.
9. Clear leaves, pine needles and debris from roof and gutters.
The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.
Trees:
African Sumac
California Pepper
Shrubs:
Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:
Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)
The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.
The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.
This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.
Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.
Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.
Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.
Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.
Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.
Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.
Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.
More FAQ:
Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.
Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.
Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.
Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.
Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.
You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.
Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.
Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required. Page 399
ATTACHMENT 5
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
July 17, 2023
RE: NOTICE OF PUBLIC HEARING ON AUGUST 1, 2023, AT 7:00 P.M. TO CONSIDER THE 2023
WEED ABATEMENT PROGRAM ASSESSMENT REPORT AND ADOPT A RESOLUTION
CONFIRMING THE REPORT AND AUTHORIZING COLLECTION OF THE ASSESSMENT
CHARGES
You are receiving this letter because you own a parcel that is included in the 2023 Weed Abatement program. On December 6, 2022, the Town Council authorized the initiation of the annual Weed Abatement program.
The Town Council of the Town of Los Gatos has scheduled a public hearing on August 1, 2023 to consider the 2023 Weed Abatement Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges.
The attached Assessment Report reflects the charges that will be assessed on your tax roll.
A copy of the letter you received in December 2022 describing the charges is attached for your reference.
If you have questions about the program or proposed charges, we encourage you to contact the Santa Clara County Weed Abatement Department PRIOR to the public hearing at 408-282-3145.
By contacting the County (who manages the program for the Town), you will be able to discuss any concerns you may have, with the intent of achieving resolution prior to the public hearing procedure.
IMPORTANT NOTICE: This is a hybrid meeting and will be held in person at the location listed on the agenda and virtually through the Zoom webinar application. Members of the public may provide public comments during the public hearing in person or virtually through the Zoom webinar, by following the instructions listed on the meeting agenda. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
When the meeting agenda is posted, it will include instructions for the participation in the public process. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube
Town Council reports related to the Weed Abatement program may be viewed on the Town’s website at www.LosgatosCA.gov – under the Agenda & Minutes page. The Council dates that contain these reports are December 6, 2022, January 17, 2023, and August 1, 2023 (8/1 will be available for public review three days prior to the meeting).
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
ATTACHMENT 5
Persons wishing to protest the proposed assessment report and/or collection of assessment charges may do so by mailing the protest to the Town Clerk 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk - [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than 11:00 a.m. on August 1, 2023, as described above. Protests must identify the grounds for the protest, the person filing the protest, and the property owned by the person filing the protest.
All INTERESTED PERSONS are encouraged to appear at the Public Hearing and be heard. If anyone wishes to challenge the action on the above application in court, they may be limited to raising only those issues they or anyone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing. Deadline for all written correspondence is 11:00 a.m. the day of the meeting.
Sincerely,
Meredith Johnston
Administrative Technician, Parks and Public Works
PREPARED BY: Meredith Johnston
Administrative Technician 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: 08/01/2023
ITEM NO: 11
DESK ITEM
DATE: August 1, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Weed Abatement Program Public Hearing to Consider Objections to the 2023 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges REMARKS:
Attachment 6 contains a public comment received between Monday, July 31, 2023, 11:01 a.m. and August 1, 2023, 11:00 a.m.
The protest is for parcel number:
424-10-009
ATTACHMENTS:
Previously received with the Staff Report:
1. 2023 Weed Abatement Program Assessment Report
2. Resolution Confirming the Report and Authorizing Collection of the Assessment Charges
3. Resolution 2022-074 Declaring Hazardous Vegetation (Weeds) a Public Nuisance and Providing for their Abatement
4. County Letter to Property Owners (December)
5. Town Letter to Property Owners (July)
Received with this Desk Item:
6. Public comment received between Monday, July 31, 2023, 11:01 a.m. and August 1, 2023, 11:00 a.m.
From: Undine Tsai
Sent: Monday, May 15, 2023 10:26 PM
To: [email protected] <[email protected]> Cc: Undine Tsai < >
Subject: Parcel# 424-10-009 weed been abated photos proofed
Sent from my iPhone
From: Kumre, Moe <[email protected]>
Sent: Tuesday, August 1, 2023 10:34 AM
To: Meredith Johnston <[email protected]>
Subject: RE: Parcel# 424-10-009 weed been abated photos proofed [EXTERNAL SENDER]
This parcel was added in 2021.
It was inspected on May 12, 2022, and found noncompliant at the time of the inspection.
It was inspected on April 27 of this year, and it failed again.
The fees assessed are for the inspection and work order processing and are even if the then brought into compliance.
Moe Kumre
Weed Abatement manager
County of Santa Clara
Consumer and Environmental Protection Agency
office: (408)282-3123 email: [email protected]
Reviewed by: Town Manager, Assistant Town Manager, Police Chief, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 12
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance’”
RECOMMENDATION:
Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos amending section 18.30.040, ‘Penalties for Violations,’ of Division 1, Article III, of Chapter 18 of the Town Code, ‘Social Host Ordinance.’”
BACKGROUND:
The Town adopted a social host ordinance in early 2022, which is codified in Town Code Sections 18.30.010 and following. The ordinance applies to underage social gatherings where intoxicants are consumed by underage persons. “Underage persons” is defined as those under twenty-one years of age. The ordinance prohibits underage social gatherings, where intoxicants are consumed by underaged persons, on private or public property in the Town. The ordinance renders parents or guardians jointly and severally liable for violations.
DISCUSSION:
Town Code Section 18.30.050 sets forth the penalties for violations of the ordinance. The penalties are a criminal citation or an administrative citation. To date, the Town has enforced the ordinance via administrative citations.
The Town’s process is that a Police Officer prepares a case report and forwards the report to the Town Attorney for review. If the report establishes that a violation occurred, the Town Attorney forwards the case report to the Town’s Code Compliance Officer for issuance of an
PAGE 2 OF 2
SUBJECT: Amendment to Social Host Ordinance
DATE: July 27, 2023
DISCUSSION (continued):
administrative citation and fine. As written, Section 18.30.040 requires that the administrative citation be issued within ten days of the violation. Over the past year, staff has observed that ten days is sometimes not enough time for the case report to be completed and forwarded to the Town Attorney for review and then forwarded to the Town’s Code Compliance Officer.
Other than the ten-day requirement in the Town Code, there is no legal requirement that citations be issued within ten days of a violation.
In order to allow sufficient time to process these violations, staff is proposing that the ten-day time limit be removed from the social host ordinance. A redline showing the proposed change to the ordinance is attached as Attachment 1. A clean version of the ordinance is attached as Attachment 2.
CONCLUSION:
Town staff is proposing that the ten-day time limit be removed from the social host ordinance.
COORDINATION:
This report was prepared by the Town Attorney in collaboration with the Police Department, Community Development Department, and Town Manager.
FISCAL IMPACT:
This will not affect the Town’s budget.
ENVIRONMENTAL ASSESSMENT:
The proposed ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have a significant impact on the physical environment.
Attachments:
1. Redline Proposed Ordinance
2. Clean Proposed Ordinance
Created: 2023-05-02 10:48:58 [EST]
(Supp. No. 91)
Sec. 18.30.040. Penalties for violations.
(a) The enforcement officer, at his or her discretion, may immediately issue a citation for violation of this Chapter upon evidence of the violation. There is no requirement of a first warning in order for the enforcement officer to issue this citation.
(b) Administrative Fine: A first violation of this chapter shall result in a citation with a one thousand five hundred dollar ($1,500.00) fine. A second violation and subsequent violations shall result in a citation with a three thousand dollar ($3,000.00) fine.
(c) The enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter within ten (10) days of the violation. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost recovery fee for public safety responses that may be assessed pursuant to section 18.30.040. ( Ord. No. 2330 , § 1, 5-3-22)
ATTACHMENT 1
1 of 3
Draft Ordinance Date Adopted
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 18.30.040, “PENALTIES FOR VIOLATIONS,“ OF DIVISION 1, ARTICLE III, OF CHAPTER 18 OF THE TOWN CODE, “SOCIAL HOST ORDINANCE” WHEREAS, the Town’s social host ordinance is codified at Town Code Sections 18.30.040 and following;
WHEREAS, Town Code Section 18.30.040 currently addresses penalties for violations for the social host ordinance;
WHEREAS, Section 18.30.040 (c) provides that the enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter within ten (10) days of the violation;
WHEREAS, staff has observed that ten days is insufficient time for the case report to be completed and forwarded to the Town Attorney for review and forwarding to the Town’s Code Compliance Officer;
WHEREAS, there is no state or local requirement that an administrative citation be issued within ten days of a Town Code violation; and
WHEREAS, staff is proposing an ordinance to amend the Town’s social host ordinance to remove the ten-day time limit;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 18.30.040, “Penalties for Violation” of Division 1, “Social Host Ordinance,” of Chapter 18, of the Town Code is amended to read as follows:
Sec. 18.30.040. Penalties for violations.
(a) The enforcement officer, at their discretion, may immediately issue a citation for violation of this Chapter upon evidence of the violation. There is no requirement of a first warning in order for the enforcement officer to issue this citation. (b) Administrative Fine: A first violation of this chapter shall result in a citation with a one thousand five hundred dollar ($1,500.00) fine. A second violation and subsequent violations shall result in a citation with a three thousand dollar ($3,000.00) fine.
ATTACHMENT 2
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Draft Ordinance Date Adopted
(c) The enforcement officer shall give notice of a violation of this chapter by issuing a citation to any and all responsible persons identified by the chapter. The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing.
(d) The administrative fine prescribed in this section is in addition to any cost recovery fee for public safety responses that may be assessed pursuant to section 18.30.040.
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION IV. Publication.
The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the
3 of 3
Draft Ordinance Date Adopted
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 13
DATE: July 10, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction on the Fiscal Year 2023/24 Work Plan
RECOMMENDATION:
Receive the Fiscal Year 2022/23 Parks Commission accomplishments and provide direction on the Fiscal Year 2023/24 Work Plan.
BACKGROUND:
The Town of Los Gatos Parks Commission (Commission) consists of six adult members and one Youth Commission representative. The Commission is advisory to Town Council, receiving public input, evaluating options, and making recommendations on policy issues pertaining to public parks, off-street trails, open space, grounds, and street trees. The Commission meets six times per year on even-numbered months.
In Fiscal Year (FY) 2022/23, the Commission heard reports and provided guidance on the following items:
Lyndon Bandstand Improvements
Open Space Vegetation Management
Volunteer Events
Park Operations
Holiday Events in Parks
Pickleball at La Rinconada Park and Blossom Hill Park Capital Improvement Needs for Parks
Parks Related Use Agreements
Parks Related Portions of the Senior Services Road Map
PAGE 2 OF 3
SUBJECT: Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction of the Fiscal Year 2023/24 Work Plan.
DATE: July 10, 2023
DISCUSSION:
At its meetings in April and June 2023, the Parks Commission discussed potential work plan items. Among the items discussed were:
1. Inventory of Park Assets – Evaluate existing amenities and potential future needs.
2. Trail Connectivity – Consider ways to connect trails between open space areas.
3. Street Tree Program – Develop an understanding of how this program functions, including the list of approved trees.
4. Meeting Schedule – Consider converting to a monthly meeting cycle to improve communication and outcomes.
5. Park Use Fees and Agreements – Reviewing use agreement terms and associated fees.
6. Pickleball and Tennis Court Usage and Requirements for Play – Evaluate options for reducing the impact on adjacent residents of pickleball play at La Rinconada Park. This may include changing the mode of play, limiting hours of play or identifying potential new court locations.
7. Art in Parks – Connecting with the Arts and Culture Commission to consider the addition of art in public parks to enhance the user experience.
In its discussion on June 5, 2023, the Parks Commission identified the priorities shown in Table 1 and proposes these as work plan items. The Commission did not recommend the “Inventory of Park Assets” and “Meeting Schedule” items for inclusion in the FY 2023/24 Work Plan.
Table 1. Parks Commission Work Plan for Fiscal Year 2023/24 Work Item Proposed Commission Approach Required Staff Support Trail Connectivity Formed Ad Hoc Committee for
evaluation and research with reporting
in June 2024
Periodic guidance / available
mapping
Street Tree Program Receive a staff report on the program Prepare a staff report and presentation for Commission
consideration
Park Use Fees and
Agreements
Receive a staff report and determine
next steps
Prepare a staff report and
presentation for Commission
consideration
Pickleball and Tennis
Court Usage
Formed Ad Hoc Committee for
evaluation and research with reporting
in June 2024
Guide evaluation and
discussions with pickleball
players and Los Gatos Saratoga
Recreation
Art in Parks Coordinate with Arts and Culture
Commission staff liaison
Coordinate / collaborate with
staff liaison for Arts and Culture
Commission
PAGE 3 OF 3
SUBJECT: Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction of the Fiscal Year 2023/24 Work Plan.
