How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 01, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
AUGUST 01, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09 Passcode: 771495 You can also type in 87922005778 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Friends of the Library
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve Minutes of the June 13, 2023 Town Council Retreat.
2. Approve Minutes of the June 20, 2023 Closed Session Town Council Meeting.
3. Approve Minutes of the June 20, 2023 Study Session of the Town Council.
4. Approve Minutes of the June 20, 2023 Town Council Meeting.
5. Appoint Mayor Maria Ristow as the Town’s Voting Delegate and Council Member Rob Moore as the Town’s Alternate Voting Delegate for the League of California Cities Annual Conference Scheduled for September 20-22, 2023 in Sacramento.
6. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, ‘Weapons,’ of the Town Code to Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.”
7. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions.”
8. Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy as Recommended by the Policy Committee.
9. Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021), by taking the following actions:
a. Reject the bid from AB Construction Company received on April 6, 2023 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and
b. Authorize the Town Manager to Execute a Construction Agreement with Granite Construction in the Amount of $6,529,395.78 with a 10% Construction Contingency in the Amount of $652,939.58 for a Total Contract Amount Not to Exceed $7,182,335.36 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and
c. Authorize Staff to Execute Contract Change Orders Up To and Within the Not to Exceed 10% Construction Contingency of $652,939.58; and d. Authorize the Town Manager to Execute the Second Amendment to the Agreement for Consultant Services with Mott MacDonald Group to Provide Design Consultant Construction Support Services in an Amount Not to Exceed $206,371; and e. Authorize the Town Manager to Execute an Agreement for Consultant Services with Zoon Engineering for Construction Management, Inspection, and Materials Testing Services in an amount not to exceed $1,220,822.07 and also to encumber a 2% contingency in the amount of $29,177.93 for a total agreement amount not to exceed $1,250,000; and
f. Authorize Advances from the General Fund to the Town’s Grant Fund not to Exceed the Approved Grant Funding of $8,054,305 to Bridge Expenses and Reimbursement Timing.
10. Adopt an Updated Police Officer Association Salary Schedule, Effective July 9, 2023, to Correct a Mathematical Error to the Police Sergeant Classification.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
11. 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.
12. 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’."
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
13. Receive the Fiscal Year 2022/23 Parks Commission Accomplishments and Provide Direction on the Fiscal Year 2023/24 Work Plan.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
14. 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.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
15. Consider Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location:
Town Wide. Applicant: Town of Los Gatos.
16. Provide Direction on Legislative Priorities with Regard to State, Federal, and Regional Legislation and Town Council Policy #2-18: Legislative Policy.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Council Retreat June 13, 2023
The Town Council of the Town of Los Gatos conducted a special meeting in person and virtually utilizing teleconferencing to conduct a Council Retreat on Tuesday, June 13, 2023, at 2:00 p.m.
MEETING CALLED TO ORDER AT 2:01 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
VERBAL COMMUNICATIONS FOR ITEMS ON THE AGENDA
No one spoke.
OTHER BUSINESS
1. Town Council Retreat: Discussion of Values, Norms, and Principles Mayor Ristow and Town Manger Prevetti gave introductory comments.
Facilitator Shawn Spano provided an overview of the retreat discussion.
Council discussed the following:
- Council Values, Principles, and Norms
- Council Diversity, Strengths, and Appreciations
- Council, Staff, and Community Values
MEETING ADJOURNED
Meeting adjourned at 4:45 p.m.
Attest:
_____________________________________
Wendy Wood, Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting - Closed Session Monday, June 20, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, June 20, 2023, to hold a Closed Session at 5:00 p.m.
MEETING CALLED TO ORDER AT 5:02 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
Town Attorney Gabrielle Whelan announced a correction to the Code section listed on the agenda stating that it is Government Code section 54956.9 (d)(3).
VERBAL COMMUNICATIONS
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to Government Code Section 54956(d)(3): One case.
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
Closed Session adjourned at 5:33 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Study Session Tuesday, June 20, 2023
The Town Council of the Town of Los Gatos conducted a special meeting in person and utilizing teleconferencing means on Tuesday, June 20, 2023, at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:35 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
VERBAL COMMUNICATIONS
No one spoke.
STUDY SESSION
1. Discuss and Provide Direction to Potentially Modify Town Policies and Procedures, Including Town Council Policy 2-04, “Town Council Code of Conduct,” Town Council Policy 2-05, “Planning Commission Policies and Procedures,” Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance Requirements, and Establishing a Quorum,” and the Commissioner Handbook.
Gabrielle Whelan, Town Attorney presented the staff report.
Council Member Hudes commented on concerns and stated that he will be recusing himself from this item on a voluntary basis.
Council Member Badame commented on concerns and stated she will be recusing herself from this item on a voluntary basis.
MOTION: Motion by Council Member Moore to continue the study session to a date to be determined when the recusals can be resolved. Seconded by Mayor Ristow.
VOTE: Motion passed by a 3-0-2 vote. (Council Member Hudes and Vice Mayor Badame were recused).
PAGE 2 OF 2
SUBJECT: Draft Minutes of the Town Council Study Session of June 20, 2023 DATE: June 22, 2023
ADJOURNMENT
The meeting adjourned at 5:45 p.m.
Respectfully Submitted:
_____________________________________
Wendy Wood, Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 4
DRAFT
Minutes of the Town Council Meeting
Tuesday, June 20, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, June 20, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:06 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Council Member Hudes led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Midpeninsula Open Space District Board Member Craig Gleason gave a presentation about the District’s activities.
Mayor Ristow presented commendations to the Police Foundation.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Moore stated he hosted a fundraiser for the Los Gatos Anti-Racism Coalition for a rental assistance program and his monthly Council Member Community Coffee; met with the Community Health and Senior Services Chair and separately met with Los Gatos Union School District Superintend Paul Johnson; and attended the West Valley Sanitation District meeting and the Housing Element Advisory Board meeting. - Vice Mayor Badame stated she met with residents on various issues; and attended the Shannon Road community meeting and the Conceptual Development Advisory Committee meeting.
- Council Member Hudes stated he met with members of a newly formed group Friends of Los Gatos Older Adults, attended the Housing Element Advisory Board meeting, commented on concern with the housing element and requested a joint study session with the Planning Commission to review the potential impacts of state law related to preapplications under Senate Bill 330, and participated in the Association of Bay Area Government’s General Membership meeting.
- Council Member Rennie stated he met with Town seniors who are working on the implementation of the Senior Roadmap; and attended the Santa Clara County Local Agency
PAGE 2 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Formation Commission 60-year lunch celebration, the Casa Diablo for Geothermal Plan ribbon cutting ceremony, the Silicon Valley Clean Energy Board meeting and Study Session, and the Cities Association dinner.
- Mayor Ristow attended the Conceptual Development Advisory Committee meeting, the Cities Association Annual Membership Dinner, a couple ribbon cuttings, the beautification committee meeting, and the Council Retreat; and meet with NUMU’s Childrens Art Camp.
Manager Matters
- Announced the Fourth of July celebration at Oak Meadow Park starting at 11:00 a.m. - Announced the concert series Music in the Park will begin on Sunday afternoons in late July at the Civic Center.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Council met in closed session to discuss one item of anticipated litigation pursuant to Government Code section 54956.9(d)(3) and there was no reportable action.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting Minutes of June 6, 2023.
2. Approve Minutes of the June 6, 2023 Town Council Special Meeting Regarding Commission Interviews.
3. Approve Minutes of June 6, 2023 Town Council Meeting.
4. Authorize the Town Manager to Execute an Agreement with Dillingham Associates for Preliminary Design Services for the Pinehurst Community Garden (CIP No. 831-4610) and Lynn Avenue Pedestrian Path Design (CIP No. 832-4510) for a Total Amount Not to Exceed $123,556.
5. Authorize the Town Manager to Issue a Request for Qualifications (RFQ) for Revenue Ballot Measure Consulting Services.
6. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Tree Care Services, Inc. for Tree Trimming and Maintenance Services in an Amount not to exceed $200,000 in Fiscal Year 2023/24 and Total Five-Year Contract Value of Up to $1,000,000.
7. Consider the Following in Support of Tree Trimming and Maintenance:
a. Authorize the Town Manager to Execute a Sixth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2022/23 in an Amount of $75,000 for a Total Annual Amount Not to Exceed $275,000 and a Total Agreement Amount Not to Exceed $1,174,000; and b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount of $75,000 from the Available Tree Replacement Deposit Account.
8. Authorize the Town Manager to Execute an Agreement with Los Gatos Saratoga Community Education and Recreation for Senior Services in the Amount of $225,000.
PAGE 3 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
9. Authorize the Town Manager to Execute a Second Amendment to the Agreement with Whitlock & Weinberger Transportation, Inc. dba W-Trans, Modifying the Scope of Service, Extending the Term, and Increasing the Total Compensation by $50,000 for a Total Contract Amount not to Exceed $250,000 for Consultant Services for the Project Management Function of the Traffic Signal Modernization Project (Project 813-0227).
10. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and Authorize the Town Clerk to Submit for Recordation.
11. Adopt a Resolution Establishing the Fiscal Year 2023/24 Gann Appropriation Limit for the Town of Los Gatos. RESOLUTION 2023-034
12. Receive the Monthly Financial and Investment Report (April 2023).
13. *This item was removed from the agenda posted on June 15, 2023, as noted on the amended agenda posted on June 16, 2023.
14. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with CSG Consultants, Inc. to Extend the Term and Time of Performance to June 30, 2025, Revise the Compensation Approach, and Increase the Minimum Scope of Insurance of the Agreement.
15. Staff Recommends the Town Council:
a. Authorize the Town Manager to Prepare a Joint Jurisdiction (Los Gatos and San José) Grant Application to the Safe Streets and Roads for All Program for a Corridor Study of Blossom Hill Road from Union Avenue to Camden Avenue; b. Authorize Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with Fehr and Peers for a Total Contract Amount Not to Exceed $124,999.14; and
c. Authorize an Expenditure Budget Transfer in an Amount of $25,000 from Available Fiscal Year (FY) 2023/24 Funds in in Project No. 911-9901 – Street Repair and Resurfacing to Project 812-0132 – Local Road Safety Program.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Rennie to approve consent items 1-15 and noted item 13 was previously removed from the Consent Calendar. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 4 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
VERBAL COMMUNICATIONS
Carl Guardino, Vice President of Global Government Affairs for Turano Wireless - Commented on the Third Annual 5K Stars and Stride Run and Walk on Saturday July 1 in Downtown San Jose with proceeds going to Valley Health Foundation to help support the basic health care needs of those in Santa Clara County.
Jeffery Blum, Community Health and Senior Services Commission Chair - Commented on possible County funding for adult day care services or a case manager and requested Council read the mental health and substance abuse report they submitted.
OTHER BUSINESS
16. Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2:
a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2023-035 b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2023-036 c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2023-037 d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2023-038 e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2023-039 f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone. RESOLUTION 2023-040 Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Rennie to adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for
PAGE 5 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone; adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone; adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone; adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone; adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone; adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
17. Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement.
Meredith Johnston, Administrative Technician, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to order the abatement of parcels listed on attachment one of the staff report that are part of the 2023 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
18. Adopt the Following Salary Schedules:
a. Salary Schedule for Management Classifications Effective April 2, 2023, b. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023,
c. Police Officer Association (POA) Salary Schedule Effective July 9, 2023,
PAGE 6 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
d. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023, e. Salary Schedule for Confidential Classifications Effective July 9, 2023, f. Salary Schedule for Management Classifications Effective July 9, 2023, and g. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023.
Gitta Ungvari, Finance Director, presented staff report.
Mayor Ristow called for a recess due to technical difficulties at 8:19 p.m.
Reconvened at 8:32 p.m.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Moore to adopt the Salary Schedule for Management Classifications Effective April 2, 2023; the American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023; Police Officer Association (POA) Salary Schedule Effective July 9, 2023; the Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023; the Salary Schedule for Confidential Classifications Effective July 9, 2023; the Salary Schedule for Management Classifications Effective July 9, 2023; and the Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
PUBLIC HEARING
19. Consider the Following Actions for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601):
a. Consider a Protest in Opposition of the Intent to Award a Construction Agreement for the Adult Recreation Center - Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP No. 821-2601) to Tucker Construction; b. Authorize the Town Manager to Award and Execute a Construction Agreement with Tucker Construction Inc. in an Amount not to Exceed $249,490; and c. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount.
Dan Keller, Facilities and Environmental Services Manager, presented the staff report.
PAGE 7 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Hudes to deny the bid protest and reject the bid from San Jose Demolition as non-responsive and award the construction agreement in Attachment 5 to the staff report to Tucker Construction; and authorize the Town Manager to execute the contract on behalf of the Town. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
OTHER BUSINESS
20. Receive Report on the Status of the Shower Ministry and Provide Direction on the Placement of a Temporary Restroom and the Proposed Parameters for a Hotel Voucher Program for Los Gatos Unhoused Residents.
Laurel Prevetti, Town Manager, presented staff report.
Opened public comment.
Ed Lozowicki, St. Vincent de Paul Society
- Spoke in support of the hotel voucher program for unhoused residents.
Closed public comment.
MOTION: Motion by Mayor Ristow to approve the Shower Ministry, the placement of a temporary restroom, and the proposed parameters Hotel Voucher Program for Los Gatos unhoused residents, leaving it to staff to figure out how the financial part of the vouchers will be managed moving forward. AMENDMENT: to ask staff to define medical stay. Seconded by Council Member Moore.
VOTE: Motion passed by a vote of 4-1. (Council Member Hudes voted no)
PUBLIC HEARINGS
21. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places”.
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SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
Jared Ajlonny
- Commented on the County Sheriff’s process for a Carry Concealed Weapon permit.
Heidi Owens, Moms Demand Action
- Commented in support of the item.
Erica Mittelhauser
- Commented in support of the item.
Marie Rector, Moms Demand Action
- Commented in support of the item.
Bernadette, Moms Demand Action
- Commented in support of the item.
Fred Faltersack
- Commented in support of the item.
Kim B
- Commented in support of the item.
Carrie Walton
- Commented in support of the item.
Maria Gerst
- Commented in support of the item.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to introduce an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.” Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 9 OF 12
SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
22. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions.” The Proposed Amendments to the Town Code are Not Considered a Project Under the California Environmental Quality Act. Town Code Amendment Application A-23-001.
Project Location: Town Wide. Applicant: Town of Los Gatos.
Sean Mullin, Senior Planner, presented the staff report.
Opened public comment.
Randi Chen, Chamber of Commerce
- Commented in support of staff’s recommendations and had some concerns with the specialty retail section regarding coffee shops.
Closed public comment.
MOTION: Motion by Vice Mayor Badame to allow personal service businesses as a permitted use in the C-2 and Office zones. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to adopt the recommended changes to bars markets and other miscellaneous commercial businesses. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Vice Mayor Badame to approve the recommended changes to specialty retail and specialty food retail. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to approve the recommendations for banks, financial and investment services adding language for office activities to include venture capital offices, technology incubator facilities, and biotechnology incubator facilities including dry lab facilities. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
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SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
MOTION: Motion by Council Member Hudes to keep the definition for formula retail business and changing the number from 7 to 11 and keep formula retail business in the “Table of Conditional Uses” changing the square feet from 6,000 to 10,000. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to keep the Conditional Use Permit requirement as-is for group classes. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Moore to adopt the recommended changes for veterinary businesses in C-1 zone. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
Sean Mullin, Senior Planner, summarized the following changes to the proposed ordinance:
Section 29.10.020 “Definitions,” of Chapter 29, “Zoning Regulations,” “Office activities” is amended to include the language “venture capital offices, technology incubator facilities, and biotechnology incubator facilities including dry lab facilities.” Section 29.10.020 “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to keep the definition of “Formula retail business” changing the language to 11 or more other business locations.”
Section 29.20.185 “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” Subsection (1)(o) is amended to read “Formula retail business greater than 10,000 s.f.” and retain the CUP requirements.
Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” Subsection (4)(h) is amended to retain Art, craft, music, dancing school, group classes and retain the CUP requirement.
Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” Subsection (b) is amended retain the language and change six thousand (6,000) to ten thousand (10,000).
Section 29.60.210, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is amended to read “Retailing up to ten thousand (10,000) square feet.”
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SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Section 29.60.320, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is amended to read “Retailing including formula retail up to ten thousand (10,000) square feet.
Section 29.60.320, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(9) is amended to remove “Group classes.”
Section 29.60.420, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is amended to “Retailing, including formula retail up to ten thousand (10,000) square feet.” Section 29.70.100, “Permitted uses,” of Chapter 29, “Zoning Regulations,” Subsection (a)(1) is amended to “Retailing, including formula retail up to ten thousand (10,000) square feet.” Section 29.20.745, ““Development Review Committee,” of Chapter 29, “Zoning Regulations,” Subsection (21) is amended to retain the language “Determine and issue zoning approval for group classes in the C-2 zone.”
MOTION: Motion by Mayor Ristow to introduce the ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions” with the changes noted by staff. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
Mayor Ristow called for a recess at 11:11 p.m.
Reconvened at 11:17 p.m.
OTHER BUSINESS
23. Receive the Report on Potential Revisions and Community Input to the Shannon Road Pedestrian and Bicycle Improvements Project (CIP No. 813-0218) and Provide Design Direction.
Gary Heap, Town Engineer, presented the staff report.
Opened public comment.
Maria Gerst
- Expressed gratitude to the Town Council and the Engineering staff for considering the needs and wants of the residents and commented in support of the proposed option.
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SUBJECT: Draft Minutes of the Town Council Meeting of June 20, 2023 DATE: June 22, 2023
Ryan Rosenberg
- Thanked the Town Council and the Engineering staff for listening to the residents and believed the proposed option is a reasonable compromise.
Mark Bony
- Thanked the Town Council and the Engineering staff for listening to the residents and commented in support of the modified option one.
Bill Ehlers
- Commented in support of three-foot bike lane buffers.
Closed public comment.
MOTION: Motion by Council Member Hudes to provide direction to staff to follow modified option one in an effort to meet the request of the Shannon Road residents and other community members while still meeting Town Council direction of the April 18, 2023, meeting. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 11:50 p.m.
Respectfully Submitted:
_____________________________________
Wendy Wood, Town Clerk
PREPARED BY: Janette Judd
Executive Assistant to the Town Manager and Town Council 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: 5
DATE: July 17, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Appoint Mayor Maria Ristow as the Town’s Voting Delegate and Council Member Rob Moore as the Town’s Alternate Voting Delegate for the League of California Cities Annual Conference Scheduled for September 20-22, 2023 in Sacramento
RECOMMENDATION:
Appoint Mayor Maria Ristow as the Town’s voting delegate and Council Member Rob Moore as the Town’s alternate voting delegate for the League of California Cities Annual Conference scheduled for September 20-22, 2023 in Sacramento.
REMARKS:
Each year the League of California Cities conducts an annual conference to discuss key legislative, social, fiscal, and service issues affecting California municipalities. One important aspect of the conference is its annual business meeting at which the League membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in efforts to improve the quality, responsiveness, and vitality of local government in California.
To expedite the annual business meeting, participating cities/towns have been asked to designate a primary voting delegate and optionally, an alternate voting delegate should the voting delegate be unable to attend or carry out voting duties. The voting delegate is typically the Town’s appointed League of California Cities representative or the appointed alternate. As the current appointed representative to the League, Mayor Maria Ristow will be attending the conference and has agreed to serve as the Town’s voting delegate. Additionally, as the current appointed alternate to the League, Council Member Rob Moor will also be attending the conference and has agreed to serve as the Town’s alternate voting delegate should the need arise.
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SUBJECT: Appoint Mayor Maria Ristow as the Town’s Voting Delegate and Council Member Rob Moore as the Town’s Alternate Voting Delegate for the League of California Cities Annual Conference Scheduled for September 20 - 22, 2023 in Sacramento DATE: July 17, 2023
REMARKS (continued):
At the time of the preparation of this report, the Town had not received the 2023 League of California Cities Conference Resolutions Packet. If it is received prior to the August 1st meeting, it will be transmitted as an Addendum or Desk Item. It has been the Town’s past practice to have the appointed voting delegate determine the Town’s position(s) based on the discussion of the resolution(s) at the League annual business meeting.
Reviewed by: Town Manager and Chief of Police
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: 6
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, Article VII, ‘Weapons,’ of the Town Code to Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places”
RECOMMENDATION:
Adopt an ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Chapter 18, Article VII, ‘Weapons,’ of the Town Code Update the Town’s to Update the Concealed Carry Firearm Licensing Ordinance and Provisions and Prohibit Concealed the Carry of Firearms in Sensitive Places.”
BACKGROUND:
At its regular meeting of June 20, 2023, The Town Council held a public hearing to consider the introduction of an Ordinance titled, “An Ordinance Amending Chapter 18, Article VII, ’Weapons,’ of the Town Code to Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.” The Town Council voted 5-0 to approve the introduction of this ordinance. The ordinance becomes effective 30 days after the adoption.
CONCLUSION:
Staff recommends Town Council adopt the Ordinance titled, “Ordinance Amending Chapter 18, Article VII, ‘Weapons,’ of the Town Code to Update the Town’s Concealed Carry Firearm Licensing Ordinance and Prohibit the Carry of Firearms in Sensitive Places.” COORDINATION:
This report was coordinated by the Town Attorney’s Office, Town Manager’s Office, and the Police Department.
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SUBJECT: Adopt Sensitive Places Ordinance
DATE: July 27, 2023
FISCAL IMPACT:
The Ordinance will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
Adoption of this Ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section 15378.)
Attachments:
1. Draft Sensitive Places Ordinance
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ATTACHMENT 1
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 18, ARTICLE VII, “WEAPONS,” OF THE TOWN CODE TO UPDATE THE TOWN’S CONCEALED CARRY FIREARM LICENSING ORDINANCE AND PROHIBIT THE
CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, the Town of Los Gatos regulates weapons in Chapter 18, Article VII, of the Town Code;
WHEREAS, state Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, Town Code Section 18.70.025 addresses the issuance of concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and
WHEREAS, the Town wishes to update Chapter 18, Article VII, of the Town Code to update its concealed carry firearm license procedures to remove the “good cause” requirement, use the same terminology as the state Penal Code, and add a prohibition on firearms, including concealed carry firearms, in “sensitive places;”
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Legislative Findings:
A. The Town of Los Gatos has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past
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ATTACHMENT 1
decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111; D.C. v.
Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen.
SECTION II. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.005, “Definitions,” to read as follows:
Sec. 18.70.005. Definitions.
For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.
(b) Includes:
1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.
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2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.
3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the California Penal Code.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:
1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or
2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption. “Sensitive Place” means any of the following places:
(a) Town Property;
(b) Any polling place where voting is occurring;
(c) Any School;
(d) A bus, train, paratransit, or other form of transportation paid for in whole or in part with public funds where the public agency that operates the transit system has duly authorized the Town to enforce this prohibition; and
(e) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property. “Town Property” means Town government buildings, including but not limited to, the Civic Center Complex, the Police Operations Building, the Parks and Public Works Department offices, and the Town Library.
“Unloaded”:
(a) Means:
1. No ammunition is in the firearm’s chamber or cylinder; and
2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.
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(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.
SECTION III. Section 18.70.025, “Permit to carry, shoot and discharge” of Article VII, “Weapons,” of Chapter 18, of the Town Code is amended to read as follows:
Sec. 18.70.025. License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. (b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:
1. The applicant is of good moral character.
2. The applicant is a resident of the Town of Los Gatos.
3. The applicant has completed a course of training as described in Penal Code Section 26165.
4. The application complies with state law, the Town Code, and the Town’s concealed carry firearm license procedure adopted by the Chief of Police. (c) License applications shall be submitted electronically using the Town’s on-line concealed carry license application portal.
(d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the Town Code, and the Town’s concealed carry firearm license procedure. (e) Any such license issued shall contain a description of the firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two years from the date of issuance.
(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.
(g) If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (h) The Chief of Police may deny any application that does not comply with state law, Town Code, or the Town’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the Town’s concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or permittee of the decision in person or by mail at the address shown on the
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application on file in the office of the Chief of Police. Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.
Cross reference(s)—Licenses and miscellaneous business regulations, Ch. 14.
SECTION IV. Section 18.70.030, “Sale to, possession, use by minors,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is removed.
SECTION V. Section 18.70.035, “Sling shots; possession prohibited,” of Article VII, “Weapons,” of Chapter 18, of the Town Code is removed.
SECTION VI. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.040, “Prohibited acts – Ban on possession and sale of firearms,” to read as follows:
Sec. 18.70.040. Prohibited acts – Ban on possession and sale of firearms.
No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a sensitive place:
1. A firearm, loaded or unloaded.
2. Ammunition for a firearm.
(b) Sell on Town property:
1. A firearm, loaded or unloaded.
2. Ammunition for a firearm.
SECTION VII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section section 18.70.050, “Exceptions – Ban on possession,” to read as follows:
Sec. 18.70.050. Exceptions – Ban on possession.
Section 18.70.040 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed firearm or a loaded firearm under state law or under 18 U.S.C. Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded firearm under State law;
(c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state
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or federal law to carry a firearm and when such persons are engaged in the exercise of their official duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders;
(e) Any person bringing an unloaded firearm onto Town property in order to exchange or transfer or relinquish it to the Police Department, in compliance with any Police Department operated or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;.
(f) A person delivering unloaded firearms as authorized by state or federal law, to or from law enforcement;
(g) A person lawfully possessing an unloaded firearm in the locked trunk or inside a locked container in a motor vehicle;
(h) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(i) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in exercise of official duties on city properties.
(j) An officer authorized to transport prisoners under applicable California or federal law. (k) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded firearm as a part of that production.
(l) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where firearms are prohibited; any firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(m)A licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.
SECTION VIII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.060, “Exceptions – Ban on sale,” to read as follows:
Sec. 18.70.060. Exceptions – Ban on sale.
Section 18.70.040 does not apply to the purchase of sale of a firearm, or ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.
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SECTION IX. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.070, “Sale to, possession, use by minors,” to read as follows:
Sec. 18.70.070. Sale to, possession, use by minors.
No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor's employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.
SECTION X. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of the Town Code is amended to add section 18.70.035, “Sling shots; possession prohibited,” to read as follows:
Sec. 18.70.080. Sling shots; possession prohibited.
No person shall make use of or wear or carry or have in possession any sling shot, rubber sling or other instrument or contrivance by means of which shots or other missiles of any kind or description are or made to be hurled or projected.
SECTION XI. 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.
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SECTION XII. 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 XIII. 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 XIV. 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 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: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
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: 7
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Land Use and Economic Recovery Amendments Related to Personal Service Businesses, Bars, Tap/Tasting Rooms, Specialty Food Retail, Banks, Financial and Investment Services, Office Activities, Formula Retail, Group Classes, Veterinarians, and Definitions”
RECOMMENDATION:
Adopt an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos amending Chapter 29 ‘Zoning Regulations,’ of the Town Code regarding land use and economic recovery amendments related to personal service businesses, bars, tap/tasting rooms, specialty food retail, banks, financial and investment services, office activities, formula retail, group classes, veterinarians, and definitions.”
DISCUSSION:
On July 20, 2023, the Town Council considered and voted unanimously to introduce an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding economic recovery code amendments, with specific modifications. Adoption of the attached Ordinance (Attachment 1) would finalize this decision and includes the modifications requested by the Town Council described below.
The Town Council motion included four specific modifications to the Draft Ordinance, which are reflected in Attachment 1:
PAGE 2 OF 2
SUBJECT: Economic Recovery Code Amendments
DATE: July 27, 2023
DISCUSSION (continued):
1. Add the following examples to the definition of office activities: venture capital; technology incubator facilities; biotechnology incubator facilities, including dry-lab facilities where testing and analyses is performed using data, coding, and computer systems and excluding wet-lab facilities where testing and analyses are performed using physical samples, biological matter, chemicals, and/or hazardous substances (Section
29.10.020);
2. Retain the definition of formula retail business and amend the definition to define such businesses as those with eleven (11) or more other locations (Section 29.10.020);
3. Continue to require a conditional use permit for group classes in the C-2 zone (Section
29.20.185 (4)(h), 29.20.745 (21), and 29.60.320 (a)(9)); and
4. Revise the size limitation for formula retail as a permitted use in the C-1, C-2, CH, and LM zones from 6,000 square feet to 10,000 square feet. Formula retail businesses exceeding 10,000 square feet would require approval of a Conditional Use Permit. (Sections 29.20.185 (1)(o), 29.20.190, 29.60.210, 29.60.320, 29.60.420, and 29.70.100).
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15378, the proposed ordinance amendments are not a “project” subject to CEQA because the proposed amendments affect processing of applications only and will not impact the physical environment. Individual projects processed in accordance with the Town’s Zoning Code will undergo CEQA review.
Attachments:
1. Draft Ordinance
2. Draft Town Code amendments with tracked changes
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Draft Ordinance Date Adopted
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE
REGARDING LAND USE AND ECONOMIC RECOVERY AMENDMENTS RELATED TO
PERSONAL SERVICE BUSINESSES, BARS, TAP/TASTING ROOMS, SPECIALTY FOOD
RETAIL, BANKS, FINANCIAL AND INVESTMENT SERVICES, OFFICE ACTIVITIES,
FORMULA RETAIL, GROUP CLASSES, VETERINARIANS, AND DEFINITIONS WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its economic impacts that followed including supply chain disruptions and inflation causing hardship on the community and the Town organization, the Town Council deemed it necessary to take additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town Code and provided temporary process streamlining measures to facilitate the retention and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage economic vitality, and reduce commercial vacancies; and WHEREAS, on June 3, 2020, in response to the COVID-19 Pandemic, the Town of Los Gatos adopted Economic Recovery Resolution 2020-022, which was intended to provide economic relief to businesses experiencing economic uncertainty during the COVID-19 emergency orders. Resolution 2020-022 has since been extended and expanded by Resolutions 2021-002, 2021-051, 2022-066, and current Resolution 2023-027 with a sunset date of October 31, 2023; and
WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain issues have created difficult and negative impacts on the Los Gatos business community; and WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic recovery through increased flexibility and opportunity; business permit streamlining; and economic and community vitality; and
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority related to Economic Vitality and Pandemic Recovery, which prioritizes: economic recovery through increased flexibility and opportunity; business permit streamlining; and economic and community vitality; and
ATTACHMENT 1
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
2 of 13
Draft Ordinance Date Adopted
WHEREAS, in consideration of the recent termination of Federal, State, and local emergency orders, and the sunset date of the current Economic Recover Resolution approaching, staff prepared amendments to the Town Code to continue the Town Council’s pre-Pandemic streamlining efforts and to offer post-Pandemic economic recovery support for businesses consistent with the Town Council Strategic Priorities; and WHEREAS, on April 26, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding land use and economic recovery and forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 20, 2023; and WHEREAS, on June 20, 2023, the Town Council reviewed and commented on the proposed amendments regarding land use and economic recovery and the Town Council voted to introduce the Ordinance with specific modifications; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on August 1, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Automobile wrecking” and “Bar” to read as follows:
Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code Section 1789.31 as amended from time to time.