DATE: July 10, 2023
CONCLUSION:
The Parks Commission looks forward to Council direction on its recommended work items in Table 1 as their FY 2023/24 Work Plan. Two, two-person Ad Hoc Committees were established to address the most pressing items, trail connectivity and pickleball/tennis court usage. If Council agrees, street trees, park use fees, and art would be brought to the Commission after staff prepares the necessary analysis and coordination with other Town staff.
COORDINATION:
This report was coordinated with the Parks Commission.
FISCAL IMPACT:
There is no fiscal impact associated with this work plan.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
__________________________________________________________________________________________ Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 14
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23- 002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT:
Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Deny an appeal of a Planning Commission decision to approve a fence height exception request for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property Zoned R-1:8, located at 380 Blackwell Drive.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential
Applicable Plans & Standards: Town Code, General Plan, Residential Design Guidelines Parcel Size: 8,000 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8:PD
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
BACKGROUND:
The subject property is located at the corner of Blackwell Drive and National Avenue (Attachment 1, Exhibit 1). The surrounding properties are residential uses. The subject property is developed with a single-family residence and an attached accessory dwelling unit (ADU).
On September 13, 2022, the Town issued an administrative citation for a code violation at the subject property (Attachment 1, Exhibit 4) after the vehicular gate was noted by a Town Building Inspector during a progress inspection for construction of the ADU. This letter requested that the property owners apply for a Building Permit for the vehicular gate by September 27, 2022. Following issuance of the citation, the applicant contacted Town Planning staff who communicated to the applicant that the vehicular gate exceeds the three-foot height limitation for a gate located in the required front yard and the traffic view area. Additionally, staff noted that the gate does not meet the required 18-foot setback from the edge of the street. Staff indicated that the Town Code offers an exception process that allows for deviation from the Town’s requirements if the appropriate findings are made by the Community Development Director.
On February 6, 2023, the applicant applied for an exception to the Town’s fence regulations for the unpermitted construction of the vehicular gate, which does not comply with the Town Code height or setback regulations. The exception request was based on concerns related to protecting their adult child from stepping off the property. The project plans are provided as Attachment 1, Exhibit 10, and the Letters of Justification for the exception are provided as Attachment 1, Exhibit 5, and Attachment 2, Exhibit 11.
On March 6, 2023, the exception request was denied by the Community Development Director based on the information received at that time as none of the required findings per Town Code Section 29.40.0320 could be made and based upon the conclusion by the Parks and Public Works Department that unsafe conditions are created by the vehicular gate lacking the 18-foot setback required by Town Code Section 29.40.0315(c)(3), and its proximity to the intersection adjacent to the property (Attachment 1, Exhibit 6).
On March 8, 2023, the property owner appealed the decision of the Community Development Director to the Planning Commission (Attachment 1, Exhibit 7).
On June 14, 2023, the Planning Commission considered the appeal and additional information provided by the appellant/property owner supporting the finding that a special security concern exists that cannot be practically addressed through alternatives (Attachments 1 and 2).
The Planning Commission granted the appeal with two additional conditions requiring that the vehicular gate be relocated to comply with the 18-foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing (Attachment 3, Conditions 5 and 6).
PAGE 3 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
BACKGROUND (continued):
On June 21, 2023, the Planning Commission decision was appealed by the property owner, specifically the condition requiring that the vehicular gate be relocated to comply with the 18- foot setback required by the Town Code (Attachment 5).
DISCUSSION:
A. Project Summary
The applicant applied for an exception to the Town’s fence regulations for the unpermitted construction of the vehicular gate, which does not comply with the Town Code fence height regulations for fences located in the required front setback and traffic view area, and for not meeting the required 18-foot setback for vehicular gates as measured from the edge of the street. The exception request was based on concerns related to protecting their adult child from stepping off the property. The project plans are provided as Attachment 1, Exhibit 10, and the Letters of Justification for the exception are provided as Attachment 1, Exhibit 5 and Attachment 2, Exhibit 11.
As detailed in the Planning Commission staff report (Attachment 1), the Town Code limits the height of fences and gates in the required front yard or side yard abutting a street, driveway view area, and traffic view area to no more than three feet to minimize conflicts between pedestrians, cyclists, and cars by allowing for an unobstructed view as a car exits a driveway. Additionally, vehicular gates are required to be setback a minimum of 18 feet as measured from the edge of the street to allow for vehicles to clear the travel lanes while queuing as the gate is opening. Staff has prepared an exhibit showing the locations of these areas and the existing unpermitted vehicular gate (Attachment 1, Exhibit 8). The proposed four-foot, three-inch tall vehicular gate is set at the front property line.
Town Code Section 29.40.0320 allows an exception to any of the fence regulations if specific findings can be made. These findings are:
A special security concern exists that cannot be practically addressed through alternatives; or
A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
The applicant applied for an exception to the fence regulations citing a special safety concern related to protecting their adult child from leaving the property (Attachment 1, Exhibit 5). Based on the information provided with the exception request, staff was unable to support the requested exceptions as neither of the required findings could be made. In consideration of the safety concern cited by the applicant, staff noted that the property is already enclosed by existing fencing and gates except for the driveway area. Additionally,
PAGE 4 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
DISCUSSION (continued):
the requested exceptions would create unsafe conditions caused by a vehicular gate lacking the 18-foot setback required by the Town Code, not allowing for vehicles to clear the travel lanes while queuing. The Community Development Director denied the exception request on March 6, 2023 (Attachment 1, Exhibit 6).
B. Planning Commission
The property owner appealed the decision of the Community Development Director to the Planning Commission who considered the matter on June 14, 2023. With their appeal, the appellant provided additional information on the medical background of their adult child.
This information has been provided under separate cover to the Town Council and is not included as an attachment to this report to protect the privacy of the individuals involved.
During their visual and oral presentation to the Planning Commission, the appellant provided additional details of the security concerns related to their adult child (Attachment 4). The Planning Commission granted the appeal, approving the exception to the fence regulations related to height, but did not approve the exception for the required 18-foot setback. Instead, the Planning Commission included additional conditions of approval for the project requiring that the vehicular gate be relocated to comply with the 18-foot setback and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller that the height of the existing adjacent fencing (Attachment 3, Conditions 5 and 6).
The Planning Commission staff report and Desk Item (Attachments 1 and 2), the Verbatim Minutes (Attachment 4), and the appeal documents (Attachment 5) are provided for review.
C. Appeal to Town Council
The decision of the Planning Commission was appealed on June 21, 2023, by the property owner Lawrence W. Cesnik (Attachment 5). In their appeal, the property owner raises three points where they feel the Planning Commission erred or abused its discretion in its decision to require the vehicular gate be relocated to meet the required 18-foot setback from the edge of the street. These points are provided verbatim from the appellant below, followed by staff’s response.
1. The statement made by one of the Commissioners that the vehicle picking up our son for his day program is likely a van/longer vehicle - and therefore would protrude into the street without a gate setback. In fact, the transportation company with which we contract - Union Taxi - picks up our son in a compact/medium size sedan - which fits between the curb and gate without protrusion.
PAGE 5 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
DISCUSSION (continued):
Staff response: The Town Council should consider this clarifying information in their determination of whether the appeal should be upheld or denied.
2. The assumption that there will be a "queuing/backup hazard" when we exit or enter the gate due to the delay in opening it. In fact - as I explained to the commission, our plan is to avoid this problem by a) waiting to back out until the gate is completely open b) before approaching the gate for entering, opening it remotely early enough (it has good range) so that it is fully open when we are in front of the driveway.
Staff response: Requiring that the vehicular gate be operated in a specific way, as the property owner describes, through a condition of approval would create a cumbersome regulation that would be difficult to enforce. Staff does not recommend incorporating such a condition if the Town Council grants the appeal.
3. Not recognizing that pushing the gate back 5 feet will (a) be a major inconvenience and will "squeeze" the very limited space we have to park our vehicles (b) will increase the safety risk to our son by shortening the amount of time for him to reach the gate during any potential "bolt" and (c) disrupt the aesthetics of our property that we have worked hard/invested in to develop and maintain, as well as the surrounding neighborhood.
Staff response: The length of the existing driveway between the front property line and the existing residence is approximately 29.8 feet (Attachment 6). The Planning Commission included a condition with their approval that the vehicular gate be relocated to meet he required 18-foot setback from the edge of the street. Satisfying this condition would require the vehicular gate to be moved approximate 4.3 feet towards the residence resulting in a driveway length of 25.5 feet where a driveway length of 25 feet is required by the Town Code. Regarding the shortened distance to and the potential aesthetic impacts of the relocated vehicular gate, the Town Council could consider this in their determination of whether the appeal should be upheld or denied.
PUBLIC OUTREACH:
Written notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property.
CONCLUSION:
A. Recommendation
For the reasons stated in this report, it is recommended that the Town Council deny the appeal, upholding the Planning Commission’s decision to approve the exception to the
PAGE 6 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
CONCLUSION (continued):
fence regulations with additional conditions of approval requiring compliance with the 18- foot setback required by the Town Code and that any additional fencing needed between the relocated vehicular gate and the existing property line fencing be no taller than the height of the existing adjacent fencing (Attachment 7).
B. Alternatives
Alternatively, if the Council finds merit in the appeal it should continue the application to the next meeting and provide direction to staff to prepare a resolution to grant the appeal, grant the exception to the Town’s fence regulations for construction of an automated vehicular gate with reduced setbacks, approve the application with Planning Commission Conditions 5 and 6 removed, and identify the facts that support the following required findings.
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
Required findings for granting an exception to the Town’s fence regulations:
■ A special security concern exists that cannot be practically addressed through alternatives; or
■ A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
Required findings for granting an appeal of a decision by the Planning Commission:
■ There was an error or abuse of discretion by the Planning Commission; or ■ The Planning Commission decision is not supported by substantial evidence in the record.
COORDINATION:
The Community Development Department coordinated with the Parks and Public Works Department in the review of the fence height exception.
PAGE 7 OF 8
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: July 27, 2023
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
ATTACHMENTS:
1. June 14, 2023, Planning Commission Staff Report, with Exhibits 1 through 10
2. June 14, 2023, Planning Commission Desk Item, with Exhibit 11
3. June 14, 2023, Planning Commission Action Letter
4. June 14, 2023, Planning Commission Verbatim Minutes
5. Appeal of the Planning Commission decision, received June 21, 2023
6. Annotated Driveway Exhibit Prepared by Staff
7. Draft Resolution to Deny the Appeal and Uphold the Planning Commission Decision
This Page
Intentionally
Left Blank
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 6/14/2023
ITEM NO: 2
DATE: June 9, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23- 002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT:
Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny a fence height exception request for construction of an automated vehicular gate exceeding the maximum height and with reduced setbacks on property zoned R-1:8, located at 380 Blackwell Drive.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential
Applicable Plans & Standards: Town Code, General Plan, Residential Design Guidelines Parcel Size: 8,000 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8:PD
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
ATTACHMENT 1
PAGE 2 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
As required by Section 29.40.320 of the Town Code for granting a Fence Height Exception.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the corner of Blackwell Drive and National Avenue (Exhibit 1).
The surrounding properties are residential uses. The subject property is developed with a single-family residence and an attached accessory dwelling unit (ADU).
On September 13, 2022, the Town issued an administrative citation for a code violation at the subject property (Exhibit 4) after the vehicular gate was noted by a Town Building Inspector during a progress inspection for construction of the ADU. This letter requested that the property owners apply for a Building Permit for the vehicular gate by September 27, 2022.
Following issuance of the citation, the applicant contacted Town Planning staff who communicated to the applicant that the vehicular gate exceeds the three-foot height limitation for a gate located in the required front yard and the traffic view area. Additionally, staff noted that the gate does not meet the required 18-foot setback from the edge of the street. Staff indicated that the Town Code offers an exception process that allows for deviation from the Town’s requirements if the appropriate findings are made by the Community Development Director.
On February 6, 2023, the applicant applied for an exception to the Town’s fence regulations for the unpermitted construction of the vehicular gate, which does not comply with the Town Code fence height regulations for fences located in the required front setback and traffic view area, and for not meeting the required 18-foot setback for vehicular gates as measured from the street. The exception request was based on concerns related to protecting their child from stepping off the property. The project plans are provided as Exhibit 5, and the Letter of Justification for the exception is provided as Exhibit 5.