SECTION II. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Fence height” and “Home occupation” to read as follows:
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Draft Ordinance Date Adopted
Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.
SECTION III. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Occupancy” and “Open space” to read as follows:
Office activities means office uses, including but not limited to: administrative; professional; medical; dental; optical; real estate; insurance; financial and investment services; venture capital; technology incubator facilities; biotechnology incubator facilities, including drylab facilities where testing and analyses is performed using data, coding, and computer systems and excluding wet-lab facilities where testing and analyses are performed using physical samples, biological matter, chemicals, and/or hazardous substances; and other similar office uses characterized by an absence of retail sales.
SECTION IV. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Shopping center” and “Stables” to read as follows:
Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-toorder beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.
SECTION V. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Swimming pools” and “Townhouse” to read as follows:
Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.
SECTION VI. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions of “Formula retail business” is amended to read as follows:
Formula retail business means a retail business which, along with eleven (11) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.
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Draft Ordinance Date Adopted
SECTION VII. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions of “Bar,” “Convenience market,” and “Personal service” are amended to read as follows:
Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.
Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and specialty food retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.
Personal service business means uses that predominately sell personal convenience services directly to the public, including but not limited to: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.
SECTION VIII. Subsection (b) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area. (2) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area.
SECTION IX. Subsections (c)(9) and (10) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(9) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.
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Draft Ordinance Date Adopted
(10) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.
SECTION X. Subsection (1) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
TABLE OF CONDITIONAL
USES
RC HR R1 RD R-M R-1D RMH O C-1 C-2 CH LM CM
(1) Commercial
a. Banks, retail X X X
b. Reserved
c. Drive-up window
for any business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department
store
X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant
including those
with outdoor
dining areas or
takeout food
X X X X X
k. Establishment
selling alcoholic
beverages for
consumption on
premises
1. In
conjunction
with a
restaurant or
specialty
X X X X
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Draft Ordinance Date Adopted
food retail
use
2. Without food
service (bar)
X
3. Tap/tasting
room
XXXX
l. Establishment
selling alcoholic
beverages for
consumption off-
premises (this
provision only
applies to
establishments
commencing or
expanding off-
premises sales
after April 23,
1981)
XXX
1. In
conjunction
with a
specialty
food retail
use
XXXX
m. Convenience
market
XXX
n. Reserved
o. Formula retail
business greater
than10,000 s.f
XXXX
p. Reserved
q. New office
building
approved or
constructed after
May 1, 2006
XXX
r. New retail sales
of firearms,
X
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Draft Ordinance Date Adopted
ammunition and
/or destructive
devices as set
forth in section
29.70.100
SECTION XI. Subsection (9)(c) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
TABLE OF CONDITIONAL
USES
RC HR R1 RD R-M R-1D RMH O C-1 C-2 CH LM CM
(9) Agriculture and
Animal Services
c. Veterinary
hospital (without
kennel)
X X X X
SECTION XII. Subsection (b) of Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business greater than ten thousand (10,000) square feet if any of the following findings are made:
(1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over-concentration of similar types of businesses, or
(4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.
SECTION XIII. Section 29.20.745, “Development Review Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.20.745. Development Review Committee.
The Development Review Committee shall:
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Draft Ordinance Date Adopted
(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters which come before the Planning Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), general plan adoptions and amendments, specific plan adoptions and amendments, and capital improvement plans.
(2) Review and make recommendations to the Council concerning community-oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concerning matters not assigned to it.
(4) Reserved.
(5) Determine and issue zoning approval for the storage of hazardous materials as provided in division 1 of article VII of this chapter.
(6) Determine appropriate screening (fencing, landscaping or a combination) for hazardous materials storage sites as provided in division 1 of article VII of this chapter.
(7) Determine and issue zoning approval for grading permits as provided in section
29.10.09045(b) and (c) of this chapter.
(8) Reserved.
(9) Determine and issue zoning approval for lot line adjustments and lot mergers. (10) Reserved.
(11) Under the provisions of section 29.10.070 of this chapter and section 66424.2 of the Subdivision Map Act, determine whether lots have merged. (12) Determine and issue zoning approval for single-family dwellings. (13) Determine and issue zoning approval for minor subdivisions of land consisting of four lots or less.
(14) Determine and issue zoning approval for minor modifications to Planned Developments when the Official Development Plan is not altered. (15) Determine and issue zoning approval for requests for reduction to setbacks on nonconforming lots.
(16) Determine and issue zoning approval for restaurants, specialty food retail use selling alcoholic beverages for consumption off-site or on-site, and tap/tasting rooms. (17) May refer any matter assigned by ordinance to the Development Review Committee for decision to the Planning Commission for decision.
(18) Determine and issue zoning approval for special parking lot surfaces for nurseries or botanical gardens under subsection 29.10.155(1).
(19) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Planning Director.
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Draft Ordinance Date Adopted
(20) Determines applications for demolition, conversion, and removal of accessory dwelling units.
(21) Determine and issue zoning approval for group classes in the C-2 zone.
No Planning Commission action is invalid because of omission of review and recommendation.
SECTION XIV. Section 29.60.085, “Permitted uses,” of Chapter 29, Zoning Regulations,” is amended to read as follows:
Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales. (2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
SECTION XV. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993 provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
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Draft Ordinance Date Adopted
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
SECTION XVI. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line
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Draft Ordinance Date Adopted
of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
(6) The north and south side of West Main Street west of Victory Lane. (7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(d) Notwithstanding subsection (c), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance. (1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.
SECTION XVII. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
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Draft Ordinance Date Adopted
SECTION XVIII. Subsection (a) of Section 29.70.100, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(a) Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses. (4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
(7) Group classes.
(8) Specialty food retail without alcoholic beverages.
SECTION XIX. 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 XX. 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).
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Draft Ordinance Date Adopted
SECTION XXI. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.
SECTION XXII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 20th day of June 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting 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: __________________
This Page
Intentionally
Left Blank
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Ordinance August 1, 2023
ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE
REGARDING LAND USE AND ECONOMIC RECOVERY AMENDMENTS RELATED TO PERSONAL
SERVICE BUSINESSES, BARS, TAP/TASTING ROOMS, SPECIALTY FOOD RETAIL, BANKS,
FINANCIAL AND INVESTMENT SERVICES, OFFICE ACTIVITIES, FORMULA RETAIL, GROUP CLASSES, VETERINARIANS, AND DEFINITIONS.
WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its economic impacts that followed including supply chain disruptions and inflation causing hardship on the community and the Town organization, the Town Council deemed it necessary to take additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town Code and provided temporary process streamlining measures to facilitate the retention and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage economic vitality, and reduce commercial vacancies; and WHEREAS, on June 3, 2020, in response to the COVID-19 Pandemic, the Town of Los Gatos adopted Economic Recovery Resolution 2020-022, which was intended to provide economic relief to businesses experiencing economic uncertainty during the COVID-19 emergency orders. Resolution 2020-022 has since been extended and expanded by Resolutions 2021-002, 2021-051, 2022-066, and current Resolution 2023-027 with a sunset date of October 31, 2023; and
WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain issues have created difficult and negative impacts on the Los Gatos business community; and WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic recovery through increased flexibility and opportunity; business permit streamlining; and economic and community vitality; and
WHEREAS, the Town of Los Gatos Town Council has an adopted strategic priority related to Economic Vitality and Pandemic Recovery, which prioritizes: economic recovery through increased flexibility and opportunity; business permit streamlining; and economic and community vitality; and
ATTACHMENT 2
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction
2 of 14
Ordinance August 1, 2023
WHEREAS, in consideration of the recent termination of Federal, State, and local emergency orders, and the sunset date of the current Economic Recover Resolution approaching, staff prepared amendments to the Town Code to continue the Town Council’s pre-Pandemic streamlining efforts and to offer post-Pandemic economic recovery support for businesses consistent with the Town Council Strategic Priorities; and WHEREAS, on April 26, 2023, the Planning Commission reviewed and commented on the proposed amendments regarding land use and economic recovery and forwarded a recommendation to the Town Council for approval of the proposed amendments with modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 20, 2023; and WHEREAS, on June 20, 2023, the Town Council reviewed and commented on the proposed amendments regarding land use and economic recovery and the Town Council voted to introduce the Ordinance with specific modifications.
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on August 1, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Automobile wrecking” and “Bar” to read as follows with underlining (underlining) indicating new text:
Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in-person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time. The term “check cashing business” as used herein means a retail business owned or operated by a “check casher” as that term is defined in California Civil Code Section 1789.31 as amended from time to time.
SECTION II. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Fence height” and “Home occupation” to read as follows with underlining (underlining) indicating new text:
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Ordinance August 1, 2023
Financial and investment services means businesses that offer financial advice and services, including but not limited to: investment banking, portfolio management, private equity, and venture capital.
SECTION III. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Occupancy” and “Open space” to read as follows with underlining (underlining) indicating new text:
Office activities means office uses, including but not limited to: administrative; professional; medical; dental; optical; real estate; insurance; financial and investment services; venture capital; technology incubator facilities; biotechnology incubator facilities, including drylab facilities where testing and analyses is performed using data, coding, and computer systems and excluding wet-lab facilities where testing and analyses are performed using physical samples, biological matter, chemicals, and/or hazardous substances; and other similar office uses characterized by an absence of retail sales.
SECTION IV. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Shopping center” and “Stables” to read as follows with underlining (underlining) indicating new text:
Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-toorder beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.
SECTION V. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” is amended to add the following between the definitions of “Swimming pools” and “Townhouse” to read as follows with underlining (underlining) indicating new text:
Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.
SECTION VI. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions of “Formula retail business” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Formula retail business means a retail business which, along with seven (7) eleven (11) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.
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SECTION VII. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” definitions of “Bar,” “Convenience market,” and “Personal service” are amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages and snacks are served for on-site consumption.; possibly with entertainment such as music, television screens, video games or pool tables. Food service is not required.
Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.
Personal service business means uses that predominately sell personal convenience services directly to the public, including but not limited to,: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.
SECTION VIII. Subsection (b) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(b) Parking requirements for downtown. In addition to other parking requirements, one visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area. (2) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios.
One (1) parking space for each two hundred fifty (250) square feet of gross floor area.
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SECTION IX. Subsections (c)(9) and (10) of Section 29.10.150, “Number of Off-Street Spaces Required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(9) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, taverns and nightclubs, and tap/tasting rooms. One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.
(10) Business and professional offices, retail banks, financial institutions and investment services, insurance companies, social service agencies and studios.
One (1) parking space for each two hundred thirty-five (235) square feet of gross floor area.
SECTION X. Subsection (1) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
TABLE OF CONDITIONAL
USES
RC HR R1 RD R-M R-1D RMH O C-1 C-2 CH LM CM
(1) Commercial
a. Banks, retail X X X
b. Savings and loan
office Reserved
X X X
c. Drive-up window
for any business
X X X
d. Supermarket X X X
e. Super drugstore X X X
f. Department store X X X
g. Shopping center X X X
h. Motel X X
i. Hotel X X
j. Restaurant
including those
with outdoor dining
areas or takeout
food
X X X X X
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k. Establishment
selling alcoholic
beverages for
consumption on
premises
1. In conjunction
with a
restaurant or
specialty food
retail use
X X X X
2. Without food
service (bar)
X
3. Tap/tasting
room
X X X X
l. Establishment
selling alcoholic
beverages for
consumption off-
premises (this
provision only
applies to
establishments
commencing or
expanding off-
premises sales after
April 23, 1981)
X X X
1. In conjunction
with a
specialty food
retail use
X X X X
m. Convenience
market
X X X
n. Reserved
o. Formula retail
business greater
than 6,000 10,000
s.f
X X X X
p. Personal service
businesses (as set
X
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forth in section
29.60.320)Reserved
q. New office building
approved or
constructed after
May 1, 2006
X X X
r. New retail sales of
firearms,
ammunition and
/or destructive
devices as set forth
in section
29.70.100
X
SECTION XI. Subsection (9)(c) of Section 29.20.185, “Table of Conditional Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text:
TABLE OF CONDITIONAL
USES
RC HR R1 RD R-M R-1D RMH O C-1 C-2 CH LM CM
(9) Agriculture and
Animal Services
c. Veterinary
hospital (without
kennel)
X X X X
SECTION XII. Subsection (b) of Section 29.20.190, “Findings and Decision,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(b) The deciding body, on the basis of the evidence submitted at the hearing, may deny a conditional use permit for a formula retail business greater than six thousand (6,000) ten thousand (10,000) square feet or a personal service business if any of the following findings are made:
(1) The proposed use of the property is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; (2) The proposed use will detract from the existing balance and diversity of businesses in the commercial district in which the use is proposed to be located; (3) The proposed use would create an over-concentration of similar types of businesses, or
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(4) The proposed use will detract from the existing land use mix and high urban design standards including uses that promote continuous pedestrian circulation and economic vitality.
SECTION XIII. Section 29.20.745, “Development Review Committee,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text:
Sec. 29.20.745. Development Review Committee.
The Development Review Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters which come before the Planning Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), general plan adoptions and amendments, specific plan adoptions and amendments, and capital improvement plans.
(2) Review and make recommendations to the Council concerning community-oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concerning matters not assigned to it.
(4) Reserved.
(5) Determine and issue zoning approval for the storage of hazardous materials as provided in division 1 of article VII of this chapter.
(6) Determine appropriate screening (fencing, landscaping or a combination) for hazardous materials storage sites as provided in division 1 of article VII of this chapter.
(7) Determine and issue zoning approval for grading permits as provided in section
29.10.09045(b) and (c) of this chapter.
(8) Reserved.
(9) Determine and issue zoning approval for lot line adjustments and lot mergers. (10) Reserved.
(11) Under the provisions of section 29.10.070 of this chapter and section 66424.2 of the Subdivision Map Act, determine whether lots have merged. (12) Determine and issue zoning approval for single-family dwellings. (13) Determine and issue zoning approval for minor subdivisions of land consisting of four lots or less.
(14) Determine and issue zoning approval for minor modifications to Planned Developments when the Official Development Plan is not altered. (15) Determine and issue zoning approval for requests for reduction to setbacks on nonconforming lots.
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(16) Determine and issue zoning approval for restaurants, specialty food retail use selling alcoholic beverages for consumption off-site or on-site, and tap/tasting rooms. (17) May refer any matter assigned by ordinance to the Development Review Committee for decision to the Planning Commission for decision.