PAGE 3 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
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BACKGROUND (continued):
On March 6, 2023, the exception request was denied by the Community Development Director as none of the required findings per Town Code Section 29.40.0320 could be made and based upon the conclusion by the Parks and Public Works Department that unsafe conditions are created by the vehicular gate lacking the 18-foot setback required by Town Code Section
29.40.0315(c)(3), and its proximity to the intersection adjacent to the property (Exhibit 6).
On March 8, 2023, the property owner appealed this decision (Exhibit 7).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the corner of Blackwell Drive and National Avenue (Exhibit 1). The surrounding properties are residential uses. The subject property is developed with a single-family residence and an attached ADU.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny an exception to the fencing regulations for unpermitted construction of a vehicular gate that does not comply with the height regulations for fences located in the required front setback and traffic view area, and for not meeting the required 18-foot setback for vehicular gates as measured from the street (Exhibit 7).
DISCUSSION:
A. Fence Height Exception
The property owner requested an exception to the fence regulations for: a vehicular gate exceeding the three-foot height limitation located in a required front setback and traffic view area; and a vehicular gate that does not meet the 18-foot setback requirement as measured from the edge of the street (Exhibit 5).
Exhibit 8, prepared by staff, shows the locations of existing fencing on the property, which includes:
• Six-foot tall solid wood fencing along the rear and interior side property lines. This fencing appears to comply with current regulations.
• Four-foot tall concrete block and picket fencing at the front and street-side property lines. This fencing continues along the east side of the driveway to connect with the
PAGE 4 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
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BACKGROUND (continued):
residence. This fencing existed prior to the current fence regulations and is considered existing legal nonconforming.
• Four-foot, three-inch, tall solid wood fencing along the interior property line running from the front property line to the six-foot tall fencing described above. This fencing existed prior to the current fence regulations and is considered existing legal nonconforming.
• Seven-foot tall solid wood fencing running from the interior property line to the left side of the residence. This fencing appears to comply with current regulations. • A four-foot, three-inch tall unpermitted vehicular gate across the driveway at the front property line, which is the subject of this appeal.
Per Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a height of three feet when located within a required front or side yard abutting a street, driveway view area, or traffic view area unless an exception is granted by the Town Engineer and Community Development Director. This regulation is intended to minimize conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and hedges do not obstruct the view from a car as it exits a driveway and crosses over a sidewalk to enter the roadway. Limiting the height of fences and gates to no more than three feet in these areas allows drivers and pedestrians a view of each other while continuing to afford property owners the opportunity to define the boundaries of their property. The required front setback in the R-1:8 zone is 25 feet, and a traffic view area is the area that is within 15 feet of a street. Staff has prepared an exhibit showing the locations of these areas and the existing unpermitted vehicular gate (Exhibit 8). The proposed four-foot, three-inch tall vehicular gate is set at the front property line.
Per Town Code Section 29.40.0315 (c)(3), vehicular gates shall be set back from the edge of the adjacent street a minimum of 18 feet. The intent of this regulation is to allow for vehicles to clear the travel lanes while queuing as the gate is opening. The required vehicular setback is shown on Exhibit 8. The vehicular gate is setback approximately 13.4 feet from the edge of the street.
Town Code Section 29.40.0320, provided below, allows an exception to any of the fence regulations if a property owner can demonstrate that one of the following conditions exist.
Sec. 29.40.0320. - Exceptions.
An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:
PAGE 5 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
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DISCUSSION (continued):
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners. (b) On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
(1) A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or
(2) A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem. (c) At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.
(d) A special security concern exists that cannot be practically addressed through alternatives.
(e) A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
The property owner requested exceptions based on concerns related to protecting their child from stepping off the property (Exhibit 5).
Staff was unable to support the requested exceptions as the required findings could not be made. In consideration of the safety concern cited by the applicant, staff noted that the property is already enclosed by existing fencing and gates except for the driveway area.
Additionally, the requested exceptions would create unsafe conditions caused by a vehicular gate lacking the 18-foot setback required by the Town Code. The reduced setback of the gate would not allow for vehicles to clear the travel lanes while queuing, potentially obstructing traffic on Blackwell Drive near the intersection with National Avenue. Parks and Public Works reviewed the proposal and could not support the exception requests noting that the subject driveway is near a busy street (National Avenue) and the added queue time is considered a nuisance and unnecessary risk. The Town denied the exception request on March 6, 2023 (Exhibit 6).
B. Appeal
The decision of the Community Development Director to deny the Fence Height Exception application was appealed by the property owner on March 8, 2023 (Exhibit 7). In their appeal, the property owner reiterates their safety concerns. Additional justification and information were not provided with the appeal.
PAGE 6 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
\\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx
DISCUSSION (continued):
C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject property. Staff has included all public comments received by 11:00 a.m., Friday, June 9, 2023, as Exhibit 9.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission overturn the Community Development Director’s decision to deny an exception to the fencing regulations for unpermitted construction of a vehicular gate that does not comply with the Town Code fence height regulations for fences located in the required front setback and traffic view area, and for not meeting the 18-foot setback for vehicular gates as measured from the street and approve the application.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the Community Development Director decision to deny an exception to the fencing regulations based on the reasoning provided in this report.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Grant the appeal and approve the fence height exception with the findings in Exhibit 2 and the draft conditions provided in Exhibit 3; or
3. Grant the appeal with additional and/or modified conditions.
PAGE 7 OF 7
SUBJECT: 380 Blackwell Drive/FHE-23-002
DATE: June 9, 2023
\\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx
EXHIBITS:
1. Location Map
2. Required Finding
3. Recommended Conditions of Approval if Appeal is Granted
4. Administrative Warning/Citation VL-22-465, dated September 9, 2022
5. Exception Request – Letter of Justification
6. Fence Height Exception Denial Letter, dated March 6, 2023
7. Appeal of the Community Development Director Decision, received March 8, 2023
8. Annotated Site Plan Prepared by Staff
9. Public Comments received before 1100 a.m., Friday June 9, 2023
10. Project Plans
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JO DR
NATIONAL AV
BLACKWELL DR
DE SOTO DR
DRAKES BAY AV
MARY ALICE DR
CARLTON AV
LEILA CT
VISTA LN
DRAKES CT
SEQUOIA CT
VISTA REAL CT
380 Blackwell Drive
0 0.125 0.25
Miles
°
EXHIBIT 1
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PLANNING COMMISSION – June 14, 2023
REQUIRED FINDINGS FOR:
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER:
Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion of Small Structures.
Required findings for granting a Fence Height Exception:
■ A special security concern exists that cannot be practically addressed through alternatives. ■ A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
N:\DEV\FINDINGS\2023\Blackwell Drive, 308 - 06-14-23 PC.docx EXHIBIT 2
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PLANNING COMMISSION – June 14, 2023
CONDITIONS OF APPROVAL
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER:
Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below.
2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide parallel to the street.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand EXHIBIT 3
any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
Building Division
6. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate;
7. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such that a pedestrian shall not come in contact with a moving vehicular access gate. A pedestrian gate shall not be incorporated into an automated vehicular gate panel.
S:\PLANNING COMMISSION REPORTS\2021\11-10-21\Tait Avenue, 103\Exhibit 3 - Recommended Conditions of Approval if Appeal is Approved.docx
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Project Address: 380-A-380 Blackwell Dr.,
Dear Madam/sir at city of Los Gatos planning department., Owners of property 380 Blackwell Drive. Have installed a roll security gate for the safety of their child. The gate has been installed at the edge of the property line in front. The height of the proposed garage is 51 inches. The gate is fully open and operable. The reason for the installation of gate is due to the illness of the child and scare of his safety which might cause him step outside of the property while playing at the front yard.
This gate will provide additional safety needed to make sure the kid stays in without supervision at all hours. All conditions of the existing fences and proposed roll fence have been details on the submitted site plan sheet for review.
Any questions please contact
Ramin Zohoor
EXHIBIT 5
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 6, 2023
Larry Cesnik
{Sent via Email}
RE: AMENDED ACTION LETTER
380 Blackwell Drive
Fence Height Exception (FHE-23-002)
Requesting approval for an exception to an existing 4.25-foot-tall automated vehicular gate within the required front yard setback on property zoned R-1:8. APN 424-12-027.
PROPERTY OWNERS: Larry Cesnik and Martha Johnson
APPLICANT: Ramin Zohoor
The Los Gatos Community Development Department and Public Works Department have reviewed the referenced application for a fence height exception pursuant to Town Code Section 29.40.0320. Based upon review by the Parks and Public Works Department, staff is unable to approve the application due to the unsafe conditions caused by a vehicular gate lacking the 18-foot setback required by Town Code Section 29.40.0315(c)(3), and its proximity to the intersection adjacent to the property. Sufficient justification for conditions listed in Section 29.40.0320 was not provided.
Based on the foregoing, the Los Gatos Community Development Department has denied the request on February 27, 2023.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed by any interested party to the Planning Commission within 10 days of the denial date. Appeals, with the completed Appeal Form and appeal fee payment, must be submitted in person to the Town Clerk’s office within 10 days from the date of denial, or by 4:00 p.m. on March 9, 2023.
If you have any questions concerning this decision, please contact me at (408) 354-6873 or via email at [email protected].
Sincerely,
Peggy Beeuwsaert
Assistant Planner
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 6
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Required 18-foot
vehicular gate setback
25-foot front setback
15-foot street-side setback
13.4 feet
EDGE OF STREET
(E) 6-ft solid wood fence
(E) 7-ft solid wood fence
(E) 4-ft masonry/picket fence
(E) 4.25-ft solid wood fence
(N) 4.25-ft vehicular gate
18 feet
15-ft Traffic View Area 15 feet
(N) Vehicular Gate
EXHIBIT 8
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From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:46 AM
To: Sean Mullin <[email protected]>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #1 Hi Sean,
In the next few minutes ahead of your 11:00am cutoff for regular agenda, I will be submitting several emails to help document my case
Here is #1
Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: October 28, 2022 at 5:59:02 PM PDT
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an exception. That being said, I stopped by at the city to further discuss the options we would have with the non conforming fence and from what Savannah has mentioned was that the fence is over the allowed height , too close to the property line / street & it is in the corner lot which will limit the visibility and the exception won't most likely be approved. She has suggested for us to work on getting the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the exception will be approved regardless of the location & corner lot ? We just went based on what the planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <[email protected]> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
EXHIBIT 9
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <[email protected]>
Cc: Eli ;
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14 to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am cc’ing all so that you can discuss in writing or by phone Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:47 AM
To: Sean Mullin <[email protected]>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #2 Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: October 31, 2022 at 10:34:28 AM PDT
To: Allen Meyer <[email protected]>
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin said the location., heights and what we are applying for does not get approved. She mentioned per what the neighborhood is and location of the fence its unlikely that we pay for full exception application and get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will be getting this approved as you see it location. ?
On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <[email protected]> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a permit application online for the unpermitted vehicular gate.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Ramin Zohoor
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik >; Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hello Allen.,
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an exception. That being said, I stopped by at the city to further discuss the options we would have with the non conforming fence and from what Savannah has mentioned was that the fence is over the allowed height , too close to the property line / street & it is in the corner lot which will limit the visibility and the exception won't most likely be approved. She has suggested for us to work on getting the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the exception will be approved regardless of the location & corner lot ? We just went based on what the planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <[email protected]> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <[email protected]>
Cc: Eli
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our
lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14 to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am cc’ing all so that you can discuss in writing or by phone Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:48 AM
To: Sean Mullin <[email protected]>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #3 Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: January 11, 2023 at 10:45:50 AM PST
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik , Eli Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen, This was resubmitted back into the original email account with the plans that were requested back in December.
We have sent those for an exception that was required by planning. Who should we send this ? Information might not be getting to you. Do we send to you directly? On Wed, Jan 11, 2023 at 10:42 AM Allen Meyer <[email protected]> wrote:
Good morning Larry,
Where are you, or your contractors, in the process of resolving this issue? I sent the email below in November and did not receive a response or online permit application.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected] Page 459
www.losgatosca.gov ● https://www.facebook.com/losgatosca TOWN CLOSURE NOTICE: Town offices will be closed Monday, January 16, 2023 in observance of the Martin Luther King Jr. Holiday.. Town offices will re-open for regular business hours on Tuesday, January 17, 2023.
Regular Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Allen Meyer
Sent: Wednesday, November 9, 2022 2:23 PM
To: Lawrence Cesnik
Cc: Ramin Zohoor ; Eli ; Roy Alba
<[email protected]>
Subject: RE: Regarding 380 Blackwell electronic gate permit request Good afternoon Larry,
In order to move forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons for the fence height/gate location exemption request. Please apply by November 27, 2022 to avoid any additional citations.
The citation appeal is a completely separate item from your exemption request.
Please let us know if you should have any questions.
Best,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Lawrence Cesnik < >
Sent: Tuesday, November 8, 2022 5:17 PM
To: Allen Meyer <[email protected]>
Cc: Ramin Zohoor ; Eli ; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen
I wanted to weigh in here as the property owner and have been in contact with our remodeling firm( Eli, Ramin)
If we need to file for an exception- we certainly will.
We will use points d &/ or e below - special security concern/ circumstance. As I explained in my original appeal, we have a special needs son whose safety is at risk if that height of gate is not in place.
Please advise if it will be sufficient for me to re-send you the appeal paperwork that you had returnedor should Done Right Home Remodeling file the official request for exception on your online portal? Please advise, thank you!
Larry Cesnik
mobile
On Oct 31, 2022, at 2:19 PM, Allen Meyer <[email protected]> wrote:
Ramin,
Thank you for the clarification. I do not know if an exception would be approved as I’m not involved in that process. The Community Development Director is the person that approves/denies fence exceptions, which can be appealed to the Planning Commission. The two issues that I see with the vehicular gate is the height and distance from the property line. This is what you would be asking for an exception for.
Town Code Section 29.40.0315. - Height, materials and design, and location.
1. Height.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle unless an exception is granted by the Town Engineer and Community Development Director. Trees, hedges, and vegetation within a corner sight triangle shall meet the requirements of section
26.10.065.
(c) Location.
(3) Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18) feet as measured along the centerline of the driveway. A greater setback may be required when a gated entrance serves more than one (1) house.
Town Code Section 29.40.0320. - Exceptions. Page 461
An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:
1. Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners.
2. On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
1. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or
2. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem.
3. At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.
4. A special security concern exists that cannot be practically addressed through alternatives.
5. A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
Please let me know if you intend to apply for an exception, or remove the vehicular gate.
Thank you,
Allen
From: Ramin Zohoor
Sent: Monday, October 31, 2022 10:34 AM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik Eli ; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin said the location., heights and what we are applying for does not get approved. She mentioned per what the neighborhood is and location of the fence its unlikely that we pay for full exception application and get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will be getting this approved as you see it location. ? Page 462 On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <[email protected]> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a permit application online for the unpermitted vehicular gate.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Ramin Zohoor
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik Eli <
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an exception. That being said, I stopped by at the city to further discuss the options we would have with the non conforming fence and from what Savannah has mentioned was that the fence is over the allowed height , too close to the property line / street & it is in the corner lot which will limit the visibility and the exception won't most likely be approved. She has suggested for us to work on getting the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the exception will be approved regardless of the location & corner lot ? We just went based on what the planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <[email protected]> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <[email protected]>
Cc: Eli >;
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14 to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am cc’ing all so that you can discuss in writing or by phone Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:48 AM
To: Sean Mullin <[email protected]>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #4 Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor <z >
Date: January 17, 2023 at 9:50:58 AM PST
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik < Eli , Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hello Allen,
Hope you are doing well. This should be in under PRE23-00053.
Let me know if anything else please needed.
On Wed, Jan 11, 2023 at 11:01 AM Allen Meyer <[email protected]> wrote:
Ramin,
That was finaled last May. Not sure if you can reopen that permit.
You should probably open a new permit as stated in my November 9, 2022 email: In order to move forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons for the fence height/gate location exemption request.
Thank you,
Allen
From: Ramin Zohoor < >
Sent: Wednesday, January 11, 2023 10:55 AM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik <l >; Eli >; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Under B21-1000
Did you want me to resubmit ? Same drawings set with the fencing line shown.
On Wed, Jan 11, 2023 at 10:51 AM Allen Meyer <[email protected]> wrote:
Ramin,
What permit number did you resubmit to, I don’t see it? Allen
From: Ramin Zohoor >
Sent: Wednesday, January 11, 2023 10:46 AM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik >; Eli < >; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen, This was resubmitted back into the original email account with the plans that were requested back in December.
We have sent those for an exception that was required by planning. Who should we send this ? Information might not be getting to you. Do we send to you directly? On Wed, Jan 11, 2023 at 10:42 AM Allen Meyer <[email protected]> wrote:
Good morning Larry,
Where are you, or your contractors, in the process of resolving this issue? I sent the email below in November and did not receive a response or online permit application.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca TOWN CLOSURE NOTICE: Town offices will be closed Monday, January 16, 2023 in observance of the Martin Luther King Jr. Holiday.. Town offices will re-open for regular business hours on Tuesday, January 17, 2023.
Regular Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Allen Meyer
Sent: Wednesday, November 9, 2022 2:23 PM
To: Lawrence Cesnik <l >
Cc: Ramin Zohoor < ; Eli >; Roy Alba
<[email protected]>
Subject: RE: Regarding 380 Blackwell electronic gate permit request Good afternoon Larry,
In order to move forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons for the fence height/gate location exemption request. Please apply by November 27, 2022 to avoid any additional citations.
The citation appeal is a completely separate item from your exemption request.
Please let us know if you should have any questions.
Best,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Lawrence Cesnik <
Sent: Tuesday, November 8, 2022 5:17 PM
To: Allen Meyer <[email protected]>
Cc: Ramin Zohoor <z ; Eli < >; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen
I wanted to weigh in here as the property owner and have been in contact with our remodeling firm( Eli, Ramin)
If we need to file for an exception- we certainly will.
We will use points d &/ or e below - special security concern/ circumstance. As I explained in my original appeal, we have a special needs son whose safety is at risk if that height of gate is not in place.
Please advise if it will be sufficient for me to re-send you the appeal paperwork that you had returnedor should Done Right Home Remodeling file the official request for exception on your online portal? Please advise, thank you!
Larry Cesnik
mobile
On Oct 31, 2022, at 2:19 PM, Allen Meyer <[email protected]> wrote:
Ramin,
Thank you for the clarification. I do not know if an exception would be approved as I’m not involved in that process. The Community Development Director is the person that approves/denies fence exceptions, which can be appealed to the Planning Commission. The two issues that I see with the vehicular gate is the height and distance from the property line. This is what you would be asking for an exception for.
Town Code Section 29.40.0315. - Height, materials and design, and location.
1. Height.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when located within a required front or side yard abutting a street (as required by the zone), driveway view area, traffic view area, or corner sight triangle unless an exception is granted by the Town Engineer and Community Development Director. Trees, hedges, and vegetation within a corner sight triangle shall meet the requirements of section
26.10.065.
(c) Location.
(3) Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18) feet as measured along the centerline of the driveway. A greater setback may be required when a gated entrance serves more than one (1) house.
Town Code Section 29.40.0320. - Exceptions.
An exception to any of these fence regulations may be granted by the Community Development Director. A fence exception application and fee shall be filed with the Community Development Department and shall provide written justification that demonstrates one (1) of the following conditions exist:
1. Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or agreed upon by a majority of the adjacent residential property owners.
2. On interior lots, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification that either:
1. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening; or Page 468
2. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem.
3. At public utility facilities, critical infrastructure, and emergency access locations, exceptions may be granted where strict enforcement of these regulations will result in a security or safety concern.
4. A special security concern exists that cannot be practically addressed through alternatives.
5. A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship.
Please let me know if you intend to apply for an exception, or remove the vehicular gate.
Thank you,
Allen
From: Ramin Zohoor <
Sent: Monday, October 31, 2022 10:34 AM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik <l >; Eli >; Roy Alba
<[email protected]>
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin said the location., heights and what we are applying for does not get approved. She mentioned per what the neighborhood is and location of the fence its unlikely that we pay for full exception application and get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will be getting this approved as you see it location. ?
On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <[email protected]> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a permit application online for the unpermitted vehicular gate.
Thank you,
<image001.jpg>
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030 Page 469 Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
From: Ramin Zohoor < >
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <[email protected]>
Cc: Lawrence Cesnik <l >; Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an exception. That being said, I stopped by at the city to further discuss the options we would have with the non conforming fence and from what Savannah has mentioned was that the fence is over the allowed height , too close to the property line / street & it is in the corner lot which will limit the visibility and the exception won't most likely be approved. She has suggested for us to work on getting the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the exception will be approved regardless of the location & corner lot ? We just went based on what the planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <[email protected]> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● [email protected]
www.losgatosca.gov ● https://www.facebook.com/losgatosca Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
-----Original Message-----
From: Lawrence Cesnik <l
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <[email protected]>
Cc: Eli < ;
Subject: Regarding 380 Blackwell electronic gate permit request Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14 to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am cc’ing all so that you can discuss in writing or by phone Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik <l >
Sent: Friday, June 9, 2023 10:50 AM
To: Sean Mullin <[email protected]>
Subject: 380 Blackwell fence/gate exception- email #6
[EXTERNAL SENDER]
Larry Cesnik
mobile
A-00.01
COVER SHEET
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR., LOS GATOS, CA 95032
HB
OWNERSHIP:
BLACKWELL DR., RESIDENCE
LOS GATOS, CA
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
ABV. Above
A/C Air Conditioner
A.D. Access Door
ADD. Addition
A.F.F. Above Finished Floor
A.F.G. Above Finished Grade
B.L. Building Line
BLDG. Building
B.O. Bottom of
BTM. Bottom
CABT. Cabinet
C.D. Construction document
C.L. Center Line
CL. Closet
CLG. Ceiling
C.O. Clean Out
CONC. Concrete
D.S. Down spout
D/W Dishwasher
DBL. Double
DEMO. Demolition
DIA. Diameter
DR. Door
ELEV. Elevation
EXIST. Existing
EXT. Exterior
ABBREVIATIONS:
SHEET TITLE: ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED FOR DIMENSION, GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANY
DISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE
THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT TO THE DESIGNER ATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE
WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO HE SHALL BE PRECEDING AT HIS OWN RISK. OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OR THE MIS- DESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY
OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS
CUSTOMARILY REFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM
PERFORMING SUCH OMITTED OR MIS-DESCRIBED DETAILS OF THE WORK AS IF
FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND SPECIFICATIONS. SITE CONDITIONS: ALL CONTRACTORS AND SUB-CONTRACTORS SHALL VERIFY
DIMENSIONS AND CONDITIONS AT THE SITE PRIOR TO COMMENCEMENT OF THEIR WORK. FAILURE TO DO SO SHALL NOT RELEASE THEM FROM THE RESPONSIBILITY OF ESTIMATING THE WORK. IF ANY VARIATION, DISCREPANCY
OR OMISSION (BETWEEN THE INTENT OF THESE CONTRACT DOCUMENTS AND
THE EXISTING CONDITIONS ARE FOUND, THE CONTRACTOR OR SUB- CONTRACTOR SHALL NOTIFY DESIGNER IN WRITING AND OBTAIN WRITTEN
RESOLUTION FROM DESIGNER PRIOR TO PROCEEDING WITH ANY RELATED WORK.
A-00.01: COVER SHEET
BMP SHEET
A-01: ARCH. SITE PLAN
VICINITY MAP:
424-12-027
GARAGE CONVERSION
380 BLACKWELL DR., LOS GATOS, CA
R-1.8
R - 3
V - B
MAIN HOUSE: 1 / ADU : 1
NON SPRINKLERED
MAIN HOUSE: 3 / ADU: 1 (STUDIO)
MAIN HOUSE: 2 / ADU: 1
CALIFORNIA RESIDENTIAL
CALIFORNIA BUILDING
CALIFORNIA GREEN BUILDING
CALIFORNIA MECHANICAL
CALIFORNIA PLUMBING
CALIFORNIA ELECTRICAL
CALIFORNIA ENERGY:
CALIFORNIA FIRE:
ANY OTHER APPLICABLE LOCAL AND STATE LAWS
AND REGULATIONS.