(18) Determine and issue zoning approval for special parking lot surfaces for nurseries or botanical gardens under subsection 29.10.155(1).
(19) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Planning Director. (20) Determines applications for demolition, conversion, and removal of accessory dwelling units.
(21) Determine and issue zoning approval for group classes in the C-2 zone.
No Planning Commission action is invalid because of omission of review and recommendation.
SECTION XIV. Section 29.60.085, “Permitted uses,” of Chapter 29, Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Activities allowed in the O or office zone must be those which would not unreasonably interfere with residential uses or other activities within the O zone, and which are in the following categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated with a professional use, real estate, insurance, stocks and bonds; and other similar offices characterized by absence of retail sales. (2) Retail sales by a pharmacy within a medical building. (3) Group classes.
(4) Personal service businesses.
SECTION XV. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) ten thousand (10,000) square feet.
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(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993 provided any change of use must be a conforming use in the C-1 zone. (6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers, manufacturing, wholesaling, or laundry.
SECTION XVI. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the conduct of commerce and general business and the sale of commodities necessary for the needs of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to six thousand (6,000) ten thousand (10,000) square feet.
(2) Reserved.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
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(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry cleaning plants.
(c) Personal service businesses and office activities in the C-2 zone are subject to the following: Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
(1) Personal service businesses may be allowed on the ground floor in the C-2 zone with a conditional use permit. However, personal service businesses are considered a permitted use in the areas described in subsection (2)a—g below and in the remainder of the C-2 zone.
(2) Office activities in the C-2 zone shall not be located on the ground floor along any street, alleyway, or public parking lot except in the areas described below:
a.(1) Lyndon Avenue;
b.(2) Properties abutting Wood Road;
c.(3) The west side of Victory Lane:
d.(4) The south side of Los-Gatos-Saratoga Road excluding:
i.a. That portion of the property located at the southwest corner of Los-Gatos Saratoga Road and Santa Cruz Avenue described more precisely as located between a straight line extended northerly along the west side right-of-way line of Santa Cruz Avenue and one hundred forty (140) feet west of that extended line.
ii.b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University Avenue; and
e.(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
f.(6) The north and south side of West Main Street west of Victory Lane. g.(7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that do not have street frontage.
(3d) Notwithstanding subsection (c)(2), office activities on ground floors described below shall be considered conforming and shall be allowed to continue so long as the office use is not discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued for such a period, then the office use shall not be resumed, and token use shall not toll or interrupt a period of discontinuance. a.(1)Office activities existing on June 17, 1991; or
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b.(2)Office activities in a building under construction on July 16, 1990, if the applicable architecture and site approval specifically stated that the building was approved for office activities.
SECTION XVII. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) ten thousand (10,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
SECTION XIII. Subsection (a) of Section 29.70.100, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
(a) Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:
(1) Retailing, including formula retail up to six thousand (6,000) ten thousand (10,000) square feet.
(2) Personal service businesses.
(3) Service businesses necessary for the conduct of households or businesses.
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(4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.
(5) Limited manufacturing.
(6) Wholesaling and warehousing.
(7) Group classes.
(8) Specialty food retail without alcoholic beverages.
SECTION XIX. 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 XX. 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 XXI. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.
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SECTION XXII. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 20th day of June 2023, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the 1st 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: __________________
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: 8
DATE: July 19, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy as Recommended by the Policy Committee
RECOMMENDATION:
Approve the modification to Town Council Policy 2-17: Solicitation and Donation Policy (Attachment 4) as recommended by the Policy Committee.
BACKGROUND:
In 2015, the Town Council established a Solicitation and Donation Policy (Attachment 1) to recognize the annual donations from the Friends of the Library, Police Foundation, and other organizations. The Policy also allows for solicitations which were needed when the Town operated Music in the Park and sought in-kind and other support for this beloved concert series.
Every year, consistent with the Policy, the Council identifies specific donation opportunities and adopts a list when it considers the annual Budget. Attachment 2 contains the approved list for Fiscal Year 2023-24.
During the Council discussion of the donation list, the Council requested that the Town Council Policy Committee review the Solicitation and Donation Policy to determine potential changes needed to align with the Council’s Strategic Priorities (Attachment 3).
DISCUSSION:
In June, the Policy Committee discussed the Solicitation and Donation Policy. The Policy itself sets forth definitions, parameters, and procedures without directing any specific requirements for establishing the Town Council’s annual list of donation opportunities. Members of the public were present at the meeting and did not provide comments on this item.
PAGE 2 OF 2
SUBJECT: Approve the Modification to Town Council Policy 2-17: Solicitation and Donation Policy as Recommended by the Policy Committee
DATE: July 19, 2023
DISCUSSION (continued):
After discussion, the Committee voted to recommend to the Town Council to amend the first sentence in the section titled “Procedure for Establishing Council Approved Town Needs” to read, “The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities, including but not limited to items related to the Town Council’s Strategic Priorities, Town programs, and/or capital project needs.” The proposed new language is redlined in Attachment 4.
CONCLUSION:
The proposed modification clarifies the alignment between the Strategic Priorities and the annual donation opportunities list, consistent with Council’s original direction.
COORDINATION:
This report was coordinated with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with the Town Council considering modifications to the Donation Policy.
ENVIRONMENTAL ASSESSMENT:
This item is not a project defined under the California Environmental Quality Act, and no further action is required.
Attachments:
1. Existing Town Council Policy 2-17: Solicitation and Donation Policy
2. Donation Opportunities for Fiscal Year 2023-24
3. Strategic Priorities
4. Proposed Town Council Policy 2-17: Solicitation and Donation Policy - Redlined
Title: Solicitation and Donation Policy Policy Number: 2-17 Effective Date: 10/6/15 Pages:4
Enabling Actions: Revised Date:
Approved:
-c:..:.::::::_:
PURPOSE
The purpose of this policy is to effect Town donations and solicitations in a manner that complies with both the letter and spirit of California ethics laws and, within that that framework, to expand the potential for community donations by establishing a mechanism by which individuals and organizations may be more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies, foundations or other entities initiated by the Town Council and other elected officials, Council advisory bodies, and Town employees herein called "Town Officials" for the purpose of receiving goods, services, or other contributions for the Town. Targeted solicitation excludes the direct petition for government, private, or non-profit grants for Council-approved programs, projects, and services. Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies, foundations, non-profit organizations, or other entities of donation opportunities through various communication vehicles, including but not limited to written, electronic, or internet-related publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or other contributions:
ATTACHMENT 1
Title: Solicitation and Donation
Page:
2 of 4
Policy Number:2-17
• Broad outreach must relate to a Town Council-approved purpose, service, project, or program. • Broad outreach for goods, services, or other contributions should be made by using a variety of communication methodologies to ensure outreach to the entire community. • Donations shall not be made under the guise, pretense, or presumption of receiving official Town endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities. Council consideration and approval of the list of Town needs may occur as part of the annual operating and capital budget development process and can be amended by Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non-profit organizations, or other entities will be considered for acceptance or rejection, including items offered for donation that are identified on a Council approved list of needs. The acceptance of all donations to the Town will be based on the following guidelines.
• Purpose of the donation.
• Community or municipal need for the donation.
• Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws.
• Timeliness of the donation as it relates to implementation. • Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market value equal to or less than $25,000.
Donations over $25,000
Title: Solicitation and Donation
Page:
3 of4
Policy Number:2-17
The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000.
Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific Town Departments in Offering Community Services:
■ Potential uses for donation funds will be discussed and agreed upon with the respective nonprofit bodies, in accordance with the Council approved Solicitation and Donation Policy. ■ Funds donated will be placed into accounts as designated by the Finance Director. • The departments may expend donated funds once received and deposited into the appropriate account only for items identified on the Council approved Town of Los Gatos Donation Opportunities List ofTown Needs, which is approved annually with the Town's operating budget.
■ At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines established in this policy, will be written to guide the Council when considering major donations. The report will also provide donation recognition alternatives for Council consideration should the donation be accepted. The Council will determine on a case by case basis if the donation should be accepted or rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations, and policies. Recognition of donations will be determined by the Council or Town Manager and shall be consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of recognition as indicated below. Other forms of recognition may be approved by the Town Council via resolution if compelled by special circumstances which shall be specified in the resolution. ■ Written and/or verbal recognition.
• Public recognition at Town Council meetings.
• Inclusion in Town public communication materials, such as electronic media and selected publications.
■ Plaques.
Title: Solicitation and Donation
Page:
4 of4
Policy Number:2-17
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name(s) of the person(s) being recognized and applicable date, with standard wording limited to:
■ The Town of Los Gatos recognizes and appreciates _______ [and his/her family] for [his/her/their] donation to [identify facility].
• The Town of Los Gatos recognizes and appreciates
organization] for its donation to [identify facility].
[business or
• The Town of Los Gatos recognizes and appreciates _______ for [his/her/its] donation to [identify facility] in the name of _______ _
■ Or language acceptable to the Town Council.
The size of the plaque shall not exceed 8"x10," unless the number of donors exceeds the allowable space. For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent with acceptance requirements of this policy or by Council on a case by case basis should special circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances and approved by the Town Council via resolution, Town facilities shall not be named after an individual, group, organization or business as a result of any donated good, service, or other contribution to the Town.
APPROVED AS TO FORM:
ATTACHMENT 2
TOWN OF LOS GATOS DONATION OPPORTUNITIES
FY 2023/24 LIST OF TOWN NEEDS
To ensure that all donations and contributions are sought and accepted in an ethical manner, the Council established a Donation and Solicitation Policy. A list of Town needs was developed to identify goods, services, and other contributions to enhance Town services, programs, and events. The recommended needs for FY 2023/24
PUBLIC SAFETY
Volunteer Program Materials and Equipment
Specialized Public Safety Equipment and Supplies, including Support for Canine Program Training Support for Public Safety Staff and Volunteers Equipment, Supplies and Materials to support Police Operations Community Outreach Program Supplies
LIBRARY SERVICES
Children, Youth, and Adult Program Collections, Supplies and Services Media items and other items for public circulation
Funding to Support Technological Enhancements, including Digital Services Equipment and Services to Support Historical Preservation Efforts Resource support for Collection Development and Reference, Local History, and Library Policy
SENIOR SERVICES
Home emergency kits geared towards the needs of seniors Senior Service Committee seeks targeted solicitations for community engagement per the Town Solicitation and Donation Policy.
COMMUNITY EVENTS
Supplies, Materials, and Services for Special Community and Volunteer Events and Activities Funding for the realization of Public Art projects or Donations of Public Art subject to Public Art Selection Policy
TOWN PARKS AND FACILITIES
Beautification Materials and Services for Town Parks, Open Space, and Infrastructure; Land for Parks and Open Space
Contributions that Support Recreation or Expansion of Athletic Fields Contributions that support multi-modal transportation.
SUSTAINABILITY
Contributions to Help Minimize Impacts on Local, Regional, and Global Ecosystems through Conservation, Reduced Pollution, Increased Efficiency, and Protection of Wildlife, Vegetation, and other Ecosystems.
TECHNOLOGY
Equipment, Software and Services to Enhance Communication with the Public and Organizational Productivity
Prudent Financial Management
Quality Of LifE
Traffic/Transportation
Safety
Address Pension & OPEB Obligations
Sell or Lease Certain Town Properties
Develop a Five-Year Structurally Balanced
and Sustainable Operating Forecast
Explore New Revenue Opportunities
Cure Forecasted Structural Deficit
Develop a Five-Year Full Funded Capital Plan
Community Vitality
Diversity, Equity & Inclusion Efforts
Community Where Older Adults Thrive
Adopt a Senior Road Map
Events & Other Town-Wide Efforts
Community Engagement
Environmental Sustainability/Climate Resiliency
Economic Vitality & Pandemic Recovery
Policies & Ordinances
Semi-Permanent Parklets
Streamline Permit Process
Land Use Planning
General Plan 2040
Housing Element
Affordable Housing Partnerships
SB9 Implementation
Work with Town Partners to Support Needs of
Unhoused Residents
Redefine Town Commissions in Alignment with
Strategic Priorities
Comprehensive Parking Study
Short, Medium, and Long-Term Actions
Transportation Demand Management
Measure B Transportation Projects
Bicycle & Pedestrian Improvements
Community Shuttle
Summer/Rush Hour/School Traffic
Regional Transportation Issues
Traffic Calming/Safety for All Users
Community Policing
Emergency Preparedness
CERT Recruitment & Training
Communications, EOC Readiness &
Emergency Plan Development
Fire Protection
Implementation of Ad Hoc Wildfire
Mitigation Plan
Vegetation and Hazardous Tree
Management
Ongoing Strategic Priorities
2023-2025
ATTACHMENT 3 Page 71
COUNCIL POLICY MANUAL
Title: Solicitation and Donation Policy Policy Number: 2-17 Effective Date: 10/6/15 Pages: 4
Enabling Actions: Revised Date: 8-1-23
Approved:
ATTACHMENT 4
Small Town Service Community Stewardship Future Focus
PURPOSE
The purpose of this policy is to effect Town donations and solicitations in a manner that complies with both the letter and spirit of California ethics laws and, within that that framework, to expand the potential for community donations by establishing a mechanism by which individuals and organizations may be more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies, foundations or other entities initiated by the Town Council and other elected officials, Council advisory bodies, and Town employees herein called “Town Officials” for the purpose of receiving goods, services, or other contributions for the Town. Targeted solicitation excludes the direct petition for government, private, or non-profit grants for Council-approved programs, projects, and services. Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies, foundations, non-profit organizations, or other entities of donation opportunities through various communication vehicles, including but not limited to written, electronic, or internet-related publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or other contributions:
Title: Solicitation and Donation Policy
Page:
2 of 4
Policy Number:
2-17
Broad outreach must relate to a Town Council-approved purpose, service, project, or program. Broad outreach for goods, services, or other contributions should be made by using a variety of communication methodologies to ensure outreach to the entire community. Donations shall not be made under the guise, pretense, or presumption of receiving official Town endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities, including but not limited to items related to the Town Council’s Strategic Priorities, Town programs, and/or capital project needs. Council consideration and approval of the list of Town needs may occur as part of the annual operating and capital budget development process and can be amended by Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non-profit organizations, or other entities will be considered for acceptance or rejection, including items offered for donation that are identified on a Council approved list of needs. The acceptance of all donations to the Town will be based on the following guidelines.
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws.
Timeliness of the donation as it relates to implementation. Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market value equal to or less than $25,000.
Donations over $25,000
Title: Solicitation and Donation Policy
Page:
3 of 4
Policy Number:
2-17
The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000.
Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific Town Departments in Offering Community Services:
Potential uses for donation funds will be discussed and agreed upon with the respective nonprofit bodies, in accordance with the Council approved Solicitation and Donation Policy. Funds donated will be placed into accounts as designated by the Finance Director. The departments may expend donated funds once received and deposited into the appropriate account only for items identified on the Council approved Town of Los Gatos Donation Opportunities List of Town Needs, which is approved annually with the Town’s operating budget.
At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines established in this policy, will be written to guide the Council when considering major donations. The report will also provide donation recognition alternatives for Council consideration should the donation be accepted. The Council will determine on a case by case basis if the donation should be accepted or rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations, and policies. Recognition of donations will be determined by the Council or Town Manager and shall be consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of recognition as indicated below. Other forms of recognition may be approved by the Town Council via resolution if compelled by special circumstances which shall be specified in the resolution. Written and/or verbal recognition.