A. B. C. D. E. F. G. H.
ASSESSOR'S PARCEL NUMBER:
PROJECT TYPE:
PROJECT LOCATION:
ZONING:
OCCUPANCY GROUP:
CONSTRUCTION TYPE:
NUMBER OF FLOORS:
FIRE PROTECTION:
BEDROOM NUMBER:
BATHROOM NUMBER:
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
EXISTING CONDITION: (NO WORK) "E" LIVING SPACE: 1350 SQF (MAIN HOUSE) "E" ATTACHED ADU: 418 SQF (ATTACHED) LOT AREA: 7895 SQF
P
R
O
P
E
R
T
Y
L
O
C
A
TIO
N / N
T
S
AREA CALCULATION:
PROJECT DATA:
DRAWING INDEX:
CODE EDITIONS:
FDN. Foundation
FLR. Floor
FURN. Furnace
G.C. General Contractor
G.F.C.I. Ground Fault Circuit Interrupt
GYP. Gypsum
H.B. Hose bib
HGT. Height
HR. Hour
H.R. Handrail
HTR. Heater
H.V.A.C. Heating, Venting and Air Conditioning
INSUL. Insulation
INT. Interior
LAM. Laminate
LAV. Lavatory
MAX. Maximum
MED. Medium
MIN. Minimum
MTL. Metal (steel)
MUL. Mullion
N.T.S. Not to scale
N.F.C. Not for construction
O.C. On center
O.H. Overhead
OPNG. Opening
GENERAL NOTES:
PLT. Plate
P.L. Property line
PLYWD. Plywood
PWR. Power
R.O. Rough Opening
R.O.W. Right of way
REFG. Refrigerator
REF. Reference
REV. Revision
RMV. Remove
S.C. Self-Closing
SCHED. Schedule
S.D. Smoke detector
SECT. Section
SHT. Sheet
T.O.C. Top of curb
T.O.F. Top of footing
TH. Threshold
TYP. Typical
UNF. Unfinished
W.C. Toilet (water closet)
WCT. Wainscot
W.H. Water Heater
W.I. Wrought Iron
W.I.C. Walk In Closet
YD. Yard
PROJECT CONTACT:
SCOPE OF WORK:
- LEGALIZING INSTALLATION OF UN-PERMITTED AUTOMATED SAFETY GATE AT THE FRONT OF THE PROPERTY. - GATE AT HEIGHT OF 51 INCHES IN FRONT OF PROPERTY TO BE INSTALLED.
OWNER: CESNIK LARRY W AND JOHNSON MARTHA C
380BLACKWELL DR., LOS GATOS, CA 95032
TELL : --- EMAIL: --- DESIGNER: RAMIN ZOHOOR
DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #206
SANTA CLARA, CA 95050
TEL: 408.497.5071
EMAIL: [email protected]
LIC. 1002689
BUILDER: DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #203
SANTA CLARA, CA 95050
TEL: 800-816-0000
LIC. 1002689
EMAIL: [email protected]
BUILDER NOTES
1) TO BE VERIFIED A BACKWATER VALVE IS INSTALLED DUE TO PLUMBING WORK. TOWN CODE SECTION 6.40.020 REQUIRED AN APPROVED BACKWATER VALVE ON DRAINAGE PIPING SERVIN FIXTURES THAT HAVE FLOOD LEVEL RIMS LESS THAN 12-INCHES ABOVE THE ELEVATION OF THE NEXT UPSTREAM MANHOLE. CPC 710.0
2) BUILDER MUST PROVIDE THE HOMEOWNER WITH A LUMINARIES SCHEDULE (AS REQUIRED IN TITLE 24 CALIFORNIA CODE OF REGULATIONS, PART 1, 10-103(b)) THAT INCLUDES A LIST OF LAMPS INSTALLED IN THE LUMINARIES.
EXISTING SITE PLAN (AREA OF WORK) SC : 1/8" = 1'-0" 1 1/8 INCH = 1 FEET 0 2 4 6 8 10 20 30 GRAPHIC SCALE : 17' 21' 29'-10" 13'-1" 43'-1" 15'-7" 28'-5" SITE PLAN 1/8" = 1' A-01 REVISION TABLE: DRAWN BY : BLACKWELL DR., RESIDENCE 380 BLACKWELL DR., LOS GATOS, CA 95032 HB OWNERSHIP: SCALE : PROJECT ID : DATE : SHEET NUMBER:
NOV 2022 RZ DONE RIGHT HOME REMODEL ADDITION and REMODELING FOR: SHEET TITLE: 1. CONTACT PUBLIC WORKS, FOR DRAINAGE AND FINAL GRADE INSPECTION, WHICH INCLUDES DRAIN LINES AND ROOF DRAINS/DOWN SPOUTS. 2. ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED PRIOR TO OCCUPANCY. 3. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND INSURING THE AREA ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION. 4. THE CONTRACTOR SHALL REVIEW STD. DETAIL 6-4 ON TREE PROTECTION PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES. 5. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS SOIL. 6. ALL NEW ELECTRICAL SERVICE (POWER, PHONE, AND OR CABLE) SHALL BE UNDER GROUND. 7. TO INITIATE RELEASE OF BONDS, CONTACT THE PUBLIC WORKS INSPECTOR FOR FINAL INSPECTION. 8. ALL DOWNSPOUTS TO BE RELEASED TO THE GROUND SURFACE, DIRECTED AWAY FROM BUILDING FOUNDATIONS AND DIRECTED TO LANDSCAPE AREAS. 9. PRIOR TO BEGINNING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE CONTRACTOR WILL BE RESPONSIBLE FOR PULLING AN ENCROACHMENT PERMIT FROM THE PUBLIC WORKS DEPARTMENT. 10. PROVIDE MIN. 5% GRADE SLOPE AWAY FROM FOUNDATION FOR A MIN. DISTANCE OF 10 FEET MEASURE PERPENDICULAR TO THE FACE OF THE WALL. WITH EXCEPTION: a. IF BUILDING SITE DOES NOT ALLOW 10 FEET OF SLOPE, INDICATE THE INSTALLATION OF DRAINS OR SWALES TO ENSURE DRAINAGE AWAY FROM THE STRUCTURE. b. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED A MIN 2% AWAY FROM THE BUILDING. 11. (E) DRAINAGE SHALL REMAIN THROUGHOUT CONSTRUCTION. GRADING and DEMO NOTES: 1. A PLOT PLAN SHALL BE PREPARED DESCRIBING THE RELATIONSHIP OF PROPOSED GRADING AND UTILITY TRENCHING TO THE TREES DESIGNATED FOR PRESERVATION. CONSTRUCTION AND GRADING SHOULD NOT SIGNIFICANTLY RAISE OR LOWER THE GROUND LEVEL BENEATH TREE DRIP LINES. IF THE GROUND LEVEL IS PROPOSED FOR MODIFICATION BENEATH THE DRIP LINE, THE ARCHITECT/ARBORIST SHALL ADDRESS AND MITIGATE THE IMPACT TO THE TREE(S). 2. ALL TREES TO BE PRESERVED ON THE PROPERTY AND ALL TREES ADJACENT TO THE PROPERTY SHALL BE PROTECTED AGAINST DAMAGE DURING CONSTRUCTION OPERATIONS BY CONSTRUCTING A FOUR-FOOT-HIGH FENCE AROUND THE DRIP LINE, AND ARMOR AS NEEDED. THE EXTENT OF FENCING AND ARMORING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE TREE PROTECTION SHALL BE PLACED BEFORE ANY EXCAVATION OR GRADING IS BEGUN AND SHALL BE MAINTAINED IN REPAIR FOR THE DURATION OF THE CONSTRUCTION WORK. 3. NO CONSTRUCTION OPERATIONS SHALL BE CARRIED ON WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE SAVED EXCEPT AS IS AUTHORIZED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT. 4. IF THE TRENCHING IS REQUIRED TO PENETRATE THE PROTECTION BARRIER FOR THE TREE, THE SECTION OF TRENCH IN THE DRIP LINE SHALL BE HAND DUG SO AS TO PRECLUDE THE CUTTING OF ROOTS. PRIOR TO INITIATING ANY TRENCHING WITHIN THE BARRIER APPROVAL BY STAFF WITH CONSULTATION OF AN ARBORIST SHALL BE COMPLETED. 5. TREES WHICH REQUIRE ANY DEGREE OF FILL AROUND THE NATURAL GRADE SHALL BE GUARDED BY RECOGNIZED STANDARDS OF TREE PROTECTION AND DESIGN OF TREE WELLS. 6. THE AREA UNDER THE DRIP LINE OF THE TREE SHALL BE KEPT CLEAN. NO CONSTRUCTION MATERIALS NOR CHEMICAL SOLVENTS SHALL BE STORED OR DUMPED UNDER A TREE. 7. FIRES FOR ANY REASON SHALL NOT BE MADE WITHIN FIFTY FEET OF ANY TREE SELECTED TO REMAIN AND SHALL BE LIMITED IN SIZE AND KEPT UNDER CONSTANT SURVEILLANCE. 8. THE GENERAL CONTRACTOR SHALL USE A TREE SERVICE LICENSEE, AS DEFINED BY CALIFORNIA BUSINESS AND PROFESSIONAL CODE, TO PRUNE AND CUT OFF THE BRANCHES THAT MUST BE REMOVED DURING THE LANDSCAPE ARCHITECT/ARBORIST WITH APPROVAL OF STAFF. 9. ANY DAMAGE TO EXISTING TREE CROWNS OR ROOT SYSTEMS SHALL BE REPAIRED IMMEDIATELY BY AN APPROVED TREE SURGEON. 10. NO STORAGE OF CONSTRUCTION MATERIALS OR PARKING SHALL BE PERMITTED WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE SAVED. 11. TREE PROTECTION REGULATIONS SHALL BE POSTED ON PROTECTIVE FENCING AROUND TREES TO BE PROTECTED. TREE PROTECTION NOTES: PROPERTY LINE BLDG FOOT PRINT LEGEND:
80.09 FEET 100 FEET 60.02 FEET 80.02 FEET (E) FIRE HYDRANT NO WORK AROUND THIS (E) STREET TREE NO WORK (E) SITE TREE NO WORK (E) SITE TREE NO WORK (E) 3/4" WATER LINE NO WORK MAIN HOUSE FOOTPRINT NO CHANGE (E) DRIVEWAY NO CHANGE EXISTING MAIN HOUSE AT 200 AMP - NO WORK EXISTING MAIN HOUSE GAS METER LOCATION NO WORK EXISTING REAR SHED LESS THAT 120 SQ.FT NO WORK TO BE DONE NORTH (E) SITE TREE NO WORK (E) SITE TREE NO WORK EXISTING 6 FT WOOD FENCE EXISTING 4 FT MASONARY & WOOD
FENCE - NO WORK
PROPOSED ROLL METAL GATE
FOR SAFETY 20'-4 1/4"
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:50 AM
To: Sean Mullin <[email protected]>
Subject: 380 Blackwell fence/gate exception- email #6
[EXTERNAL SENDER]
Larry Cesnik
mobile
N:\DEV\FORMS\Planning\2022-23 Forms\Appeals - Done\Appeal - Director.docx 06/15/2022
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. Main Street
Los Gatos, CA 95030
APPEAL OF THE DECISION OF
DIRECTOR OF COMMUNITY DEVELOPMENT
PLEASE TYPE or PRINT NEATLY
I, the undersigned, do hereby appeal a decision of the DIRECTOR OF COMMUNITY DEVELOPMENT as follows:
DATE OF DECISION: ___________________________________
PROJECT/APPLICATION: ___________________________________ LOCATION: ___________________________________
Pursuant to the Town Code, any interested person as defined in Section 29.10.020 may appeal to the Planning Commission any decision of the Director.
Interested person means:
1. Residential projects. Any person or persons or entity or entities who own property or reside within 1,000 feet of a property for which a decision has been rendered, and can demonstrate that their property will be injured by the decision.
2. Non-residential and mixed-use projects. Any person or persons or entity or entities who can demonstrate that their property will be injured by the decision.
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:
IMPORTANT:
1. Appeal must be filed not more than ten (10) days after the decision is rendered by the Director of Community Development. If the tenth (10th) day is a Saturday, Sunday, or Town holiday, then the appeal may be filed on the workday immediately following the tenth (10th) day. Appeals are due by 4:00 P.M.
2. The appeal shall be set for the first regular meeting of the Planning Commission which the business of the Planning Commission will permit, more than five (5) days after the date of the filing of the appeal. The Planning Commission may hear the matter anew and render a new decision in the matter.