Public recognition at Town Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected publications.
Plaques.
Title: Solicitation and Donation Policy
Page:
4 of 4
Policy Number:
2-17
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name(s) of the person(s) being recognized and applicable date, with standard wording limited to:
The Town of Los Gatos recognizes and appreciates ________________ [and his/her family] for [his/her/their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates ________________ [business or organization] for its donation to [identify facility].
The Town of Los Gatos recognizes and appreciates ________________ for [his/her/its] donation to [identify facility] in the name of _________________. Or language acceptable to the Town Council.
The size of the plaque shall not exceed 8”x10,” unless the number of donors exceeds the allowable space.
For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent with acceptance requirements of this policy or by Council on a case by case basis should special circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances and approved by the Town Council via resolution, Town facilities shall not be named after an individual, group, organization or business as a result of any donated good, service, or other contribution to the Town.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/01/2023
ITEM NO: 9
DATE: July 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML5067(021), by taking the following actions:
a. Reject the bid from AB Construction Company received on April 6, 2023 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and
b. Authorize the Town Manager to Execute a Construction Agreement with Granite Construction in the Amount of $6,529,395.78 with a 10% Construction Contingency in the Amount of $652,939.58 for a Total Contract Amount Not to Exceed $7,182,335.36 for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and c. Authorize Staff to Execute Contract Change Orders Up To and Within the Not to Exceed 10% Construction Contingency of $652,939.58; and d. Authorize the Town Manager to Execute the Second Amendment to the Agreement for Consultant Services with Mott MacDonald Group to Provide Design Consultant Construction Support Services in an Amount Not to Exceed $206,371; and
e. Authorize the Town Manager to Execute an Agreement for Consultant Services with Zoon Engineering for Construction Management, Inspection, and Materials Testing Services in an amount not to exceed $1,220,822.07 and also to encumber a 2% contingency in the amount of $29,177.93 for a total agreement amount not to exceed $1,250,000; and
f. Authorize Advances from the General Fund to the Town’s Grant Fund not to Exceed the Approved Grant Funding of $8,054,305 to Bridge Expenses and Reimbursement Timing.
PAGE 2 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
RECOMMENDATION:
Authorize the construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021), by taking the following actions:
a. Reject the bid from AB Construction Company received for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and b. Authorize the Town Manager to execute a Construction Agreement with Granite Construction in the amount of $6,529,395.78 with a 10% construction contingency in the amount of $652,939.58 for a total contract amount not to exceed $7,182,335.36 for construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project; and c. Authorize staff to execute contract change orders u to and within the not to exceed 10% construction contingency of $652,939.58; and
d. Authorize the Town Manager to execute the Second Amendment to the Agreement for Consultant Services with Mott MacDonald Group to provide design consultant construction support services in an amount not to exceed $206,371; and e. Authorize the Town Manager to execute an Agreement for Consultant Services with Zoon Engineering for construction management, inspection, and materials testing services in an amount not to exceed $1,220,822.07 and also to encumber a 2% contingency in the amount of $29,177.93 for a total agreement amount not to exceed $1,250,000; and f. Authorize advances from the General Fund to the Town’s Grant Fund not to exceed the approved grant funding of $8,054,305 to bridge expenses and reimbursement timing.
BACKGROUND:
The Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (Project) was identified as a priority in the 2017 Bicycle and Pedestrian Master Plan and the 2020 Update to the Plan.
Design of the Project was started in 2018 and staff has been working on design, environmental clearance, and development of construction documents ever since.
On January 17, 2023, Town Council authorized staff to issue two bids for the Project: one for construction and a second for construction management, inspection, and material testing services. Construction bids were opened on April 6, 2023 and a total of five bids were received.
The bids submitted by contractors for construction exceeded the Engineer’s Estimate for the Project and the available construction budget. After a thorough review of the bids submitted, the project team determined that the bids received were representative of the current cost for the construction of the project.
On June 6, 2023, Town Council authorized a revised funding plan for the project which included the approval of additional General Fund Appropriated Reserve (GFAR) and grant funding. The grant funding occurs as reimbursements and the Fiscal Impact section of this report identifies additional fiscal actions needed to cover the upfront costs of this project.
PAGE 3 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
BACKGROUND (continued):
Bids for construction management, inspection, and material testing were based on qualifications.
DISCUSSION:
Construction Contract
The five bids were received by the Town and opened on April 6, 2023. At the bid opening, the following bids were read aloud as follows:
A&B Construction $5,868,881.42*
Granite Construction $6,529,395.78
Ghilotti Construction Company, Inc. $6,635,782.95
Gordon N. Ball, Inc. $6,760,897.80
Robert A. Bothman Construction $6,869,055.70
*Subsequently, staff determined that the submitted bid total was incorrect.
The final bid summary is included in Attachment 1. The apparent low bidder, A&B Construction, omitted Bid Item No. 45 – Tree Removal from their bid, and also provided an incorrect bid total. Per statements in the call for bids, omitting a bid item renders the bid nonresponsive and requires the bid from A&B Construction to be rejected. Additionally, Granite Construction Company has submitted a formal protest of the A&B Construction bid, requesting the bid be rejected for the reasons noted above. The next lowest bid was submitted by Granite Construction and was subsequently reviewed and determined to be the lowest responsive and responsible bid.
Staff is therefore recommending the Town Council reject the bid received from A&B Construction and authorize the Town Manager to execute the Construction Agreement with Granite Construction in the amount of $6,529,395.78, including a 10% construction contingency in the amount of $652,939.58 for a total contract amount not to exceed $7,182,335.36. The proposed Construction Contract is contained in Attachment 2. Staff is also recommending the Town Council authorize staff to execute construction contract change orders up to the construction contingency amount of $652,939.58 to allow for the efficient and expedient resolution of any unforeseen construction issues.
Construction Support Services - Mott MacDonald Group – Second Amendment Mott MacDonald Group completed the original design documents for the project under an Agreement for Consultant Services with the Town. A First Amendment to this agreement provided additional services necessary to complete the project design. The proposed Second
PAGE 4 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
DISCUSSION (continued):
Amendment to the Agreement for Consultant Services is being presented to allow for the design engineers to be available at specific key points during the project construction for review of documents and field procedures to ensure compliance with the design intent. This is recommended as the review of specific structural and architectural shop drawings by the original design team is the most effective and efficient process for review of these drawings and calculations. Although Mott MacDonald did propose on providing construction support services during the original consultant selection process, the project team did not include these services in the original contract since construction funding had not been secured at that time.
With construction funds secured, staff is now recommending the Town Council authorize the Town Manager to execute the Second Amendment to the Agreement for Consultant Services with Mott MacDonald Group in an amount not to exceed $206,371 to provide the construction support services needed from the design engineering team, bringing the total contract amount for engineering services for this project to $783,118 (approximately 12% of the base construction contract amount). The proposed Second Amendment is contained in Attachment
3. Construction Management, Inspection, and Materials Testing Services – Zoon Engineering A Request for Proposals (RFP) to provide construction management, inspection, and materials testing services for this project was released by the Town’s Parks and Public Works Department on February 23, 2023. Four proposals were received and evaluated by a three-member selection committee comprised of Town staff. After a comprehensive review of the proposals submitted, the Zoon Engineering team was determined to be the most qualified firm to provide the Construction Management, Inspection and Materials Testing Services for the project.
Per federal consultant selection guidelines, cost negotiations with the selected consultant began only after the most qualified firm, Zoon Engineering, was determined. The selection committee has completed the final cost and scope of services negotiations with Zoon Engineering and staff has prepared the proposed Consultant Services Agreement (Attachment 4). Staff is recommending the Town Council authorize the Town Manager to execute the Consultant Services Agreement with Zoon Engineering in an amount not to exceed $1,220,822.07 and also to encumber a 2% contingency in the amount of $29,177.93 for a total contract amount not to exceed $1,250,000.
CONCLUSION:
Should Council approve the recommended actions, the project is anticipated to move forward into construction beginning in September 2023. The project is anticipated to be completed within 14 months, with completion anticipated by the end of 2024. The project team will use
PAGE 5 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
CONCLUSION (continued):
the project page on the Town’s website to keep the community updated on the project progress.
ALTERNATIVES:
Alternatives to postpone construction are likely to result in additional project costs due to recertifications that would be required for various project components including environmental clearances, Caltrans construction standards, and updates to the plans and permits issued for the project construction. Rebids of the construction and consultant services contracts would likely not result in savings to the project given the current bidding climate. Projects of similar nature have been experiencing higher than anticipated construction costs, and there is no indication that construction costs will decrease in the future. Should the Town wish to cancel the project, the OBAG grant funds received for design ($343,000) would be required to be reimbursed, and the Town would not be moving forward to complete the project as identified in the Bicycle and Pedestrian Master Plan. For these reasons, staff is not recommending alternatives to the proposed actions.
COORDINATION:
This memorandum was coordinated with the Town’s Complete Streets and Transportation Commission, the Town Attorney’s Office and Finance Department and Santa Clara County Transportation Authority (VTA).
PAGE 6 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
FISCAL IMPACT:
*GFAR - General Fund Appropriated Reserve
*OBAG - One Bay Area Grant *CMAQ - Congestion Mitigation and Air Quality *TFCA - Transportation Fund for Clean Air
*TDA - Transportation and Development Act Article 3
Budget Costs
GFAR (Available Now) $ 1,428,127
OBAG Cycle II Grant - CMAQ (Previously Reimbursed for Design) $ 343,000 OBAG Cycle II Grant - CMAQ (Funds Allocated for Construction - to be Reimbursed) $ 3,351,000
OBAG Cycle II Grant - CMAQ (Funds Allocated for Construction - to be Reimbursed) $ 2,842,000
Measure B -2016 Program Bicycle and Pedestrian Program (Funds Allocated for Construction - to be Reimbursed) $ 693,500
TFCA Grant Funds (Funds Allocated for Construction - to be Reimbursed) $ 755,921 TDA3 Grant Funds (Funds Allocated for Construction - to be Reimbursed) $ 68,884 Total Source of Funds $ 9,482,432
USE OF FUNDS
Consultant Services (Mott MacDonald Group) $ 576,747
Part-Time Staff $ 99,297
Misc. Project Delivery Costs $ 490
Design Total (Completed) $ 676,534
Construction Contract (Granite Construction) $ 6,529,396 Construction Contingency (10%) $ 652,940
Construction Management, Inspection and Materials Testing (Zoon Eng.) $ 1,220,822 Consultant Contract Contingency $ 29,178
Town Project Management $ 127,000
Construction Support Services (Mott MacDonald Group) $ 206,371 Misc. Project Delivery Costs $ 40,192
Construction Totals $ 8,805,898
Total Project Expenditures $ 9,482,432
Remaining Budget $0
Los Gatos Creek Trail to Highway 9 Trailhead Connector
CIP No. 832-4505
Construction Phase
SOURCE OF FUNDS*
Design Phase (Completed - OBAG Cycle II CMAQ Reimbursement of $343,000 Received) Page 81 PAGE 7 OF 7
SUBJECT: Authorize the Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and Associated Actions.
DATE: July 27, 2023
FISCAL IMPACT (continued):
The grant funds that support this project are reimbursement grants, meaning the Town must pay its contractors, consultants and staff and submit invoices to the granting agencies for reimbursement.
Staff requests that Town Council approve advances from the General Fund to the Town’s Grant Fund not to exceed the approved grant funding of $8,054,305. Based on the timing of the reimbursement, staff anticipates pulling cash from the Town’s Local Agency Investment Fund (LAIF) as needed. The Town’s interest income will decrease if LAIF balance is decreased. The cash advances from the General Fund can be recorded in the Town’s general ledger and tracked on an ongoing basis with updates on the cash flows provided at mid-year and at fiscal yearend.
ENVIRONMENTAL ASSESSMENT:
Caltrans opted to be the lead agency for the CEQA and NEPA environmental clearances for the project and has provided the final CEQA Categorical Exemption and NEPA Categorical Exclusion environmental certifications.
This is a project as defined under CEQA but is Categorically Exempt Class 1 (CEQA Section 15301)(PRC 21084;14 CCR 15300 et seq).
The project has been determined to be Categorically Excluded under NEPA 23 CRF 771.117(c) activity (c)(3).
Attachments:
1. Bid Summary
2. Construction Agreement – Granite Construction, with Exhibits
3. Second Amendment – Consultant Services Agreement – Mott MacDonald Group, with Exhibits
4. Construction Management, Inspection, and Materials Testing Consultant Services Agreement – Zoon Engineering, with Exhibits
1 05005A Construction Staking LS 1 $ 60,000.00 $ 60,000.00 $ 50,000.00 $ 50,000.00 $ 31,240.00 $ 31,240.00 $ 30,000.00 $ 30,000.00 $ 36,000.00 $ 36,000.00 2 146002 Contractor Supplied Biologist and Natural
Resources Protection Plan LS 1 $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 52,200.00 $ 52,200.00 $ 25,000.00 $ 25,000.00 $ 34,000.00 $ 34,000.00 3 070030 Lead Compliance Plan LS 1 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 10,000.00 $ 10,000.00 $ 8,125.00 $ 8,125.00 4 080050 Progress Schedule (Critical Path Method) LS 1 $ 20,000.00 $ 20,000.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 26,000.00 $ 26,000.00 5 120090 Construction Area Signs LS 1 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 $ 2,000.00 $ 2,000.00 6 120100 Traffic Control System LS 1 $ 100,000.00 $ 100,000.00 $ 295,000.00 $ 295,000.00 $ 370,000.00 $ 370,000.00 $ 230,000.00 $ 230,000.00 $ 650,000.00 $ 650,000.00 7 128652 Portable Changeable Message Sign (LS) EA 5 $ 10,000.00 $ 50,000.00 $ 5,000.00 $ 25,000.00 $ 12,000.00 $ 60,000.00 $ 12,000.00 $ 60,000.00 $ 6,000.00 $ 30,000.00 8 130100 Job Site Management LS 1 $ 15,000.00 $ 15,000.00 $ 100,000.00 $ 100,000.00 $ 18,800.00 $ 18,800.00 $ 125,000.00 $ 125,000.00 $ 635,000.00 $ 635,000.00 9 130200 Prepare Water Pollution Control Program LS 1 $ 20,000.00 $ 20,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 10 130620 Temporary Drainage Inlet Protection EA 3 $ 400.00 $ 1,200.00 $ 300.00 $ 900.00 $ 700.00 $ 2,100.00 $ 100.00 $ 300.00 $ 425.00 $ 1,275.00 11 130640 Temporary Fiber Roll LF 509 $ 4.00 $ 2,036.00 $ 8.00 $ 4,072.00 $ 18.00 $ 9,162.00 $ 4.00 $ 2,036.00 $ 9.00 $ 4,581.00 12 130680 Temporary Silt Fence LF 488 $ 6.00 $ 2,928.00 $ 7.00 $ 3,416.00 $ 20.00 $ 9,760.00 $ 4.00 $ 1,952.00 $ 8.00 $ 3,904.00 13 130710 Temporary Construction Entrance EA 1 $ 8,000.00 $ 8,000.00 $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ 15,000.00 $ 15,000.00 14 130900 Temporary Concrete Washout LS 1 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 $ 4,400.00 $ 4,400.00 $ 1,000.00 $ 1,000.00 $ 4,700.00 $ 4,700.00 15 141103 Remove Yellow Thermoplastic Traffic
Stripe (Hazardous Waste) LF 230 $ 100.00 $ 23,000.00 $ 15.00 $ 3,450.00 $ 15.00 $ 3,450.00 $ 15.00 $ 3,450.00 $ 16.25 $ 3,737.50 16 160110 Temporary High-Visibility Fence LF 1147 $ 5.00 $ 5,735.00 $ 9.00 $ 10,323.00 $ 30.00 $ 34,410.00 $ 4.00 $ 4,588.00 $ 3.50 $ 4,014.50 17 170103 Clearing and Grubbing (LS) LS 1 $ 62,000.00 $ 62,000.00 $ 100,000.00 $ 100,000.00 $ 58,800.00 $ 58,800.00 $ 100,000.00 $ 100,000.00 $ 16,000.00 $ 16,000.00 18 190101 Roadway Excavation CY 18 $ 195.00 $ 3,510.00 $ 300.00 $ 5,400.00 $ 3,800.00 $ 68,400.00 $ 1,000.00 $ 18,000.00 $ 87.00 $ 1,566.00 19 190106 Roadway Excavation (Type Z-3) (Aerially
Deposited Lead) CY 12 $ 500.00 $ 6,000.00 $ 970.00 $ 11,640.00 $ 1,340.00 $ 16,080.00 $ 400.00 $ 4,800.00 $ 150.00 $ 1,800.00 20 190163 Roadway Excavation (Type R-1) (Aerially
Deposited Lead) CY 2 $ 180.00 $ 360.00 $ 300.00 $ 600.00 $ 1,340.00 $ 2,680.00 $ 400.00 $ 800.00 $ 400.00 $ 800.00 21F 192003 Structure Excavation (Bridge) CY 97 $ 165.00 $ 16,005.00 $ 225.00 $ 21,825.00 $ 350.00 $ 33,950.00 $ 200.00 $ 19,400.00 $ 440.00 $ 42,680.00 22 192011 Structure Excavation (Type R-1) (Aerially
Deposited Lead) CY 358 $ 70.00 $ 25,060.00 $ 300.00 $ 107,400.00 $ 225.00 $ 80,550.00 $ 85.00 $ 30,430.00 $ 111.00 $ 39,738.00 23F 192037 Structure Excavation (Retaining Wall) CY 1700 $ 120.00 $ 204,000.00 $ 225.00 $ 382,500.00 $ 275.00 $ 467,500.00 $ 360.00 $ 612,000.00 $ 87.00 $ 147,900.00 24 192054 Structure Excavation (Type Z-3) (Aerially
Deposited Lead) CY 49 $ 350.00 $ 17,150.00 $ 970.00 $ 47,530.00 $ 1,000.00 $ 49,000.00 $ 400.00 $ 19,600.00 $ 400.00 $ 19,600.00 25F 193003 Structure Backfill (Bridge) CY 73 $ 350.00 $ 25,550.00 $ 290.00 $ 21,170.00 $ 350.00 $ 25,550.00 $ 100.00 $ 7,300.00 $ 82.00 $ 5,986.00 26F 193013 Structure Backfill (Retaining Wall) CY 2316 $ 151.00 $ 349,716.00 $ 220.00 $ 509,520.00 $ 200.00 $ 463,200.00 $ 150.00 $ 347,400.00 $ 85.00 $ 196,860.00 27F 193031 Pervious Backfill Material (Retaining Wall) CY 177 $ 190.00 $ 33,630.00 $ 190.00 $ 33,630.00 $ 148.00 $ 26,196.00 $ 200.00 $ 35,400.00 $ 145.00 $ 25,665.00 28 210300 Hydromulch SF 9939 $ 0.40 $ 3,975.60 $ 0.14 $ 1,391.46 $ 0.30 $ 2,981.70 $ 0.20 $ 1,987.80 $ 0.40 $ 3,975.60 29 210430 Hydroseed SF 9939 $ 0.60 $ 5,963.40 $ 0.88 $ 8,746.32 $ 0.40 $ 3,975.60 $ 1.00 $ 9,939.00 $ 0.70 $ 6,957.30 Item
Code
Item
No. Unit Price
Robert A. Bothman Construction
Extension
Gordon N. Ball, Inc.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
BID SUMMARY
Unit Unit Price Estimated
Quantity Item Description Extension Unit Price Extension Unit Price Extension Unit Price Extension A & B Construction Granite Construction Company Ghilotti Construction Company, Inc.
ATTACHMENT 1
Item
Code
Item
No. Unit Price
Robert A. Bothman Construction
Extension
Gordon N. Ball, Inc.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
BID SUMMARY
Unit Unit Price Estimated
Quantity Item Description Extension Unit Price Extension Unit Price Extension Unit Price Extension A & B Construction Granite Construction Company Ghilotti Construction Company, Inc. 30 210610 Compost (CY) CY 17 $ 300.00 $ 5,100.00 $ 491.00 $ 8,347.00 $ 220.00 $ 3,740.00 $ 550.00 $ 9,350.00 $ 270.00 $ 4,590.00 31 260203 Class 2 Aggregate Base (CY) CY 243 $ 280.00 $ 68,040.00 $ 240.00 $ 58,320.00 $ 380.00 $ 92,340.00 $ 250.00 $ 60,750.00 $ 54.00 $ 13,122.00 32 390132 Hot Mix Asphalt (Type A) TON 50 $ 600.00 $ 30,000.00 $ 400.00 $ 20,000.00 $ 625.00 $ 31,250.00 $ 500.00 $ 25,000.00 $ 551.00 $ 27,550.00 33 394073 Place Hot Mix Asphalt Dike (Type A) LF 5 $ 40.00 $ 200.00 $ 150.00 $ 750.00 $ 680.00 $ 3,400.00 $ 10.00 $ 50.00 $ 1,015.00 $ 5,075.00 34F 510053 Structural Concrete, Bridge CY 27 $ 1,600.00 $ 43,200.00 $ 1,800.00 $ 48,600.00 $ 6,000.00 $ 162,000.00 $ 3,000.00 $ 81,000.00 $ 2,400.00 $ 64,800.00 35F 510054 Structural Concrete, Bridge (Polymer
Fiber) CY 17 $ 1,500.00 $ 25,500.00 $ 1,075.00 $ 18,275.00 $ 1,800.00 $ 30,600.00 $ 2,000.00 $ 34,000.00 $ 1,165.00 $ 19,805.00 36F 510060 Structural Concrete, Retaining Wall CY 1136 $ 850.00 $ 965,600.00 $ 1,440.00 $ 1,635,840.00 $ 1,400.00 $ 1,590,400.00 $ 1,575.00 $ 1,789,200.00 $ 1,190.00 $ 1,351,840.00 37F 510094 Structural Concrete, Drainage Inlet CY 2 $ 4,000.00 $ 8,000.00 $ 1,500.00 $ 3,000.00 $ 8,000.00 $ 16,000.00 $ 4,000.00 $ 8,000.00 $ 666.00 $ 1,332.00 38F 510502 Minor Concrete (Minor Structure) CY 8 $ 800.00 $ 6,400.00 $ 4,500.00 $ 36,000.00 $ 5,200.00 $ 41,600.00 $ 5,000.00 $ 40,000.00 $ 4,250.00 $ 34,000.00 39F 511055 Concrete Surface Texture SF 4554 $ 25.00 $ 113,850.00 $ 22.00 $ 100,188.00 $ 65.00 $ 296,010.00 $ 22.00 $ 100,188.00 $ 15.15 $ 68,993.10 40F 520102 Bar Reinforcing Steel (Bridge) LB 5689 $ 1.75 $ 9,955.75 $ 5.50 $ 31,289.50 $ 5.22 $ 29,696.58 $ 7.00 $ 39,823.00 $ 5.75 $ 32,711.75 41F 520103 Bar Reinforcing Steel (Retaining Wall) LB 92337 $ 1.75 $ 161,589.75 $ 2.00 $ 184,674.00 $ 1.71 $ 157,896.27 $ 2.00 $ 184,674.00 $ 1.85 $ 170,823.45 42 550203A Furnish Prefabricated Bridge LS 1 $ 442,000.00 $ 442,000.00 $ 200,000.00 $ 200,000.00 $ 272,000.00 $ 272,000.00 $ 225,000.00 $ 225,000.00 $ 835,000.00 $ 835,000.00 43 550204A Install Prefabricated Bridge LS 1 $ 46,000.00 $ 46,000.00 $ 50,000.00 $ 50,000.00 $ 144,000.00 $ 144,000.00 $ 80,000.00 $ 80,000.00 $ 65,000.00 $ 65,000.00 44 600029 Remove Asphalt Concrete Surfacing SF 30 $ 40.00 $ 1,200.00 $ 45.00 $ 1,350.00 $ 240.00 $ 7,200.00 $ 30.00 $ 900.00 $ 7.00 $ 210.00 45 600093A Remove Tree EA 36 $ - $ - $ 1,750.00 $ 63,000.00 $ 615.00 $ 22,140.00 $ 2,500.00 $ 90,000.00 $ 817.00 $ 29,412.00 46 610108 18" Alternative Pipe Culvert LF 89 $ 800.00 $ 71,200.00 $ 225.00 $ 20,025.00 $ 150.00 $ 13,350.00 $ 300.00 $ 26,700.00 $ 420.00 $ 37,380.00 47 665007 10" Corrugated Metal Pipe LF 3 $ 3,259.62 $ 9,778.86 $ 300.00 $ 900.00 $ 2,500.00 $ 7,500.00 $ 600.00 $ 1,800.00 $ 2,200.00 $ 6,600.00 48 680287 3" Slotted Plastic Pipe Underdrain LF 240 $ 110.00 $ 26,400.00 $ 30.00 $ 7,200.00 $ 65.00 $ 15,600.00 $ 50.00 $ 12,000.00 $ 55.00 $ 13,200.00 49 680405 8" Perforated Steel Pipe Underdrain (.064"
Thick) LF 322 $ 330.00 $ 106,260.00 $ 70.00 $ 22,540.00 $ 75.00 $ 24,150.00 $ 60.00 $ 19,320.00 $ 115.00 $ 37,030.00 50 680604 8" Non-Perforated Steel Pipe Underdrain LF 27 $ 460.00 $ 12,420.00 $ 35.00 $ 945.00 $ 75.00 $ 2,025.00 $ 100.00 $ 2,700.00 $ 210.00 $ 5,670.00 51 681132 Geocomposite Drain SQFT 1099 $ 8.00 $ 8,792.00 $ 5.00 $ 5,495.00 $ 8.00 $ 8,792.00 $ 1.00 $ 1,099.00 $ 5.50 $ 6,044.50 52 705311 18" Alternative Flared End Section EA 2 $ 3,600.00 $ 7,200.00 $ 3,000.00 $ 6,000.00 $ 400.00 $ 800.00 $ 1,000.00 $ 2,000.00 $ 2,600.00 $ 5,200.00 53 709522 Drainage Inlet Depression EA 1 $ 600.00 $ 600.00 $ 3,000.00 $ 3,000.00 $ 2,150.00 $ 2,150.00 $ 1,000.00 $ 1,000.00 $ 6,500.00 $ 6,500.00 54 710136 Remove 12" CMP Drainage Pipe (LF) LF 44 $ 45.68 $ 2,009.92 $ 60.00 $ 2,640.00 $ 70.00 $ 3,080.00 $ 25.00 $ 1,100.00 $ 150.00 $ 6,600.00 55 710152 Remove Headwall EA 2 $ 700.00 $ 1,400.00 $ 1,000.00 $ 2,000.00 $ 3,000.00 $ 6,000.00 $ 2,000.00 $ 4,000.00 $ 2,000.00 $ 4,000.00 56 710196 Adjust Drainage Inlet EA 1 $ 2,200.00 $ 2,200.00 $ 6,000.00 $ 6,000.00 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 57 723080 Rock Slope Protection (60 lb, Class II,
Method B) (CY) CY 6 $ 550.00 $ 3,300.00 $ 400.00 $ 2,400.00 $ 1,200.00 $ 7,200.00 $ 500.00 $ 3,000.00 $ 550.00 $ 3,300.00 58 729011 Rock Slope Protection Fabric (Class 8) SQYD 8 $ 225.00 $ 1,800.00 $ 25.00 $ 200.00 $ 15.00 $ 120.00 $ 2.00 $ 16.00 $ 100.00 $ 800.00 59 730020 Minor Concrete (Curb)(CY) CY 11 $ 2,100.00 $ 23,100.00 $ 750.00 $ 8,250.00 $ 1,000.00 $ 11,000.00 $ 5,000.00 $ 55,000.00 $ 2,050.00 $ 22,550.00
Item
Code
Item
No. Unit Price
Robert A. Bothman Construction
Extension
Gordon N. Ball, Inc.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
BID SUMMARY
Unit Unit Price Estimated
Quantity Item Description Extension Unit Price Extension Unit Price Extension Unit Price Extension A & B Construction Granite Construction Company Ghilotti Construction Company, Inc. 60 731511A Minor Concrete (Cobblestone Paving) CY 3 $ 4,400.00 $ 13,200.00 $ 4,500.00 $ 13,500.00 $ 5,500.00 $ 16,500.00 $ 5,000.00 $ 15,000.00 $ 6,400.00 $ 19,200.00 61 731516A Minor Concrete (Bike Ramp) CY 2 $ 3,000.00 $ 6,000.00 $ 750.00 $ 1,500.00 $ 7,500.00 $ 15,000.00 $ 1,500.00 $ 3,000.00 $ 15,000.00 $ 30,000.00 62 731521 Minor Concrete (Sidewalk) CY 31 $ 1,500.00 $ 46,500.00 $ 1,000.00 $ 31,000.00 $ 1,000.00 $ 31,000.00 $ 900.00 $ 27,900.00 $ 1,600.00 $ 49,600.00 63 731521A Minor Concrete (Pathway) CY 140 $ 1,000.00 $ 140,000.00 $ 1,400.00 $ 196,000.00 $ 1,000.00 $ 140,000.00 $ 1,500.00 $ 210,000.00 $ 520.00 $ 72,800.00 64 731780 Remove Concrete Sidewalk (SQYD) SY 94 $ 110.00 $ 10,340.00 $ 100.00 $ 9,400.00 $ 95.00 $ 8,930.00 $ 40.00 $ 3,760.00 $ 60.00 $ 5,640.00 65F 750001 Miscellaneous Iron and Steel LB 326 $ 30.00 $ 9,780.00 $ 5.00 $ 1,630.00 $ 10.00 $ 3,260.00 $ 2.00 $ 652.00 $ 6.00 $ 1,956.00 66F 750501 Miscellaneous Metal (Bridge) LB 442 $ 12.00 $ 5,304.00 $ 22.00 $ 9,724.00 $ 5.00 $ 2,210.00 $ 20.00 $ 8,840.00 $ 6.00 $ 2,652.00 67 780440 Prepare and Stain Concrete SQFT 5407 $ 50.00 $ 270,350.00 $ 31.50 $ 170,320.50 $ 35.00 $ 189,245.00 $ 30.00 $ 162,210.00 $ 40.00 $ 216,280.00 68F 780460 Anti-Graffiti Coating SQFT 4964 $ 14.00 $ 69,496.00 $ 17.00 $ 84,388.00 $ 5.20 $ 25,812.80 $ 7.00 $ 34,748.00 $ 3.00 $ 14,892.00 69 800320A Chain Link Fence - Black Vinyl Clad (Type
CL-4) LF 509 $ 108.00 $ 54,972.00 $ 90.00 $ 45,810.00 $ 65.00 $ 33,085.00 $ 90.00 $ 45,810.00 $ 100.00 $ 50,900.00 70 800360A Chain Link Fence - Black Vinyl Clad (Type
CL-6) LF 172 $ 145.00 $ 24,940.00 $ 109.00 $ 18,748.00 $ 71.25 $ 12,255.00 $ 110.00 $ 18,920.00 $ 120.00 $ 20,640.00 71 800360B Chain Link Fence - Standard (Type CL-6) LF 410 $ 81.00 $ 33,210.00 $ 63.30 $ 25,953.00 $ 60.00 $ 24,600.00 $ 65.00 $ 26,650.00 $ 69.00 $ 28,290.00 72 803020 Remove Fence LF 691 $ 8.00 $ 5,528.00 $ 6.00 $ 4,146.00 $ 30.00 $ 20,730.00 $ 10.00 $ 6,910.00 $ 8.00 $ 5,528.00 73 803060A Remove Bollard EA 2 $ 200.00 $ 400.00 $ 200.00 $ 400.00 $ 650.00 $ 1,300.00 $ 500.00 $ 1,000.00 $ 450.00 $ 900.00 74 800103 Temporary Fence (Type CL-6) LS 1 $ 13,000.00 $ 13,000.00 $ 2,500.00 $ 2,500.00 $ 38,000.00 $ 38,000.00 $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 75 800103A Temporary Tree Protection Fence LS 1 $ 15,000.00 $ 15,000.00 $ 7,700.00 $ 7,700.00 $ 22,000.00 $ 22,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 76 820250 Remove Roadside Sign EA 1 $ 520.00 $ 520.00 $ 300.00 $ 300.00 $ 125.00 $ 125.00 $ 500.00 $ 500.00 $ 325.00 $ 325.00 77 820630 Relocate Roadside Sign (Wood Post) EA 1 $ 520.00 $ 520.00 $ 600.00 $ 600.00 $ 275.00 $ 275.00 $ 600.00 $ 600.00 $ 650.00 $ 650.00 78 820840 Roadside Sign - One Post EA 19 $ 1,250.00 $ 23,750.00 $ 650.00 $ 12,350.00 $ 595.00 $ 11,305.00 $ 650.00 $ 12,350.00 $ 705.00 $ 13,395.00 79F 833020 Chain Link Railing (Mod) LF 287 $ 120.00 $ 34,440.00 $ 90.00 $ 25,830.00 $ 75.00 $ 21,525.00 $ 90.00 $ 25,830.00 $ 100.00 $ 28,700.00 80F 833085 Pipe Handrailing LF 570 $ 675.00 $ 384,750.00 $ 521.00 $ 296,970.00 $ 188.00 $ 107,160.00 $ 520.00 $ 296,400.00 $ 515.00 $ 293,550.00 81F 833085A Pipe Handrailing (Chain Link Railing
Mounted) LF 135 $ 265.00 $ 35,775.00 $ 207.00 $ 27,945.00 $ 180.00 $ 24,300.00 $ 210.00 $ 28,350.00 $ 205.00 $ 27,675.00 82F 833085B Pipe Handrailing (Side Wall Mounted) LF 199 $ 285.00 $ 56,715.00 $ 221.00 $ 43,979.00 $ 280.00 $ 55,720.00 $ 220.00 $ 43,780.00 $ 225.00 $ 44,775.00 83F 833085C Pipe Handrailing (Top Wall Mounted) LF 132 $ 415.00 $ 54,780.00 $ 321.00 $ 42,372.00 $ 270.00 $ 35,640.00 $ 320.00 $ 42,240.00 $ 320.00 $ 42,240.00 84F 833085D Pipe Handrailing (Pedestrian Guardrail
Mounted) LF 414 $ 410.00 $ 169,740.00 $ 319.00 $ 132,066.00 $ 140.00 $ 57,960.00 $ 320.00 $ 132,480.00 $ 325.00 $ 134,550.00 85F 833085E Pipe Handrailing (Curb Mounted) LF 78 $ 420.00 $ 32,760.00 $ 323.00 $ 25,194.00 $ 345.00 $ 26,910.00 $ 325.00 $ 25,350.00 $ 340.00 $ 26,520.00 86F 833088A Pedestrian Guardrail LF 407 $ 760.00 $ 309,320.00 $ 589.00 $ 239,723.00 $ 415.00 $ 168,905.00 $ 580.00 $ 236,060.00 $ 635.00 $ 258,445.00
Item
Code
Item
No. Unit Price
Robert A. Bothman Construction