3. You will be notified, in writing, of the appeal date.
4. Contact the project planner to determine what material is required to be submitted for the public hearing.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT
PRINT NAME:______________________________ SIGNATURE: ____________________________________ DATE: ____________________________________ ADDRESS: ______________________________________ PHONE: EMAIL: ______________________
******************************************************************************
OFFICE USE ONLY
DATE OF PLANNING COMMISSION HEARING: ________________________________ COMMISSION ACTION: 1. DATE:
2. DATE:
3. DATE:
PLAPPEAL $ 234.00 Residential
PLAPPEAL $ 934.00 Commercial
PLAPPEAL $ 95.00 Tree Appeals
February 27, 2023
Exception to an existing 4.25 foot tall electronic vehicular gate 380 Blackwell Drive
Main reason (as already indicated in prior communications) is for safety reasons. We have a young adult special needs son for which this gate will provide protection We will continue to gather additional documentation to submit to the Town of Los Gatos. We are in the process of securing an attorney to represent us in this appeal It has been difficulty to locate an available attorney on short notice - therefore we are requesting a delay in the appeal hearing date Lawrence W Cesnik
March 7, 2023 380 Blackwell Drive, Los Gatos, CA 95032
From: Lawrence Cesnik < >
Sent: Friday, June 9, 2023 10:59 AM
To: Sean Mullin <[email protected]>
Subject: 380 Blackwell gate exception - email #8
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 6, 2023
Larry Cesnik
{Sent via Email}
RE: AMENDED ACTION LETTER
380 Blackwell Drive
Fence Height Exception (FHE-23-002)
Requesting approval for an exception to an existing 4.25-foot-tall automated vehicular gate within the required front yard setback on property zoned R-1:8. APN 424-12-027.
PROPERTY OWNERS: Larry Cesnik and Martha Johnson
APPLICANT: Ramin Zohoor
The Los Gatos Community Development Department and Public Works Department have reviewed the referenced application for a fence height exception pursuant to Town Code Section 29.40.0320. Based upon review by the Parks and Public Works Department, staff is unable to approve the application due to the unsafe conditions caused by a vehicular gate lacking the 18-foot setback required by Town Code Section 29.40.0315(c)(3), and its proximity to the intersection adjacent to the property. Sufficient justification for conditions listed in Section 29.40.0320 was not provided.
Based on the foregoing, the Los Gatos Community Development Department has denied the request on February 27, 2023.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed by any interested party to the Planning Commission within 10 days of the denial date. Appeals, with the completed Appeal Form and appeal fee payment, must be submitted in person to the Town Clerk’s office within 10 days from the date of denial, or by 4:00 p.m. on March 9, 2023.
If you have any questions concerning this decision, please contact me at (408) 354-6873 or via email at [email protected].
Sincerely,
Peggy Beeuwsaert
Assistant Planner
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
From: Lawrence Cesnik <l >
Sent: Friday, June 9, 2023 11:01 AM
To: Sean Mullin <[email protected]>
Subject: 380 Blackwell Dr follow up - June 14 hearing
[EXTERNAL SENDER]
Hello Sean
You should have received 8 emails with various communications & documents on this case I will very likely email you 1 or 2 more next week to be included in the addendum Thank you
Larry Cesnik
1 mobile
A-00.01
COVER SHEET
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
HB
OWNERSHIP:
BLACKWELL DR., RESIDENCE
LOS GATOS, CA
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
ABV. Above
A/C Air Conditioner
A.D. Access Door
ADD. Addition
A.F.F. Above Finished Floor
A.F.G. Above Finished Grade
B.L. Building Line
BLDG. Building
B.O. Bottom of
BTM. Bottom
CABT. Cabinet
C.D. Construction document
C.L. Center Line
CL. Closet
CLG. Ceiling
C.O. Clean Out
CONC. Concrete
D.S. Down spout
D/W Dishwasher
DBL. Double
DEMO. Demolition
DIA. Diameter
DR. Door
ELEV. Elevation
EXIST. Existing
EXT. Exterior
ABBREVIATIONS:
SHEET TITLE:
ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED FOR DIMENSION, GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANY
DISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE
THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT TO THE DESIGNER ATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE
WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO HE SHALL BE PRECEDING AT HIS OWN RISK.
OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OR THE MISDESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY
OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS
CUSTOMARILY REFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM
PERFORMING SUCH OMITTED OR MIS-DESCRIBED DETAILS OF THE WORK AS IF
FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND SPECIFICATIONS.
SITE CONDITIONS: ALL CONTRACTORS AND SUB-CONTRACTORS SHALL VERIFY
DIMENSIONS AND CONDITIONS AT THE SITE PRIOR TO COMMENCEMENT OF THEIR WORK. FAILURE TO DO SO SHALL NOT RELEASE THEM FROM THE RESPONSIBILITY OF ESTIMATING THE WORK. IF ANY VARIATION, DISCREPANCY
OR OMISSION (BETWEEN THE INTENT OF THESE CONTRACT DOCUMENTS AND THE EXISTING CONDITIONS ARE FOUND, THE CONTRACTOR OR SUBCONTRACTOR SHALL NOTIFY DESIGNER IN WRITING AND OBTAIN WRITTEN
RESOLUTION FROM DESIGNER PRIOR TO PROCEEDING WITH ANY RELATED WORK.
A-00.01: COVER SHEET
BMP SHEET
A-01: ARCH. SITE PLAN
VICINITY MAP:
424-12-027
GARAGE CONVERSION
380 BLACKWELL DR.,
LOS GATOS, CA
R-1.8
R - 3
V - B
MAIN HOUSE: 1 / ADU : 1
NON SPRINKLERED
MAIN HOUSE: 3 / ADU: 1 (STUDIO)
MAIN HOUSE: 2 / ADU: 1
CALIFORNIA RESIDENTIAL
CALIFORNIA BUILDING
CALIFORNIA GREEN BUILDING
CALIFORNIA MECHANICAL
CALIFORNIA PLUMBING
CALIFORNIA ELECTRICAL
CALIFORNIA ENERGY:
CALIFORNIA FIRE:
ANY OTHER APPLICABLE LOCAL AND STATE LAWS
AND REGULATIONS.
A.
B.
C.
D.
E.
F.
G.
H.
ASSESSOR'S PARCEL NUMBER:
PROJECT TYPE:
PROJECT LOCATION:
ZONING:
OCCUPANCY GROUP:
CONSTRUCTION TYPE:
NUMBER OF FLOORS:
FIRE PROTECTION:
BEDROOM NUMBER:
BATHROOM NUMBER:
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
EXISTING CONDITION: (NO WORK)
"E" LIVING SPACE: 1350 SQF (MAIN HOUSE)
"E" ATTACHED ADU: 418 SQF (ATTACHED)
LOT AREA: 7895 SQF PROPERTY LOCATION / NTS
AREA CALCULATION:
PROJECT DATA:
DRAWING INDEX:
CODE EDITIONS:
FDN. Foundation
FLR. Floor
FURN. Furnace
G.C. General Contractor
G.F.C.I. Ground Fault Circuit Interrupt
GYP. Gypsum
H.B. Hose bib
HGT. Height
HR. Hour
H.R. Handrail
HTR. Heater
H.V.A.C. Heating, Venting and Air Conditioning
INSUL. Insulation
INT. Interior
LAM. Laminate
LAV. Lavatory
MAX. Maximum
MED. Medium
MIN. Minimum
MTL. Metal (steel)
MUL. Mullion
N.T.S. Not to scale
N.F.C. Not for construction
O.C. On center
O.H. Overhead
OPNG. Opening
GENERAL NOTES:
PLT. Plate
P.L. Property line
PLYWD. Plywood
PWR. Power
R.O. Rough Opening
R.O.W. Right of way
REFG. Refrigerator
REF. Reference
REV. Revision
RMV. Remove
S.C. Self-Closing
SCHED. Schedule
S.D. Smoke detector
SECT. Section
SHT. Sheet
T.O.C. Top of curb
T.O.F. Top of footing
TH. Threshold
TYP. Typical
UNF. Unfinished
W.C. Toilet (water closet)
WCT. Wainscot
W.H. Water Heater
W.I. Wrought Iron
W.I.C. Walk In Closet
YD. Yard
PROJECT CONTACT:
SCOPE OF WORK:
- LEGALIZING INSTALLATION OF UN-PERMITTED AUTOMATED SAFETY GATE AT THE FRONT OF THE PROPERTY.
- GATE AT HEIGHT OF 51 INCHES IN FRONT OF PROPERTY TO BE INSTALLED.
OWNER: CESNIK LARRY W AND JOHNSON MARTHA C
380BLACKWELL DR.,
LOS GATOS, CA 95032
TELL : ---
EMAIL: ---
DESIGNER: RAMIN ZOHOOR
DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #206
SANTA CLARA, CA 95050
TEL: 408.497.5071
EMAIL: [email protected]
LIC. 1002689
BUILDER: DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #203
SANTA CLARA, CA 95050
TEL: 800-816-0000
LIC. 1002689
EMAIL: [email protected]
BUILDER NOTES
1) TO BE VERIFIED A BACKWATER VALVE IS INSTALLED DUE TO PLUMBING WORK. TOWN CODE SECTION 6.40.020 REQUIRED AN APPROVED BACKWATER VALVE ON DRAINAGE PIPING SERVIN FIXTURES THAT HAVE FLOOD LEVEL RIMS LESS THAN 12-INCHES ABOVE THE ELEVATION OF THE NEXT UPSTREAM MANHOLE. CPC 710.0
2) BUILDER MUST PROVIDE THE HOMEOWNER WITH A LUMINARIES SCHEDULE (AS REQUIRED IN TITLE 24 CALIFORNIA CODE OF REGULATIONS, PART 1, 10-103(b)) THAT INCLUDES A LIST OF LAMPS INSTALLED IN THE LUMINARIES.
EXHIBIT 10
EXISTING SITE PLAN (AREA OF WORK)
SC : 1/8" = 1'-0"
1 1/8 INCH = 1 FEET
0 2 4 6 8 10 20 30
GRAPHIC SCALE :
17' 21' 29'-10"
13'-1"
43'-1"
15'-7" 28'-5"
SITE PLAN
1/8" = 1'
A-01
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
HB
OWNERSHIP:
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
SHEET TITLE:
1. CONTACT PUBLIC WORKS, FOR DRAINAGE AND FINAL GRADE INSPECTION, WHICH INCLUDES DRAIN LINES AND ROOF DRAINS/DOWN SPOUTS.
2. ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED PRIOR TO OCCUPANCY.
3. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND INSURING THE AREA ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION.
4. THE CONTRACTOR SHALL REVIEW STD. DETAIL 6-4 ON TREE PROTECTION PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES.
5. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE
WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS SOIL.
6. ALL NEW ELECTRICAL SERVICE (POWER, PHONE, AND OR CABLE) SHALL BE UNDER GROUND.
7. TO INITIATE RELEASE OF BONDS, CONTACT THE PUBLIC WORKS INSPECTOR FOR FINAL INSPECTION.
8. ALL DOWNSPOUTS TO BE RELEASED TO THE GROUND SURFACE, DIRECTED AWAY FROM BUILDING FOUNDATIONS AND DIRECTED TO LANDSCAPE AREAS.
9. PRIOR TO BEGINNING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE
CONTRACTOR WILL BE RESPONSIBLE FOR PULLING AN ENCROACHMENT PERMIT FROM THE PUBLIC WORKS DEPARTMENT.
10. PROVIDE MIN. 5% GRADE SLOPE AWAY FROM FOUNDATION FOR A MIN.
DISTANCE OF 10 FEET MEASURE PERPENDICULAR TO THE FACE OF THE WALL.
WITH EXCEPTION:
a. IF BUILDING SITE DOES NOT ALLOW 10 FEET OF SLOPE, INDICATE THE
INSTALLATION OF DRAINS OR SWALES TO ENSURE DRAINAGE AWAY FROM THE STRUCTURE.
b. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION SHALL BE SLOPED A MIN 2% AWAY FROM THE BUILDING.
11. (E) DRAINAGE SHALL REMAIN THROUGHOUT CONSTRUCTION.
GRADING and DEMO NOTES:
1. A PLOT PLAN SHALL BE PREPARED DESCRIBING THE RELATIONSHIP OF
PROPOSED GRADING AND UTILITY TRENCHING TO THE TREES DESIGNATED FOR PRESERVATION. CONSTRUCTION AND GRADING SHOULD NOT SIGNIFICANTLY RAISE OR LOWER THE GROUND LEVEL BENEATH TREE DRIP LINES. IF THE
GROUND LEVEL IS PROPOSED FOR MODIFICATION BENEATH THE DRIP LINE, THE
ARCHITECT/ARBORIST SHALL ADDRESS AND MITIGATE THE IMPACT TO THE TREE(S).
2. ALL TREES TO BE PRESERVED ON THE PROPERTY AND ALL TREES ADJACENT
TO THE PROPERTY SHALL BE PROTECTED AGAINST DAMAGE DURING
CONSTRUCTION OPERATIONS BY CONSTRUCTING A FOUR-FOOT-HIGH FENCE AROUND THE DRIP LINE, AND ARMOR AS NEEDED. THE EXTENT OF FENCING AND ARMORING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE
TREE PROTECTION SHALL BE PLACED BEFORE ANY EXCAVATION OR GRADING
IS BEGUN AND SHALL BE MAINTAINED IN REPAIR FOR THE DURATION OF THE CONSTRUCTION WORK.