Extension
Gordon N. Ball, Inc.
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
BID SUMMARY
Unit Unit Price Estimated
Quantity Item Description Extension Unit Price Extension Unit Price Extension Unit Price Extension A & B Construction Granite Construction Company Ghilotti Construction Company, Inc. 87 840501A 4" Thermoplastic Traffic Stripe LF 592 $ 16.00 $ 9,472.00 $ 3.00 $ 1,776.00 $ 3.00 $ 1,776.00 $ 3.00 $ 1,776.00 $ 5.50 $ 3,256.00 88 840505 6" Thermoplastic Traffic Stripe LF 33 $ 160.00 $ 5,280.00 $ 6.00 $ 198.00 $ 6.00 $ 198.00 $ 6.00 $ 198.00 $ 6.50 $ 214.50 89 840515 Thermoplastic Pavement Marking SQFT 395 $ 50.00 $ 19,750.00 $ 13.00 $ 5,135.00 $ 13.00 $ 5,135.00 $ 13.00 $ 5,135.00 $ 23.00 $ 9,085.00 90 840501B 4" Thermoplastic Traffic Stripe (Broken) LF 599 $ 14.00 $ 8,386.00 $ 4.00 $ 2,396.00 $ 4.00 $ 2,396.00 $ 4.00 $ 2,396.00 $ 6.50 $ 3,893.50 91 870200A Relocate Lighting Standard LS 1 $ 42,000.00 $ 42,000.00 $ 29,600.00 $ 29,600.00 $ 29,600.00 $ 29,600.00 $ 28,000.00 $ 28,000.00 $ 33,000.00 $ 33,000.00 92 204035A Allocated Tree Replacement Cost LS 1 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 93 999990 Mobilization LS 1 $ 586,888.14 $ 586,888.14 $ 650,500.00 $ 650,500.00 $ 582,000.00 $ 582,000.00 $ 675,000.00 $ 675,000.00 $ 551,000.00 $ 551,000.00
TOTAL BID
$ 5,829,281.42 $ 6,529,395.78 $ 6,635,782.95 $ 6,760,897.80 $ 6,869,055.70
ATTACHMENT 2
CONSTRUCTION AGREEMENT
This Agreement is dated for identification this ____ day of _______, 2023, and is made by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and Granite Construction Company, whose address is 715 Comstock Street, Santa Clara, CA 95054 (hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.
That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans, specifications, and addenda on file in the Office of the Parks and Public Works of said TOWN, entitled:
"Plans and Specifications for Project #18-832-4505, Federal Project No. CML-5067(021) Los Gatos Creek Trail to Highway 9 Trailhead Connector Project” which said plans, specifications and addenda and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer.
CONTRACTOR understands and acknowledges that the Project #18-832-4505 Los Gatos Creek Trail to Highway 9 Trailhead Connector Federal Project No. CML 5067(021),
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includes federal grant funding. Language found in the project specifications, with minor edits, was taken from the Code of Federal Regulations. The Contractor shall maintain records and submit reports documenting their performance under this Contract.
CONTRACTOR acknowledges that the Project #18-832-4505 Los Gatos Creek Trail to Highway 9 Trailhead Connector Federal Project No. CML 5067(021), includes federal grant funds. Pursuant to requirements related to the use of these funds, CONTRACTOR agrees to accept and adhere to the requirements set forth in the Federal Labor Standards Provisions, Federal Prevailing Wage Decision, and Federal Contract Requirements as noted in the Project Specifications.
ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Pages 1-4 of the TOWN's Project Specifications - Notice to Contractors which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed 270 working days from the date of the Notice to Proceed.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any
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subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist.
Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract.
CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.
ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN.
CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request.
In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith.
ARTICLE X: INSURANCE
Without limiting CONTRACTOR’s obligation to indemnify and hold harmless TOWN and VTA, CONTRACTOR must procure and maintain for the duration of the
ATTACHMENT 2
CONTRACT 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 CONTRACTOR, its agents, representatives, employees, or SUBCONTRACTORS. The cost of such insurance must be borne exclusively by CONTRACTOR. In the event of any material change in the contract, TOWN AND VTA reserve the right to change the insurance requirements set forth herein. CONTRACTOR 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 CONTRACTOR’S services under this contract. This coverage must be continuously maintained for a minimum of two (2) years following completion of this contract. This coverage may be written on a “claims made” basis, if so, please see special provisions in Section B.
e. CONTRACTOR’S Pollution/Environmental Impairment Liability: covering liability arising out of the treatment, handling, storage, transportation, or accidental release of any hazardous material.
2. Minimum Limits of Insurance
a. CONTRACTOR must maintain limits no less than:
ATTACHMENT 2
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.
CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said contract: (1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
ATTACHMENT 2
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. CONTRACTOR’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 contract to the contrary, if CONTRACTOR carries insurance limits exceeding the minima stated in Section 2(a)(1)-(5) immediately above, such greater limits will apply to this contract.
1. 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, CONTRACTOR must provide a current financial report including balance sheets and income statements for the past three years, so that TOWN and VTA can assess CONTRACTOR’s ability to pay claims falling within the selfinsured 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 selfinsured retention or deductible as respects TOWN and VTA, its directors, officers, officials, employees and volunteers; or to require CONTRACTOR 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 CONTRACTOR. CONTRACTOR may request execution of a nondisclosure agreement prior to submission of financial reports.
B. Reserved.
C. Claims Made Provisions
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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 claims-made 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 contract.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, CONTRACTOR 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 contract 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 Liabilities 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 CONTRACTOR, including TOWN’S general supervision of CONTRACTOR; products and completed operations of CONTRACTOR and its SUBCONTRACTORS; premises owned, occupied or used by CONTRACTOR; or automobiles owned, leased, hired or borrowed by CONTRACTOR. 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. Contractor’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.
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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 CONTRACTOR and its SUBCONTRACTORs for TOWN and VTA.
b. CONTRACTOR’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 apply only as excess to CONTRACTOR’s insurance. CONTRACTOR’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 CONTRACTOR’S policies.
e. In the event CONTRACTOR employs SUBCONTRACTORS as part of the work covered by this contract, it shall be the responsibility of CONTRACTOR to ensure that all SUBCONTRACTORs are included as additional insured under the CONTRACTORS policies or shall furnish separate certificates and endorsements for each SUBCONTRACTOR. All coverages for SUBCONTRACTORs shall be subject to all of the requirements stated herein and shall comply with the same insurance requirements that are stated in this contract.
3. Other Insurance Provisions
a. For all lines of coverage, the Certificate must disclose the actual amount of the Deductible or Self-Insured Retention and shall be subject to TOWN’S approval.
ATTACHMENT 2
b. If any coverage forms or endorsements required by this contract 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 contract, TOWN AND VTA reserves the rights to require CONTRACTOR to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle. c. CONTRACTOR agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event that said insurance coverage expires at any time or times during the term of this contract, CONTRACTOR 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 contract, 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 CONTRACTOR 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 contract 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 CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR’S services or operation pursuant to this contract, nor shall it be deemed a waiver of TOWN’S rights to insurance coverage hereunder.
e. If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract. TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach.
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
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CONTRACTOR 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. CONTRACTOR must instruct their insurance broker/agent to submit all insurance certificates and 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 contract. 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 contract documents.
It is a condition precedent to granting of this contract that all insurance certificates and endorsements be received and approved by TOWN and VTA before contract 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 CONTRACTOR receives notice that any of the insurance policies required by this Exhibit may be cancelled or coverage reduced for any reason whatsoever, CONTRACTOR must immediately provide written notice to TOWN that such insurance policy required by this Exhibit is canceled or coverage is reduced.
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G. Maintenance of Insurance
If CONTRACTOR fails to maintain insurance as required herein, TOWN, at its option, may suspend the contract until a new policy of insurance is in effect.
H. Hold Harmless
CONTRACTOR 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 CONTRACTOR or CONTRACTOR's SUBCONTRACTORS, agents, or employee operations under this contract, whether such operations by CONTRACTOR or by any of CONTRACTOR's SUBCONTRACTORS, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR's SUBCONTRACTORS during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default of this contract 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 CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or claims for damages as aforesaid.
CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its 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 contract (exclusive of any such actions brought by CONTRACTOR), 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 CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, CONTRACTOR'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.
ATTACHMENT 2
ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the TOWN, guarantying the performance of the terms of this Contract.
Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register.
Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship.
ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a two (2) year period subsequent to the date of final acceptance.
This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project.
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable.
ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County.
ATTACHMENT 2
ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond the 270 working days allocated for project completion plus any authorized extensions (DATE), TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum as outlined in the Caltrans Standard Specifications Section 8-1.10A in liquidated damages for each and every calendar day such delay in completion of the services under this Agreement continues beyond DATE. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement.
ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR.
ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within seven (7) days after TOWN's payment to CONTRACTOR.
Any delay or postponement of payment from the above-referenced time frame may
ATTACHMENT 2
occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
ARTICLE XX: PREVAILING WAGES
Prevailing Wage. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000.00, which are defined as a “public work” by the State of California. This includes construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This includes service and warranty work on public buildings and structures.
1. The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
3. The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any
ATTACHMENT 2
additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
5. In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
6. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
7. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
8. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
9. The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the agreement.
ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or
ATTACHMENT 2
understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.
ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure.
ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to:
CONTRACTOR NAME: Granite Construction Company
ADDRESS: 715 Comstock Street
CITY, ST ZIP: Santa Clara, CA 95054
or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, addressed to:
Nicolle Burnham
Parks and Public Works Director
TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, CA 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR.
ARTICLE XXIV: FEDERAL REQUIREMENTS
The Federal Requirements found in Exhibits B and C are hereby physically incorporated into the signed Contract Documents.
The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract (Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2000 by subcontracts and subsequent lower-tier subcontracts and are required to be physically included in each executed contract.
ATTACHMENT 2
The provisions of Form FHWA 1273 are hereby physically attached, unmodified as a part of this contract (Exhibit C). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and are required be physically included in each executed contract.
ARTICLE XXV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference.
ATTACHMENT 2
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above.