3. NO CONSTRUCTION OPERATIONS SHALL BE CARRIED ON WITHIN THE DRIP
LINE AREA OF ANY TREE DESIGNATED TO BE SAVED EXCEPT AS IS AUTHORIZED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.
4. IF THE TRENCHING IS REQUIRED TO PENETRATE THE PROTECTION BARRIER
FOR THE TREE, THE SECTION OF TRENCH IN THE DRIP LINE SHALL BE HAND DUG SO AS TO PRECLUDE THE CUTTING OF ROOTS. PRIOR TO INITIATING ANY
TRENCHING WITHIN THE BARRIER APPROVAL BY STAFF WITH CONSULTATION OF AN ARBORIST SHALL BE COMPLETED.
5. TREES WHICH REQUIRE ANY DEGREE OF FILL AROUND THE NATURAL GRADE
SHALL BE GUARDED BY RECOGNIZED STANDARDS OF TREE PROTECTION AND DESIGN OF TREE WELLS.
6. THE AREA UNDER THE DRIP LINE OF THE TREE SHALL BE KEPT CLEAN. NO
CONSTRUCTION MATERIALS NOR CHEMICAL SOLVENTS SHALL BE STORED OR DUMPED UNDER A TREE.
7. FIRES FOR ANY REASON SHALL NOT BE MADE WITHIN FIFTY FEET OF ANY
TREE SELECTED TO REMAIN AND SHALL BE LIMITED IN SIZE AND KEPT UNDER CONSTANT SURVEILLANCE.
8. THE GENERAL CONTRACTOR SHALL USE A TREE SERVICE LICENSEE, AS
DEFINED BY CALIFORNIA BUSINESS AND PROFESSIONAL CODE, TO PRUNE AND
CUT OFF THE BRANCHES THAT MUST BE REMOVED DURING THE LANDSCAPE ARCHITECT/ARBORIST WITH APPROVAL OF STAFF.
9. ANY DAMAGE TO EXISTING TREE CROWNS OR ROOT SYSTEMS SHALL BE REPAIRED IMMEDIATELY BY AN APPROVED TREE SURGEON.
10. NO STORAGE OF CONSTRUCTION MATERIALS OR PARKING SHALL BE
PERMITTED WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE SAVED.
11. TREE PROTECTION REGULATIONS SHALL BE POSTED ON PROTECTIVE FENCING AROUND TREES TO BE PROTECTED.
TREE PROTECTION NOTES:
PROPERTY LINE
BLDG FOOT PRINT
LEGEND:
80.09 FEET
100 FEET
60.02 FEET
80.02 FEET
(E) FIRE HYDRANT
NO WORK AROUND THIS
(E) STREET TREE
NO WORK
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK (E) 3/4" WATER LINE NO WORK
MAIN HOUSE FOOTPRINT
NO CHANGE (E) DRIVEWAY NO CHANGE EXISTING MAIN HOUSE AT 200 AMP - NO WORK
EXISTING MAIN HOUSE
GAS METER LOCATION
NO WORK
EXISTING REAR SHED
LESS THAT 120 SQ.FT
NO WORK TO BE DONE
NORTH
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK
EXISTING 6 FT WOOD FENCE EXISTING 4 FT MASONARY & WOOD
FENCE - NO WORK
PROPOSED ROLL METAL GATE
FOR SAFETY 20'-4 1/4"
From: Lawrence Cesnik <l >
Sent: Tuesday, June 13, 2023 11:37 PM
To: Sean Mullin <[email protected]>
Subject: FME-23-002 - Email #9 - 380 Blackwell Dr - Physician Report [EXTERNAL SENDER]
Dear Sean:
I am submitting a few additional emails as documentation for my case:
The first (attached) is our son physician report RE safety concerns.
Sincerely
Larry Cesnik
EXHIBIT 11
From: Lawrence Cesnik < >
Sent: Tuesday, June 13, 2023 11:39 PM
To: Sean Mullin <[email protected]>
Subject: FME-23-002 Email #10: Individualized Program Plan including references to safety concerns
[EXTERNAL SENDER]
Dear Sean:
Please find attached our son Individualized Program Plan (from the San Andreas Regional Center) including several references to safety concerns.
Sincerely,
Larry Cesnik
From: Lawrence Cesnik < >
Sent: Tuesday, June 13, 2023 11:40 PM
To: Sean Mullin <[email protected]>
Subject: FME-23-002 - EMail #11 - Photos of (380 Blackwell Dr) vis-a-vis sidewalk and street
[EXTERNAL SENDER]
Dear Sean,
Please find attached below two photos to help illustrate the safety concerns of our son’s ADU placement near the driveway, sidewalk and street – which motivated the need for an electronic gate as a barrier.
Sincerely,
Larry Cesnik
Larry Cesnik
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
June 20, 2023
Larry Cesnik
380 Blackwell Drive
Los Gatos, CA 95032
Via Email
RE: 380 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8. Located at 380 Blackwell Drive.
APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures.
PROPERTY OWNER: Larry Cesnik and Martha Johnson
APPELLANT: Larry Cesnik
APPLICANT: Ramin Zohoor
At its meeting of June 14, 2023, the Town of Los Gatos Planning Commission granted the above appeal.
The attached conditions of approval will not be final until the Planning Commission has approved the June 14, 2023, meeting minutes at their next meeting, confirming any additional or modified conditions of approval for the project in the underlined font. You will be notified in writing once the Planning Commission has approved the minutes.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed.
If you have any questions, I can be contacted by email at [email protected].
Sincerely,
Sean Mullin, AICP
Senior Planner
N:\DEV\PC\PC ACTION Letters\2023\06-14-23 [380 Blackwell Drive - Item#2; appeal granted].docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
ATTACHMENT 3
PLANNING COMMISSION – June 14, 2023
CONDITIONS OF APPROVAL
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of an Automated Vehicular Gate Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER:
Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below.
2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide parallel to the street.
5. VEHICULAR GATE RELOCATION: The vehicular gate shall be relocated to comply with the 18- foot setback as required be Section 29.40.0315 (c)(3) of the Town Code.
6. ADDITIONAL FENCING: Additional fencing between the existing front property line fencing and the relocated vehicular gate needed to enclose the driveway area is approved to exceed three feet, but shall be no taller than the height of the existing adjacent fencing.
7. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
Building Division
8. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate;
9. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such that a pedestrian shall not come in contact with a moving vehicular access gate. A pedestrian gate shall not be incorporated into an automated vehicular gate panel.
N:\DEV\CONDITIONS\2023\Blackwell Drive, 380 - FHE COA - 06-14-23 DRAFT AMENDED.docx
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LOS GATOS PLANNING COMMISSION 6/14/2023
Item #2, 380 Blackwell Drive
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Kylie Clark
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 4
LOS GATOS PLANNING COMMISSION 6/14/2023
Item #2, 380 Blackwell Drive
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P R O C E E D I N G S:
CHAIR BARNETT: We will now move into the public
hearing portion of our agenda and consider Agenda Item 2, which is the consideration of an appeal of the Community Development Director’s decision to deny a Fence Height
Exception request for construction of an automated vehicle gate exceeding the maximum height and with reduced setbacks on property zoned R-1:8, located at 380 Blackwell Drive, APN 424-12-027, Fence Height Exception Application FHE-23- 002. Property owners are Larry Cesnik and Martha Johnson, and the Appellant is Larry Cesnik. The Applicant is Ramin Zohoor, and the project planner is Sean Mullin.
I note that the Staff indicates that the appeal
tonight is categorically exempt from CEQA under Section 15303(e), New Construction or Conversion of Small
Structures, and that if the appeal is granted tonight a finding is required to be made regarding the application of an exception to the Town’s Fencing Ordinance.
May I have a show of hands by the Commissioners
who have visited the property? Thank you. Are there any disclosures? I don’t see any. Mr. Mullin, why don’t we
proceed with your Staff Report, if you will?
LOS GATOS PLANNING COMMISSION 6/14/2023
Item #2, 380 Blackwell Drive
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SEAN MULLIN: Thank you, and good evening. For
your consideration tonight there is an Appeal of a
Director’s Decision denying an exception to the fence
regulations for a new vehicular gate at 380 Blackwell
Drive.
Located on the corner of Blackwell Drive and
National Avenue, the subject property is with a singlefamily residence and an attached ADU. Existing nonconforming fencing encloses the outdoor spaces on the property except for the driveway area.
The property owner installed a sliding vehicular
gate at the front property line without the benefits of permits to enclose the driveway area, and the property
owner was contacted by the Town and requested to submit a Building Permit for this vehicular gate.
During review of that permit application Planning
Staff noted that the vehicular gate exceed the 3’ height limitation for gates located in the required front yard setback area and the traffic view area and does not meet the required 18’ setback as measured from the edge of the street.
On February 6th of this year the property owner
applied for a Fence Height Exception for the vehicular
gate. The Letter of Justification cited safety concerns
LOS GATOS PLANNING COMMISSION 6/14/2023
Item #2, 380 Blackwell Drive
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related to the illness of a child residing on the property and the need to prevent them from stepping off the
property. Staff was unable to make the required findings to grant the exception and on March 6th the Town denied the request, recognizing that the property is already enclosed by existing fencing and gates except for the driveway area, and that the vehicular gate creates unsafe conditions
caused by the gate lacking the 18’ setback and its
proximity to the intersection of Blackwell and National. On March 8th the property owner appealed this decision based on the justification provided with the exception request.
Staff’s analysis finds that the reduced setback
of the gate would not allow for vehicles to clear the
travel lanes while queuing, potentially obstructing traffic on Blackwell Drive near the intersection of National
Avenue. The added queue time adjacent to the intersection is considered a nuisance and an unnecessary risk.
Based on the analysis provided in the Staff
Report, Staff recommends denial of the appeal, upholding the decision of the Director to deny the exception to the fence regulations.
A Desk Item was distributed this afternoon that
includes additional information related to the safety
concerns of the property owner.
LOS GATOS PLANNING COMMISSION 6/14/2023
Item #2, 380 Blackwell Drive
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In addition to Planning Staff, Engineering Staff
is also in attendance tonight to address any questions of the Commission, and this concludes Staff’s presentation.
CHAIR BARNETT: Thank you, Mr. Mullin. I’ll turn
to the Commissioners and ask if anyone has a question for Staff? Commissioner Hannson.
COMMISSIONER HANSSEN: Thank you; that was very
helpful. I noted in Exhibit 8 that the gate is 13’ and a few inches into the property, so if the gate were moved back 5’, would they be allowed to have that height of a gate?
SEAN MULLIN: Thank you for the question. The
gate, even if moved back 5’, would still be located in the required front yard setback area which has a height
limitation of 3’, and it would also be limited in the
traffic view area which is measured from the adjacent
corner of National and Blackwell.
COMMISSIONER HANSSEN: Thank you.
CHAIR BARNETT: Other questions of Staff at this
time? There will be an opportunity later, of course. We’ll now open the public portion of the public hearing and give the Applicant an opportunity to address the Commission for up to five minutes. Who will be speaking for the Appellant tonight?
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LARRY CESNIK: That will be me.
CHAIR BARNETT: Thank you. If you’ll state your
name and address, please.
LARRY CESNIK: Thank you, ladies and gentlemen of
the Planning Commission and Chair. My name is Lawrence
Cesnik; you can call me Larry. I am the resident at 380 Blackwell Drive here in Los Gatos, and I really want to keep this fairly brief, but obviously open to any questions you’ve got.
I think my major theme here is safety, not only
for our son but also of the citizens of the Town of Los Gatos. Again, the request for the exception is for safety reasons: the safety of our young adult son, Martin. There are a couple of points that are real important to bring up here.
Number one, and you’ll see a photo in a minute,
the ADU that’s on the property directly faces the driveway and the street, and actually across the street, as you may have seen for those who have gone there, is a tower area.
Our son, who has a condition of autism, has very low safety awareness and he does need to be watched when he’s outside.
He is also a very physical guy—he’s at summer camp right now, he’s having a great time—but he does move quickly, and so he can quickly reach the sidewalk, he can reach the
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street and that electric tower area without a barrier, so that’s actually why we built the gate, because we need that gate to prevent any kind of unexpected bolting. So that’s safety for him, our son, Martin.
Also it’s safety of the citizens of Los Gatos,
because if indeed he were to get out into the street area or the sidewalk area obviously there are motorists there, there are pedestrians there, and there are cyclists and pets and so forth, so it’s not just for his own safety but I think the safety of the people and animals that would be walking or driving by.