APPROVED AS TO CONTENT:
Nicolle Burnham
Parks and Public Works Director
APPROVED AS TO FORM:
Gabrielle Whelan
Town Attorney
"TOWN":
TOWN OF LOS GATOS
By:
Laurel Prevetti
Town Manager
ATTEST:
_____________________________
Wendy Wood, Town Clerk
CONTRACTOR:
Name: _____________________________
Address:
Tax ID No. or SSAN:
By:
Title:
By:
Title:
ATTACHMENT 2
CONTRACT BONDS
ATTACHMENT 2
CONTRACTOR'S BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That ______________________________________, as Principal, and ________________________________________________________________________ ,
incorporated under the laws of the State of
and authorized to execute bonds and undertakings as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting implements or machinery, or hiring crews, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company, or corporations in the just and full sum of __________________________ Dollars ($__________), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally firmly by these presents.
The condition of the foregoing obligation is such that; WHEREAS, the abovebounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:
TLG Project #18-832-4505 – Federal Project # CML 5067(021) LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT
as required by the plans and specifications, pursuant to the award made to said contractor per Council report dated __________, 2022
, as will more fully appear by reference to the minutes of said Council of said TOWN of said date.
NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or corporation, or his agent, or the subcontractors, fails to pay for any materials, provisions, provender, or other supplies, or crews used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amount required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax Code, then the Surety of this bond will also pay the same in an amount not exceeding the sum specified in the bond; and
ATTACHMENT 2
also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
This bond is executed and filed to comply with the provisions of Sections 3247, et seq., of the Civil Code.
Signed and sealed this day of , 2022.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
ATTACHMENT 2
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (AMOUNT OF CONTRACT) Dollars ($_______________), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that purpose and the TOWN Manager is hereby authorized to approve said bond.
APPROVED AS TO FORM:
_____________________________ ________________________________ Gabrielle Whelan, Town Attorney Laurel Prevetti, Town Manager ATTEST: _____________________________
Wendy Wood, Town Clerk
ATTACHMENT 2
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, and
______________________________________________________________________, incorporated under the laws of the State of _______________, and authorized to execute bonds and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a municipal corporation of the State of California, in the sum of __________________ Dollars ($_________), for payment whereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that: WHEREAS, the abovebounden Principal has entered into a certain contract attached hereto and incorporated herein by reference as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following work; to wit:
TLG Project #18-832-4505 – Federal Project # CML 5067(021) LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT
as required by the plans and specifications, pursuant to the award made to said contractor per Council report dated , 202_, as will more fully appear by reference to the minutes of said Council of said TOWN of said date.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise, to remain in full force and effect.
ATTACHMENT 2
Signed and sealed this day of , 202_.
BY:
CONTRACTOR
(CORPORATE SEAL)
BY:
SURETY (Address and Phone No.)
(SURETY SEAL)
ATTACHMENT 2
The amount of the within obligation is hereby fixed by the TOWN Council in the sum of (AMOUNT OF CONTRACT) Dollars ($ ), that sum being one hundred percent (100%) of the contract price, is by said TOWN Council deemed sufficient and adequate, and is the sum fixed by it for that purpose.
APPROVED AS TO FORM:
_____________________________ ________________________________ Gabrielle Whelan, Town Attorney Laurel Prevetti, Town Manager ATTEST: _____________________________
Wendy Wood, Town Clerk
ATTACHMENT 2
EXHIBIT A
Bid Proposal – Granite Construction Company
EXHIBIT A TO ATTACHMENT 2
ATTACHMENT 2
EXHIBIT B
Minimum Federal Wage Rates Determination
"General Decision Number: CA20230018 03/17/2023
Superseded General Decision Number: CA20220018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $16.20 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2023. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2023. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
EXHIBIT B
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
4 02/24/2023
5 03/03/2023
6 03/10/2023
7 03/17/2023
ASBE0016-004 01/01/2021
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)
Area 1......................$ 30.45 10.60
Area 2......................$ 36.53 9.27
---------------------------------------------------------------- ASBE0016-008 08/01/2022
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN
FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1......................$ 81.16 23.57
Area 2......................$ 62.51 23.57
---------------------------------------------------------------- BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
Rates Fringes
BOILERMAKER
Area 1......................$ 49.62 41.27
Area 2......................$ 45.60 38.99
---------------------------------------------------------------- BRCA0003-001 08/01/2022
Rates Fringes
MARBLE FINISHER..................$ 39.20 18.31
---------------------------------------------------------------- BRCA0003-003 08/01/2022
Rates Fringes
MARBLE MASON.....................$ 56.98 28.54
---------------------------------------------------------------- BRCA0003-005 05/01/2022
Rates Fringes
BRICKLAYER
( 1) Fresno, Kings,
Madera, Mariposa, Merced....$ 47.88 23.29
( 7) San Francisco, San
Mateo.......................$ 53.69 26.03
( 8) Alameda, Contra
Costa, San Benito, Santa
Clara.......................$ 53.61 23.81
( 9) Calaveras, San
Joaquin, Stanislaus,
Toulumne....................$ 45.12 21.55
(16) Monterey, Santa Cruz...$ 50.78 25.42
---------------------------------------------------------------- BRCA0003-008 07/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 41.93 18.98
TERRAZZO WORKER/SETTER...........$ 56.84 27.53
---------------------------------------------------------------- BRCA0003-011 04/01/2022
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes
TILE FINISHER
Area 1......................$ 33.86 17.54
Area 2......................$ 30.90 17.67
Area 3......................$ 29.89 16.80
Tile Layer
Area 1......................$ 55.41 20.50
Area 2......................$ 50.66 20.40
Area 3......................$ 45.76 19.92
CARP0022-001 07/01/2021
San Francisco County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:
The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.
DIVING IN ENCLOSURES:
Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
---------------------------------------------------------------- CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer..................$ 28.76 22.53
Lead Installer.............$ 32.21 23.03
Master Installer...........$ 36.43 23.03
Area 2
Installer..................$ 26.11 22.53
Lead Installer.............$ 29.08 23.03
Master Installer...........$ 32.71 23.03
Area 3
Installer..................$ 25.16 22.53
Lead Installer.............$ 27.96 23.03
Master Installer...........$ 31.38 23.03
---------------------------------------------------------------- CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
---------------------------------------------------------------- CARP0152-001 07/01/2020
Contra Costa County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 52.80 30.82
Journeyman Carpenter........$ 52.65 30.82
Millwright..................$ 52.75 32.41
---------------------------------------------------------------- CARP0152-002 07/01/2020
San Joaquin County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 46.92 30.82
Journeyman Carpenter........$ 46.77 30.82
Millwright..................$ 49.27 32.41
---------------------------------------------------------------- CARP0152-004 07/01/2020
Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- CARP0217-001 07/01/2021
San Mateo County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP0405-002 07/01/2021
San Benito County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0505-001 07/01/2021
Santa Cruz County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0605-001 07/01/2021
Monterey County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 49.12 31.49
Journeyman Carpenter........$ 48.97 31.49
Millwright..................$ 51.47 33.08
---------------------------------------------------------------- CARP0701-001 07/01/2021
Fresno and Madera Counties
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- CARP0713-001 07/01/2021
Alameda County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 55.00 31.49
Journeyman Carpenter........$ 54.85 31.49
Millwright..................$ 54.95 33.08
---------------------------------------------------------------- CARP1109-001 07/01/2021
Kings County
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 54.85 31.49
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
Filer.......................$ 47.77 31.49
Journeyman Carpenter........$ 47.62 31.49
Millwright..................$ 50.12 33.08
---------------------------------------------------------------- ELEC0006-004 12/01/2021
SAN FRANCISCO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 48.43 3%+23.15
Technician..................$ 55.69 3%+23.15
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0006-007 01/01/2023
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN......................$ 84.50 3%+40.315
---------------------------------------------------------------- ELEC0100-002 03/01/2023
FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ELECTRICIAN......................$ 43.50 27.655
---------------------------------------------------------------- ELEC0100-005 12/01/2022
FRESNO, KINGS, MADERA
Rates Fringes
Communications System
Installer...................$ 38.24 23.80
Technician..................$ 47.80 24.08
SCOPE OF WORK
Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance,
background-foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.
A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video
transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment
E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE
INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems).
Chases and/or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the
scope). Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply:
1. The project involves new or major remodel building trades construction.
2. The conductors for the fire alarm system are installed in conduit.
---------------------------------------------------------------- ELEC0234-001 12/26/2022
MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
ELECTRICIAN
Zone A......................$ 60.91 29.43
Zone B......................$ 67.00 29.61
Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line
Zone B: Any area outside of Zone A
---------------------------------------------------------------- ELEC0234-003 12/01/2021
MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound & Communications
Installer...................$ 47.93 24.09
Technician..................$ 55.12 24.30
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0302-001 02/27/2023
CONTRA COSTA COUNTY
Rates Fringes
CABLE SPLICER....................$ 68.92 32.67
ELECTRICIAN......................$ 61.26 32.44
---------------------------------------------------------------- ELEC0302-003 12/01/2022
CONTRA COSTA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 46.64 25.30
Technician..................$ 53.64 25.51
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0332-001 06/01/2022
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER....................$ 92.20 42.316
ELECTRICIAN......................$ 80.17 41.955
FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay.
Work on structures of 60 ft. or over (as described above):
to be paid twice the straight-time rate of pay.
---------------------------------------------------------------- ELEC0332-003 12/01/2022
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 25.435
Technician..................$ 58.86 25.666
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-001 06/01/2021
ALAMEDA COUNTY
Rates Fringes
CABLE SPLICER....................$ 72.80 3%+39.94
ELECTRICIAN......................$ 63.30 3%+39.94
---------------------------------------------------------------- ELEC0595-002 12/01/2022
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
CABLE SPLICER....................$ 53.34 7.75%+25.88
ELECTRICIAN
(1) Tunnel work.............$ 46.67 7.75%+25.88
---------------------------------------------------------------- ELEC0595-006 12/01/2022
ALAMEDA COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 3%+23.90
Technician..................$ 58.86 3%+23.90
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0595-008 12/01/2022
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
Communications System
Installer...................$ 40.88 3%+23.90
Technician..................$ 47.01 3%+23.90
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
---------------------------------------------------------------- ELEC0617-001 06/01/2022
SAN MATEO COUNTY
Rates Fringes
ELECTRICIAN......................$ 74.00 43.76
---------------------------------------------------------------- ELEC0617-003 12/01/2022
SAN MATEO COUNTY
Rates Fringes
Sound & Communications
Installer...................$ 51.18 25.44
Technician..................$ 58.86 25.67
SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC0684-001 06/01/2022
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
ELECTRICIAN......................$ 44.25 3%+26.63
CABLE SPLICER = 110% of Journeyman Electrician
---------------------------------------------------------------- ELEC0684-004 12/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer...................$ 38.24 23.80
Technician..................$ 43.98 23.97
SCOPE OF WORK: Including any data system whose only function
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside electrician.
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC................$ 77.61 37.335+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0003-001 06/28/2021
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.
SEE AREA DEFINITIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 53.92 31.54
GROUP 2.....................$ 52.39 31.54
GROUP 3.....................$ 50.91 31.54
GROUP 4.....................$ 49.53 31.54
GROUP 5.....................$ 48.26 31.54
GROUP 6.....................$ 46.94 31.54
GROUP 7.....................$ 45.80 31.54
GROUP 8.....................$ 44.66 31.54
GROUP 8-A...................$ 42.45 31.54
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
GROUP 1
Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 45.76 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck Crane Oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck Crane Oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck Crane Oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.37 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
Cranes.....................$ 50.02 31.15
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 45.46 31.15
GROUP 4
Cranes.....................$ 48.00 31.15
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1....................$ 47.52 31.15
GROUP 1-A..................$ 49.99 31.15
GROUP 2....................$ 46.26 31.15
GROUP 3....................$ 44.93 31.15
GROUP 4....................$ 43.79 31.15
GROUP 5....................$ 42.65 31.15
UNDERGROUND:
GROUP 1....................$ 47.42 31.15
GROUP 1-A..................$ 49.89 31.15
GROUP 2....................$ 46.16 31.15
GROUP 3....................$ 44.83 31.15
GROUP 4....................$ 43.69 31.15
GROUP 5....................$ 42.55 31.15
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer
machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie
capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; SelfPage 164 propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
-------------------------------------------------------------- --
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
----------------------------------------------------------- AREA DESCRIPTIONS:
POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS,
MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN
FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
STANISLAUS, TUOLUMNE
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern Part
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MADERA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MARIPOSA COUNTY:
Area 1: Remainder
Area 2: Eastern Part
MONTEREY COUNTY:
Area 1: Remainder
Area 2: Southwestern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- ENGI0003-008 08/01/2022
Rates Fringes
Dredging: (DREDGING:
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 55.15 35.46
(2) Dredge Dozer; Heavy
duty repairman.............$ 50.19 35.46
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 49.07 35.46
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 45.77 35.46
AREA 2:
(1) Leverman...............$ 57.15 35.46
(2) Dredge Dozer; Heavy
duty repairman.............$ 52.19 35.46
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 51.07 35.46
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 47.77 35.46
AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: All but the Western border with Mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/29/2020
SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 39.95 30.28
AREA 2.....................$ 41.95 30.28
GROUP 2
AREA 1.....................$ 36.35 30.28
AREA 2.....................$ 38.35 30.28
GROUP 3
AREA 1.....................$ 31.74 30.28
AREA 2.....................$ 33.74 30.28
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment
shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.
AREA DESCRIPTIONS:
AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeaster border with Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0377-001 01/01/2023
ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES
Rates Fringes
Ironworkers:
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 49.88 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0377-003 01/01/2023
SAN FRANCISCO CITY and COUNTY
Rates Fringes
Ironworkers:
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 50.38 34.30
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- IRON0433-005 01/01/2023
REMAINING COUNTIES
Rates Fringes
IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-002 06/27/2022
AREA ""A"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND
SANTA CLARA COUNTIES
AREA ""B"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND
TUOLUMNE COUNTIES
Rates Fringes
Asbestos Removal Laborer
All Counties................$ 27.05 13.50
LABORER (Lead Removal)
Area A......................$ 35.37 26.95
Area B......................$ 34.37 26.95
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of
asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.
---------------------------------------------------------------- LABO0073-002 06/28/2021
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0073-003 07/01/2022
SAN JOAQUIN COUNTY
Rates Fringes
LABORER
Mason Tender-Brick..........$ 35.29 25.21
---------------------------------------------------------------- LABO0073-005 07/01/2021
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.....................$ 42.00 25.71
GROUP 2.....................$ 41.77 25.71
GROUP 3.....................$ 41.52 25.71
GROUP 4.....................$ 41.07 25.71
GROUP 5.....................$ 40.53 25.71
Shotcrete Specialist........$ 42.52 25.71
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0073-007 06/25/2018
CALAVERAS AND SAN JOAQUIN COUNTIES
Rates Fringes
LABORER (CONSTRUCTION CRAFT
LABORERS)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 30.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications.
LABORER (GARDENERS,
HORTICULTURAL & LANDSCAPE
LABORERS)
(1) New Construction........$ 29.54 23.20
(2) Establishment Warranty
Period......................$ 23.23 23.20
LABORER (GUNITE)
GROUP 1.....................$ 29.75 22.31
GROUP 2.....................$ 29.25 22.31
GROUP 3.....................$ 28.66 22.31
GROUP 4.....................$ 28.54 22.31
LABORER (WRECKING)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers
entitled to receive the wage rate set forth in Group 1-a below.
---------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter;
Dri-pak-it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying,
dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
(except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after the temporary cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not