Just to give you a sense, some of you have been
out to the property already, but you can see where the gate is. Obviously it’s open, it’s not closed now, but if closed it would block that driveway which leads to the sidewalk and into the street, and then the right side view is out towards the street and that yard area around the electric tower near the intersection of Blackwell and National
Avenue. That gives you a visual sense of it.
Here we have a letter from Martin’s primary care
physician, Doctor Chaudry. It’s a little bit small font to read here, but it’s in the record. Essentially what she is saying here is he does have this condition. A lot of folks with this particular condition don’t necessarily have a
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high safety awareness. We’re really working on it a lot, but it’s something we just cannot fully control, and so this is our way of saying hey, can we put a barrier there of some kind that will at least slow him down.
The next couple pages are just some excerpts.
He’s a client of the San Andreas Regional Center and he, like other consumers there, has an individualized program plan. We’re not going to show the whole plan, there’s a lot of private information in there, but what we’ve highlighted in yellow is the word “safety,” because it comes out a lot of times in terms of that’s an issue. So that’s an issue that he has, it’s an issue that we’re working on; it’s an issue that we’re setting goals for him to try to achieve.
Nonetheless, it’s a long process; it’s a lifelong process for him to get there. I think the second page has some
additional plans and goals in his individual program plan.
We have other documentation. As a student he’s
now working in an adult day program in San Jose, but
through his non-public school career at a couple of schools in Redwood City and in Santa Cruz, that’s also been on his individualized educational plan, his IEP.
I think those are really all of my comments. I’m
very happy to answer questions, but again, it’s two-fold
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safety: safety for our son and safety for citizens of the Town.
CHAIR BARNETT: Thank you very much, Mr. Cesnik,
and I’ll turn to my fellow commissioners to see if they have any questions of you. Commissioner Hanssen.
COMMISSIONER HANSSEN: I was just curious; the
fence is about 4’ or so. What’s preventing your son from going over the fence?
LARRY CESNIK: It’s a great question. There’s no
solution. We can’t put up a 20’ fence obviously. He is a physical guy, but it’s really not… The assumption here is that there’s going to be someone on the property. He will never be at home by himself, and so it’s actually to
prevent him from doing a bolt when an adult may be right around the corner there. But if he had a fence that was taller and he tried to climb it, yes, that might slow him down a little bit more, but having a fence there of that size and magnitude will at least have him stop and think, slow him down enough so that an adult can get there.
COMMISSIONER HANSSEN: Have you had any instances
where he was able to climb over the fence?
LARRY CESNIK: No, no. As a matter of fact, he
hasn’t lived on this property a very long time, one of the reasons being we have another property that we’re
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transitioning out of as well, so we’re residents to Los Gatos. One of the reasons, frankly, that he hasn’t full time come to there is because we still haven’t resolved this issue, but in other properties that we’ve had we’ve had similar setups. Again, we’ve been able to use those kinds of, let’s call demotivators, to prevent him from
going too far, whether it’s a gate or similar kind of
barrier.
COMMISSIONER HANSSEN: Okay, thank you.
CHAIR BARNETT: Thank you for that comment.
Commissioner Janoff.
COMMISSIONER JANOFF: Thank you. I’m curious
about the purpose of the vehicular gate. The ADU doesn’t have any driveway-facing windows or doors or access, so it’s just a plain wall, so effectively the driveway is a parking area. You have a fence with a gate that tees into the corner of the ADU that faces National Avenue, and you have one that comes parallel to the street that the
driveway accesses on, so that’s containing your property along with the perimeter fences, so my question is what’s the purpose of the gate? What’s the use of that area, and what are you trying to achieve?
LARRY CESNIK: I think two things. Primarily the
reason for the gate is, again, for the safety of our son,
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and what I would say is yes, it doesn’t look like there’s a clear path from the ADU right to the street, but in reality there is. We actually did not put a door or window in that front for that… We wanted to make it as safe as possible.
There is a door around the side which you can’t see in that photo very well, but it’s really quick for him to come down there, so essentially even though he can’t break through the wall and go right out there, it’s just a few feet more for him to be able for him to access it, so that’s the
first reason. It is actually those several feet that the gate would enclose that is the only open area around our property now. So, yes, we do have the picket fence and
other features there. So it’s the area that actually is close, it’s open; it’s actually the closest to the ADU, even though it’s sort of a side entrance.
The second reason is the reason we are not asking
for (inaudible), because we are adults that live and work, and so we actually do need to get our cars. You’re right, we do park our cars there, that was a garage that the ADU is now, but we need to actually get back and forth, so it was our practical solution to be able to open it up only when we need to get in and out and keep it closed the rest of the time.
COMMISSIONER JANOFF: Thank you.
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CHAIR BARNETT: Other questions by Commissioners?
Vice Chair Raspe.
VICE CHAIR RASPE: Thank you, Chair. Mr. Cesnik,
first of all, thank you for coming this evening and sharing information. I know it’s difficult sharing information, but thank you, it makes our decision making all that much
better.
LARRY CESNIK: Sure.
VICE CHAIR RASPE: Really I think we’re
considering two things here tonight, both the height of the fence and the location of the gate as well.
As to the location, is there a way you could move
the gate back approximately 5’, as Commissioner Hanssen said, still retain a closed off area, but allow enough room that cars could queue without sticking out into the street? Essentially, could you move the gate back 5’?
LARRY CESNIK: I think the answer is almost
anything is possible architecturally. We’d have to talk to our builders, our architects, so I can’t answer the
details. Conceptually I think that’s possible.
May I ask the Commissioners a question to make
sure I understand the idea of the queuing, because that’s not what I’m totally clear on? Is it okay for me to ask
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that question, or not? I want to follow protocol here, so I can fully answer your question.
CHAIR BARNETT: I think he can clarify the
question.
VICE CHAIR RASPE: So my understanding of the
queuing is we need enough room, or the Town wants—and
Staff, please correct me if I’m wrong—while the gate is opening, the Town is trying to avoid any portion of the car backing out into the street, because the gate is a slowopening gate in most instances, and the concern is that the remainder of the car stays in traffic while the gate is opening, and as a result the Town has instituted, I
believe, an 18’ setback to avoid that circumstance, and your gate is currently in violation of the 18’ setback. Do I have that about right? So if you move the gate back to that 18’ mark, it would solve one of your problems.
LARRY CESNIK: Thank you; that helps clarify it.
To me one of the other logical solutions would be, if I’m understanding correctly and not being a person who is
necessarily in a hurry to get out, would be to make sure the gate is fully open before even trying to back the car out. To me, that would simulate how I would back the car out if I didn’t have a gate at all. Is that logical?
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VICE CHAIR RASPE: I appreciate your answer.
Thanks so much.
CHAIR BARNETT: Commissioner Clark, you have your
hand up.
COMMISSIONER CLARK: Thank you. I’m sorry that
I’m on Zoom; I wish I were there in person.
LARRY CESNIK: No problem.
COMMISSIONER CLARK: I have two questions. First,
I was just wondering, how long have you had the gate?
LARRY CESNIK: The gate has been there for I
think at least a year. I don’t know the exact amount of time but whenever we received the violation, and the
Commission probably has a closer idea, but many months ago, it’s been there but it’s obviously been open; it hasn’t been functioning. Maybe the Commission could help, or the Town can help with the dates. Probably around a year or more.
COMMISSIONER CLARK: Okay, thank you. Then my
second question is how often is the gate open versus
closed? I know when I did my site visit it was open, and it’s open in those pictures.
LARRY CESNIK: Right now, unless someone has a
magical way to get to our control, 100% of the time,
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because we’re trying to comply with the notice that we
received.
COMMISSIONER CLARK: Okay, got it. Thank you.
CHAIR BARNETT: Further questions? Commissioner
Burnett.
COMMISSIONER BURNETT: Thank you for coming
tonight. I think my biggest concern is National Avenue is a fairly well traveled road, and if you’re turning onto your street and you are parked there to go into your driveway and the gate is closed, the average length of a car I think is like 1.5’-16’, so part of the car would be in the
roadway, and I think that’s my concern that as cars are coming around the bend you’re wanting to go into your
driveway, the gate is closed, you’re waiting, and there’s traffic coming by and you’re in the roadway. How would you answer that?
LARRY CESNIK: I understand the question, thank
you. I would answer it using the same approach I mentioned to the Vice Chair, which is the control does have quite a bit of distance on it, and we as the homeowner, if we’re granted this exception, could commit to practicing the
following. Like I said a few minutes ago regarding leaving, waiting until it is fully open, and when we’re entering we could activate the gate at a distance, and it’s got a
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pretty good distance on it, so that it would be fully open before we arrive there, thus avoiding the backup that
you’re expressing.
CHAIR BARNETT: You have a further question?
COMMISSIONER BURNETT: Yes, thank you, further
question. So if you had a visitor that didn’t have an
automatic gate opening or they had to wait there and didn’t have the quick access that you have, how would you handle that?
LARRY CESNIK: At this point, given the
logistics, we do not have a lot of space for guests anyway, so we would be asking them to park on the street or make other arrangements, but that would be the normal process just because it’s complicated.
COMMISSIONER BURNETT: Thank you.
CHAIR BARNETT: Other questions? Commissioner
Thomas.
COMMISSIONER THOMAS: Yes, thank you for coming
and sharing all of this information tonight. I really do appreciate it. I feel like you’ve been very thorough and it is well appreciated.
My question is just that if a special security
concern does exist, which I think that’s part of what
you’re presenting tonight, do you feel like you’ve explored
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other options for it to be practically addressed in another way?
LARRY CESNIK: I think we are using other options
in conjunction with the one that we’re requesting. I think as parents of a child with special needs, many of the
actual requirements, we simply cannot depend on just this, a barrier, to help out. There are many things that we need to do, which kind of gets to the program he’s working on, the encouragement of him doing the kind of behaviors, and just, frankly, being alert.
So the answer is yes, it’s been sort of a
lifelong work that we’ve been doing and this is part of the package that we’re hoping for the safety of him and the citizens.
COMMISSIONER THOMAS: Okay, thank you.
CHAIR BARNETT: Commissioner Hanssen.
COMMISSIONER HANSSEN: I just wanted to follow up
on Commissioner Thomas’ question. I think the spirit of that exception which would allow us to grant an appeal is not that you’re using other things in conjunction with the gate, but that there was no other way to secure your son’s safety other than by having this gate.
Just to give an example, one thing that crossed
my mind in looking at this was because there are fences in
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a lot of places on the property is there no way to lock the gates to keep him from entering the driveway? That’s the kind of thing that we would need to understand. Is there no other way to keep him from entering the driveway?
LARRY CESNIK: In my opinion, no practical way. I
suppose there are always ways, and obviously we’d be open to creativity and doing that, but he is our son who has the right to enjoy the property as well, and so we don’t want to restrain him to the point that his liberty is lost,
because it is the fine balance between being able to have him safe but at the same time feeling like he’s a member of the family and a member of the community. That’s why I’m saying there could be other ways; they probably wouldn’t feel in the spirit of how we want to be treating our son.
COMMISSIONER HANSSEN: I understand that. Can I
ask a follow up question? What is the utility of the
driveway to him or to anyone else other than to have cars parked there?
LARRY CESNIK: More ADU owners like ourselves are
using the driveways more to park cars than typical
families, because we’ve eliminated the garage as a space there, so that’s the utility of it for our family. One of the practical examples of how this presents a problem to us
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is that he has to go to his adult day program every day, he has go places.
We do, by the way, love the park down the street.
One of the reasons we chose the neighborhood is it’s an incredible neighborhood for walking and we can walk to
places, so we definitely will take advantage of that.
Obviously, more times than not when we’re leaving
the house we’re not going for a walk, we’re getting into the car, and so on the way to the cars is actually part of the concern. We’ll be very careful there, but that’s
probably a lot of the reasons for that. He doesn’t really have a lot of interest, if I understand your question, of going to the driveway per se; it’s sort of a launching pad to where he’s going next.
COMMISSIONER HANSSEN: I understand, thank you.
CHAIR BARNETT: Commissioner Janoff.
COMMISSIONER JANOFF: Just to clarify. It sounds
like what your need for your son is a secondary form of containment, especially during the times when you have a vehicular transfer for your son.
LARRY CESNIK: Yes, that’s it exactly. Thank you.
CHAIR BARNETT: All right, if there are no more
questions, I don’t see anyone in the audience, or we still don’t have anyone on Zoom, Mr. Paulson? So this would be